II 

116TH CONGRESS 

1ST SESSION S. 627 

To promote the economic security and safety of survivors of domestic violence, 

dating violence, sexual assault, or stalking, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 28, 2019 

Mrs. MURRAY (for herself, Ms. BALDWIN, Mr. BLUMENTHAL, Mr. CARDIN, 

Mrs. GILLIBRAND, Ms. HIRONO, Ms. KLOBUCHAR, Mr. LEAHY, Mr. 

MENENDEZ, Mr. SANDERS, Ms. WARREN, Ms. HARRIS, Mr. BROWN, and 

Mrs. FEINSTEIN) introduced the following bill; which was read twice and 

referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To promote the economic security and safety of survivors 

of domestic violence, dating violence, sexual assault, or 

stalking, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Security And Financial Empowerment Act of 2019’’ or 

6 the ‘‘SAFE Act of 2019’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 


pbinns on DSK79D2C42PROD with BILLS
2 

•S 627 IS

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

TITLE I—REAUTHORIZATION OF NATIONAL RESOURCE CENTER 

GRANTS ON WORKPLACE RESPONSES TO ASSIST SURVIVORS OF 

DOMESTIC AND SEXUAL VIOLENCE 

Sec. 101. Grant program reauthorization. 

TITLE II—SAFE LEAVE FOR ADDRESSING DOMESTIC VIOLENCE, 

DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING 

Sec. 201. Definitions. 

Sec. 202. Entitlement to safe leave for addressing domestic violence, dating violence, sexual assault, or stalking. 

Sec. 203. Existing leave usable for addressing domestic violence, dating violence, sexual assault, or stalking. 

Sec. 204. Emergency benefits. 

Sec. 205. Rule of construction. 

Sec. 206. Regulations. 

TITLE III—SURVIVORS’ EMPLOYMENT SUSTAINABILITY 

Sec. 301. Short title. 

Sec. 302. Prohibited discriminatory acts. 

Sec. 303. Enforcement. 

Sec. 304. Regulations. 

Sec. 305. Attorney’s fees. 

TITLE IV—ENTITLEMENT TO UNEMPLOYMENT COMPENSATION 

FOR SURVIVORS OF DOMESTIC VIOLENCE, DATING VIOLENCE, 

SEXUAL ASSAULT, OR STALKING 

Sec. 401. Unemployment compensation and training provisions. 

TITLE V—INSURANCE PROTECTIONS AND SUPPORT FOR SURVIVORS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL 

ASSAULT, OR STALKING 

Subtitle A—Insurance Protections 

Sec. 501. Definitions. 

Sec. 502. Discriminatory acts prohibited. 

Sec. 503. Insurance protocols for survivors of domestic violence, dating violence, 

sexual assault, or stalking. 

Sec. 504. Reasons for adverse actions. 

Sec. 505. Life insurance. 

Sec. 506. Subrogation without consent prohibited. 

Sec. 507. Enforcement. 

Sec. 508. Applicability. 

Subtitle B—Supporting and Empowering Survivors 

Sec. 511. Study and reports on barriers to survivors’ economic security access. 

Sec. 512. Domestic violence, dating violence, sexual assault, and stalking education and information programs for survivors. 

Sec. 513. Investing in public health infrastructure to improve support for survivors. 


pbinns on DSK79D2C42PROD with BILLS
3 

•S 627 IS

Sec. 514. Financial literacy and advocacy for survivors of domestic violence, 

dating violence, sexual assault, or stalking. 

TITLE VI—SEVERABILITY 

Sec. 601. Severability. 

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Over 1 in 3 women experience sexual vio4 lence, and 1 in 5 women have survived completed or 

5 attempted rape. Such violence has a devastating im6 pact on women’s physical and emotional health, fi7 nancial security, and ability to maintain their jobs, 

8 and thus impacts interstate commerce and economic 

9 security. 

10 (2) The Office on Violence Against Women of 

11 the Department of Justice defines domestic violence 

12 as a pattern of abusive behavior in any relationship 

13 that is used by one intimate partner to gain or 

14 maintain power and control over another intimate 

15 partner. Domestic violence can include physical, sex16 ual, emotional, economic, or psychological actions or 

17 threats of actions that influence another person. Do18 mestic violence includes any behaviors that intimi19 date, manipulate, humiliate, isolate, frighten, ter20 rorize, coerce, threaten, blame, hurt, injure, or 

21 wound an individual. 

22 (3) The Centers for Disease Control and Pre23 vention report that domestic violence or intimate 


pbinns on DSK79D2C42PROD with BILLS
4 

•S 627 IS

1 partner violence is a serious public health issue for 

2 millions of individuals in the United States. Nearly 

3 1 in 4 women and 1 in 9 men in the United States 

4 have suffered sexual violence, physical violence, or 

5 stalking by an intimate partner. 

6 (4) Homicide is one of the leading causes of 

7 death for women on the job. Domestic partners or 

8 relatives commit 43 percent of workplace homicides 

9 against women. One study found that intimate part10 ner violence resulted in 142 homicides among women 

11 at work in the United States from 2003 to 2008, a 

12 figure which represents 22 percent of the 648 work13 place homicides among women during the period. In 

14 fact, in 2010, homicides against women at work in15 creased by 13 percent despite continuous declines in 

16 overall workplace homicides in recent years. 

17 (5) Women in the United States are 11 times 

18 more likely to be murdered with guns than women 

19 in other high-income countries. Female intimate 

20 partners are more likely to be murdered with a fire21 arm than all other means combined. The presence of 

22 a gun in domestic violence situations increases the 

23 risk of homicide for women by 500 percent. 

24 (6) Violence can have a dramatic impact on the 

25 survivor of such violence. Studies indicate that 44 


pbinns on DSK79D2C42PROD with BILLS
5 

•S 627 IS

1 percent of surveyed employed adults experienced the 

2 effect of domestic violence in the workplace, and 64 

3 percent indicated their workplace performance was 

4 affected. Another recent survey found that 78 per5 cent of offenders used workplace resources to ex6 press anger, check up on, pressure, or threaten a 

7 survivor of sexual assault, whether occurring in or 

8 out of the workplace, can impair an employee’s work 

9 performance, require time away from work, and un10 dermine the employee’s ability to maintain a job. 

11 Nearly 50 percent of sexual assault survivors lose 

12 their jobs or are forced to quit in the aftermath of 

13 the assaults. 

14 (7) In a study commission by the Office on Vio15 lence Against Women of the Department of Justice, 

16 66 percent of respondents said an abusive partner 

17 had disrupted their ability to complete education or 

18 training through tactics such as not allowing them 

19 access to money to pay for school, socially isolating 

20 the survivor, controlling or monitoring their mobility, 

21 using physical or sexual violence, and damaging or 

22 destroying personal property. 

23 (8) Studies find that 60 percent of single 

24 women lack economic security and 81 percent of 

25 households with single mothers live in economic inseVerDate Sep 11 2014 00:58 Mar 16, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S627.IS S627

pbinns on DSK79D2C42PROD with BILLS
6 

•S 627 IS

1 curity. Significant barriers survivors confront in2 clude housing, transportation, and child care. Nine3 ty-two percent of homeless women have experienced 

4 domestic violence, and more than 50 percent cite do5 mestic violence as the direct cause for homelessness. 

6 Survivors are deprived of their autonomy, liberty, 

7 and security, and face tremendous threats to their 

8 health and safety. 

9 (9) The Centers for Disease Control and Pre10 vention report that survivors of severe intimate part11 ner violence lose nearly 8,000,000 days of paid work, 

12 which is the equivalent of more than 32,000 full13 time jobs and almost 5,600,000 days of household 

14 productivity each year. Therefore, women dispropor15 tionately need time off to care for their health or to 

16 find safety solutions, such as obtaining a restraining 

17 order or finding housing, to avoid or prevent further 

18 violence. 

19 (10) Annual costs of intimate partner violence 

20 are estimated over $8,300,000,000. According to the 

21 Centers for Disease Control and Prevention, the 

22 costs of intimate partner violence against women in 

23 1995 exceeded an estimated $5,800,000,000. These 

24 costs included nearly $4,100,000,000 in the direct 

25 costs of medical and mental health care and nearly 


pbinns on DSK79D2C42PROD with BILLS
7 

•S 627 IS

1 $1,800,000,000 in the indirect costs of lost produc2 tivity. These statistics are generally considered to be 

3 underestimated because the costs associated with the 

4 criminal justice system are not included. 

5 (11) Fifty-five percent of senior executives re6 cently surveyed said domestic violence has a harmful 

7 effect on their company’s productivity, and more 

8 than 70 percent said domestic violence negatively af9 fects attendance. Seventy-eight percent of human re10 sources professionals consider partner violence a 

11 workplace issue. However, more than 70 percent of 

12 United States workplaces have no formal program or 

13 policy that addresses workplace violence, let alone 

14 domestic violence. In fact, only four percent of em15 ployers provided training on domestic violence. 

16 (12) Studies indicate that one of the best pre17 dictors of whether a survivor will be able to stay 

18 away from his or her abuser is the degree of his or 

19 her economic independence. However, domestic vio20 lence, dating violence, sexual assault, and stalking 

21 often negatively impact a survivor’s ability to main22 tain employment. 

23 (13) Abusers frequently seek to exert financial 

24 control over their partners by actively interfering 

25 with their ability to work, including preventing their 


pbinns on DSK79D2C42PROD with BILLS
8 

•S 627 IS

1 partners from going to work, harassing their part2 ners at work, limiting their partners’ access to cash 

3 or transportation, and sabotaging their partners’ 

4 child care arrangements. 

5 (14) Economic abuse refers to behaviors that 

6 control an intimate partner’s ability to acquire, use, 

7 and maintain access to, money, credit, ownership of 

8 assets, or access to governmental or private financial 

9 benefits, including defaulting on joint obligations 

10 (e.g. school loans, credit card debt, mortgage, or 

11 rent). Other forms may include preventing someone 

12 from attending school, threatening to or actually ter13 minating employment, controlling or withholding ac14 cess to cash, checking, or credit accounts, attempts 

15 to damage or sabotage an intimate partner’s credit16 worthiness, including forcing a survivor to write bad 

17 checks, including forcing a survivor to default on 

18 payments related to household needs, such as hous19 ing, or forcing a survivor into bankruptcy. 

20 (15) The Patient Protection and Affordable 

21 Care Act (Public Law 111–148), and the amend22 ments made by such Act, ensures that most health 

23 plans must cover preventive services, including 

24 screening and counseling for domestic violence, at no 

25 additional cost. In addition, it prohibits insurance 


pbinns on DSK79D2C42PROD with BILLS
9 

•S 627 IS

1 companies from discriminating against patients for 

2 preexisting conditions, like domestic violence. 

3 (16) Yet, more can be done to help survivors. 

4 Federal law in effect on the day before the date of 

5 enactment of this Act does not explicitly— 

6 (A) authorize survivors of domestic vio7 lence, dating violence, sexual assault, or stalk8 ing to take leave from work to seek legal assist9 ance and redress, counseling, or assistance with 

10 safety planning activities; 

11 (B) address the eligibility of survivors of 

12 domestic violence, dating violence, sexual as13 sault, or stalking for unemployment compensa14 tion; 

15 (C) provide job protection to survivors of 

16 domestic violence, dating violence, sexual as17 sault, or stalking; 

18 (D) prohibit insurers and employers who 

19 self-insure employee benefits from discrimi20 nating against survivors of domestic violence, 

21 dating violence, sexual assault, or stalking and 

22 those who help them in determining eligibility, 

23 rates charged, and standards for payment of 

24 claims; or 


pbinns on DSK79D2C42PROD with BILLS
10 

•S 627 IS

1 (E) prohibit insurers from disclosing infor2 mation about abuse and the location of the sur3 vivors through insurance databases and other 

4 means. 

5 (17) October is National Domestic Violence 

6 Awareness Month. 

7 (18) This Act aims to empower survivors of do8 mestic violence, dating violence, sexual assault, or 

9 stalking to be free from violence, hardship, and con10 trol, which restrains basic human rights to freedom 

11 and safety in the United States. 

12 TITLE I—REAUTHORIZATION OF 

13 NATIONAL RESOURCE CEN14 TER GRANTS ON WORKPLACE 

15 RESPONSES TO ASSIST SUR16 VIVORS OF DOMESTIC AND 

17 SEXUAL VIOLENCE 

18 SEC. 101. GRANT PROGRAM REAUTHORIZATION. 

19 (a) INFORMATION AND ASSISTANCE TO SURVIVOR

20 SERVICE PROVIDERS AND COMMUNITY ORGANIZA21 TIONS.—Section 41501(a) of the Violence Against Women 

22 Act of 1994 (34 U.S.C. 12501(a)) is amended by striking 

23 the period at the end and inserting ‘‘, and to survivor serv24 ices organizations (as defined in section 201 of the Secu25 rity And Financial Empowerment Act of 2019) (including 


pbinns on DSK79D2C42PROD with BILLS
11 

•S 627 IS

1 community based organizations) and tribal, State, and ter2 ritorial domestic violence or sexual assault coalitions to en3 able the organizations and coalitions to provide resource 

4 materials or other assistance to employers, labor organiza5 tions, or employees.’’. 

6 (b) ADMINISTRATIVE PROVISIONS.—Section 41501 

7 of the Violence Against Women Act of 1994 (34 U.S.C. 

8 12501) is amended by adding at the end the following: 

9 ‘‘(g) ADMINISTRATIVE COSTS.— 

10 ‘‘(1) IN GENERAL.—From the amount appro11 priated pursuant to subsection (e) for each fiscal 

12 year, the Attorney General shall not use more than 

13 2.5 percent for the administration and monitoring of 

14 grants made available under this section. 

15 ‘‘(2) EVALUATIONS.—From the amount appro16 priated pursuant to subsection (e) for each fiscal 

17 year, the Director shall not use more than 5 percent 

18 to award contracts or cooperative agreements to en19 tities with demonstrated expertise in program eval20 uation, to evaluate programs under this section.’’. 


pbinns on DSK79D2C42PROD with BILLS
12 

•S 627 IS

1 TITLE II—SAFE LEAVE FOR AD2 DRESSING DOMESTIC VIO3 LENCE, DATING VIOLENCE, 

4 SEXUAL ASSAULT, OR STALK5 ING 

6 SEC. 201. DEFINITIONS. 

7 As used in this title, the following definitions apply: 

8 (1) DOMESTIC VIOLENCE; DATING VIOLENCE; 

9 SEXUAL ASSAULT; STALKING.—The terms ‘‘domestic 

10 violence’’, ‘‘dating violence’’, ‘‘sexual assault’’, and 

11 ‘‘stalking’’ have the meanings given the terms in sec12 tion 40002 of the Violence Against Women Act of 

13 1994 (42 U.S.C. 12291). 

14 (2) DOMESTIC PARTNER.— 

15 (A) IN GENERAL.—The term ‘‘domestic 

16 partner’’, with respect to an individual, means 

17 another individual with whom the first indi18 vidual is in a committed relationship. 

19 (B) COMMITTED RELATIONSHIP DE20 FINED.—The term ‘‘committed relationship’’ 

21 means a relationship between two individuals, 

22 each at least 18 years of age, in which each in23 dividual is the other individual’s sole domestic 

24 partner and both individuals share responsi25 bility for a significant measure of each other’s 


pbinns on DSK79D2C42PROD with BILLS
13 

•S 627 IS

1 common welfare. The term includes any such 

2 relationship between two individuals, including 

3 individuals of the same sex, that is granted 

4 legal recognition by a State or political subdivi5 sion of a State as a marriage or analogous rela6 tionship, including a civil union or domestic 

7 partnership. 

8 (3) EMPLOY; STATE.—The terms ‘‘employ’’ and 

9 ‘‘State’’ have the meanings given the terms in sec10 tion 3 of the Fair Labor Standards Act of 1938 (29 

11 U.S.C. 203). 

12 (4) EMPLOYEE.— 

13 (A) IN GENERAL.—The term ‘‘employee’’ 

14 means any person employed by an employer. In 

15 the case of an individual employed by a public 

16 agency, such term means an individual em17 ployed as described in section 3(e)(2) of the 

18 Fair Labor Standards Act of 1938 (29 U.S.C. 

19 203(e)(2)). 

20 (B) BASIS.—The term includes a person 

21 employed as described in subparagraph (A) on 

22 a full- or part-time basis, for a fixed time pe23 riod, on a temporary basis, pursuant to a detail, 

24 or as a participant in a work assignment as a 


pbinns on DSK79D2C42PROD with BILLS
14 

•S 627 IS

1 condition of receipt of Federal or State income2 based public assistance. 

3 (5) EMPLOYER.—The term ‘‘employer’’— 

4 (A) means any person engaged in com5 merce or in any industry or activity affecting 

6 commerce who employs 15 or more individuals; 

7 and 

8 (B) includes any person acting directly or 

9 indirectly in the interest of an employer in rela10 tion to an employee, and includes a public agen11 cy that employs individuals as described in sec12 tion 3(e)(2) of the Fair Labor Standards Act of 

13 1938, but does not include any labor organiza14 tion (other than when acting as an employer) or 

15 anyone acting in the capacity of officer or agent 

16 of such labor organization. 

17 (6) EMPLOYMENT BENEFITS.—The term ‘‘em18 ployment benefits’’ means all benefits provided or 

19 made available to employees by an employer, includ20 ing group life insurance, health insurance, disability 

21 insurance, sick leave, annual leave, educational bene22 fits, and pensions, regardless of whether such bene23 fits are provided by a practice or written policy of 

24 an employer or through an ‘‘employee benefit plan’’, 

25 as defined in section 3(3) of the Employee RetireVerDate Sep 11 2014 00:58 Mar 16, 2019 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S627.IS S627

pbinns on DSK79D2C42PROD with BILLS
15 

•S 627 IS

1 ment Income Security Act of 1974 (29 U.S.C. 

2 1002(3)). 

3 (7) FAMILY OR HOUSEHOLD MEMBER.—The 

4 term ‘‘family or household member’’, used with re5 spect to a person, means an individual who— 

6 (A) is a son or daughter, parent, spouse, 

7 domestic partner, or any other individual re8 lated by blood or affinity whose close associa9 tion with the person is the equivalent of a fam10 ily relationship; and 

11 (B) is not the abuser (as defined in section 

12 501) involved. 

13 (8) PERSON.—The term ‘‘person’’ has the 

14 meaning given the term in section 3 of the Fair 

15 Labor Standards Act of 1938 (29 U.S.C. 203). 

16 (9) PUBLIC AGENCY.—The term ‘‘public agen17 cy’’ has the meaning given the term in section 3 of 

18 the Fair Labor Standards Act of 1938 (29 U.S.C. 

19 203). 

20 (10) PUBLIC ASSISTANCE.—The term ‘‘public 

21 assistance’’ includes cash, benefits issued under a 

22 supplement nutrition assistance program under sec23 tion 4 of the Food and Nutrition Act of 2008 (7 

24 U.S.C. 2013), medical assistance, housing assistVerDate Sep 11 2014 00:58 Mar 16, 2019 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S627.IS S627

pbinns on DSK79D2C42PROD with BILLS
16 

•S 627 IS

1 ance, and other benefits provided on the basis of in2 come by a public agency. 

3 (11) SURVIVOR OF DOMESTIC VIOLENCE, DAT4 ING VIOLENCE, SEXUAL ASSAULT, OR STALKING.— 

5 The term ‘‘survivor of domestic violence, dating vio6 lence, sexual assault, or stalking’’ includes— 

7 (A) a person who has experienced or is ex8 periencing domestic violence, dating violence, 

9 sexual assault, or stalking; and 

10 (B) a person whose family or household 

11 member has experienced or is experiencing do12 mestic violence, dating violence, sexual assault, 

13 or stalking. 

14 (12) SURVIVOR SERVICES ORGANIZATION.—The 

15 term ‘‘survivor services organization’’ means a non16 profit, nongovernmental organization that provides 

17 assistance to survivors of domestic violence, dating 

18 violence, sexual assault, or stalking, or to advocates 

19 for such survivors, including a rape crisis center, an 

20 organization carrying out a domestic violence pro21 gram, an organization operating a shelter or pro22 viding counseling services, an organization providing 

23 assistance through the legal process, or another enti24 ty that provides assistance to such survivors. 


pbinns on DSK79D2C42PROD with BILLS
17 

•S 627 IS

1 SEC. 202. ENTITLEMENT TO SAFE LEAVE FOR ADDRESSING 

2 DOMESTIC VIOLENCE, DATING VIOLENCE, 

3 SEXUAL ASSAULT, OR STALKING. 

4 (a) SAFE LEAVE GENERALLY.—An employer shall 

5 provide each employee employed by the employer not less 

6 than 30 days of safe leave in a 12-month period to be 

7 used as described in subsection (c). The 30 days of safe 

8 leave may be unpaid leave, except that the employee may 

9 elect to use the paid safe leave earned by the employee 

10 under subsection (b)(1) or substitute leave under section 

11 203. An employee may take not more than a total of 30 

12 days of unpaid safe leave, and 56 hours of paid safe leave 

13 earned by the employee under subsection (b)(1), in a 12- 

14 month period under this section (which days and hours 

15 may be taken intermittently or on a reduced leave sched16 ule), in addition to any leave taken under title I of the 

17 Family and Medical Leave Act of 1993 (29 U.S.C. 2611 

18 et seq.), or subchapter V of chapter 63 of title 5, United 

19 States Code. 

20 (b) SAFE LEAVE.— 

21 (1) IN GENERAL.—In addition to the 30 days 

22 of safe leave described in subsection (a), the em23 ployer shall provide each employee employed by the 

24 employer not less than one hour of earned paid safe 

25 leave for every 30 hours worked, to be used as de26 scribed in subsection (c). An employer shall not be 


pbinns on DSK79D2C42PROD with BILLS
18 

•S 627 IS

1 required to permit an employee to earn, under this 

2 subsection, more than 56 hours of paid safe leave in 

3 a 12-month period, unless the employer chooses to 

4 set a higher limit. 

5 (2) EXEMPT EMPLOYEES.— 

6 (A) IN GENERAL.—Except as provided in 

7 paragraph (3), for purposes of this subsection, 

8 an employee who is exempt from overtime re9 quirements under section 13(a)(1) of the Fair 

10 Labor Standards Act of 1938 (29 U.S.C. 

11 213(a)(1)) shall be assumed to work 40 hours 

12 in each workweek. 

13 (B) SHORTER NORMAL WORKWEEK.—If 

14 the normal workweek of such an employee is 

15 less than 40 hours, the employee shall earn 

16 paid safe leave based upon that normal work17 week. 

18 (3) DATES FOR BEGINNING TO EARN PAID

19 SAFE LEAVE AND USE.—Employees shall begin to 

20 earn paid safe leave under this subsection at the 

21 commencement of their employment. An employee 

22 shall be entitled to use the earned paid safe leave be23 ginning on the 60th calendar day following com24 mencement of the employee’s employment. After 

25 that 60th calendar day, the employee may use the 


pbinns on DSK79D2C42PROD with BILLS
19 

•S 627 IS

1 paid safe leave as the leave is earned. An employer 

2 may, at the discretion of the employer, loan paid 

3 safe leave to an employee for use by such employee 

4 in advance of the employee earning such safe leave 

5 as provided in this subsection and may permit use 

6 before the 60th day of employment. 

7 (4) CARRYOVER.— 

8 (A) IN GENERAL.—Except as provided in 

9 subparagraph (B), paid safe leave earned under 

10 this subsection shall carry over from one year 

11 to the next. 

12 (B) CONSTRUCTION.—This title shall not 

13 be construed to require an employer to permit 

14 an employee to earn more than 56 hours of 

15 paid safe leave under this subsection at a given 

16 time. 

17 (5) EMPLOYERS WITH EXISTING POLICIES.— 

18 Any employer with a paid leave policy who makes 

19 available an amount of paid leave that is sufficient 

20 to meet the requirements of this subsection and that 

21 may be used for the same purposes and under the 

22 same conditions as the purposes and conditions out23 lined in subsection (c) shall not be required to per24 mit an employee to earn additional paid safe leave 

25 under this subsection. 


pbinns on DSK79D2C42PROD with BILLS
20 

•S 627 IS

1 (6) CONSTRUCTION.—Nothing in this section 

2 shall be construed as requiring financial or other re3 imbursement to an employee from an employer upon 

4 the employee’s termination, resignation, retirement, 

5 or other separation from employment for earned 

6 paid safe leave that has not been used. 

7 (7) REINSTATEMENT.—If an employee is sepa8 rated from employment with an employer and is re9 hired, within 12 months after that separation, by the 

10 same employer, the employer shall (in addition to 

11 providing unpaid safe leave in accordance with sub12 section (a)) reinstate the employee’s previously 

13 earned paid safe leave. The employee shall be enti14 tled to use the earned paid safe leave and earn addi15 tional paid safe leave at the recommencement of em16 ployment with the employer. 

17 (c) USES.—Safe leave earned under this section may 

18 be used by an employee for an absence resulting from do19 mestic violence, dating violence, sexual assault, or stalk20 ing, if the leave is to— 

21 (1) seek medical attention for the employee or 

22 the employee’s family or household member, to re23 cover from physical or psychological injury or dis24 ability caused by domestic violence, dating violence, 

25 sexual assault, or stalking; 


pbinns on DSK79D2C42PROD with BILLS
21 

•S 627 IS

1 (2) obtain or assist a family or household mem2 ber in obtaining services from a survivor services or3 ganization; 

4 (3) obtain or assist a family or household mem5 ber in obtaining behavioral health services or coun6 seling; 

7 (4) participate in safety planning, temporary or 

8 permanent relocation, or taking other actions, to in9 crease the safety of the employee or family or house10 hold member; or 

11 (5) take legal action, including preparing for or 

12 participating in any civil or criminal legal proceeding 

13 related to or resulting from domestic violence, dating 

14 violence, sexual assault, or stalking. 

15 (d) PROCEDURES.— 

16 (1) REQUEST.—Safe leave shall be provided 

17 upon the oral or written request of an employee. 

18 Such request shall— 

19 (A) include the expected duration of the 

20 period of such leave; and 

21 (B) be provided as soon as practicable 

22 after the employee is aware of the need for such 

23 period. 

24 (2) SCHEDULING.—An employee shall make a 

25 reasonable effort to schedule a period of safe leave 


pbinns on DSK79D2C42PROD with BILLS
22 

•S 627 IS

1 under this title in a manner that does not unduly 

2 disrupt the operations of the employer, unless sched3 uling the period of leave in that manner is not prac4 ticable. 

5 (3) CERTIFICATION.— 

6 (A) IN GENERAL.—An employer may re7 quire that a request for safe leave under this 

8 section for a purpose described in subsection (c) 

9 be supported— 

10 (i) by any form of certification (but 

11 the employer may not specify the par12 ticular form of certification to be provided) 

13 consisting of— 

14 (I) a sworn statement of the em15 ployee or the family or household 

16 member, as the case may be; 

17 (II) a police report indicating 

18 that the employee, or a family or 

19 household member of the employee, 

20 was a survivor of domestic violence, 

21 dating violence, sexual assault, or 

22 stalking; 

23 (III) a court order protecting or 

24 separating the employee or a family or 

25 household member of the employee 


pbinns on DSK79D2C42PROD with BILLS
23 

•S 627 IS

1 from the perpetrator of an act of do2 mestic violence, dating violence, sexual 

3 assault, or stalking, or other evidence 

4 from the court or prosecuting attorney 

5 that the employee or family or house6 hold member has appeared in court or 

7 is scheduled to appear in court in a 

8 proceeding related to domestic vio9 lence, dating violence, sexual assault, 

10 or stalking; 

11 (IV) documentation from an em12 ployee or volunteer working for a sur13 vivor services organization, an attor14 ney, a police officer, a medical profes15 sional, a social worker, an antiviolence 

16 counselor, a member of the clergy, or 

17 another professional, affirming that 

18 the employee or a family or household 

19 member of the employee is a survivor 

20 of domestic violence, dating violence, 

21 sexual assault, or stalking; or 

22 (V) other corroborating evidence 

23 concerning the employee or family or 

24 household member; and 


pbinns on DSK79D2C42PROD with BILLS
24 

•S 627 IS

1 (ii) if the survivor is the employee’s 

2 family or household member, in order to 

3 verify the employee’s relationship with the 

4 survivor, by information that may include 

5 a sworn statement of the employee, a birth 

6 certificate, a court document, or other cor7 roborating evidence. 

8 (B) SURVIVOR INFORMATION PROTEC9 TIONS.— 

10 (i) IN GENERAL.—The certification 

11 shall state the reason that the safe leave is 

12 required with the facts to be disclosed lim13 ited to the minimum necessary to establish 

14 a need for the employee to be absent from 

15 work, and the employee shall not be re16 quired to explain the details of the domes17 tic violence, dating violence, sexual assault, 

18 or stalking involved. 

19 (ii) LIMITATION ON INFORMATION RE20 QUIREMENTS.—An employer may not re21 quire an employee, in order to obtain leave 

22 under this section, to produce, discuss with 

23 the employer, or provide— 

24 (I) any additional information, 

25 beyond the information enumerated in 


pbinns on DSK79D2C42PROD with BILLS
25 

•S 627 IS

1 this subsection that establishes that 

2 the employee is eligible for leave 

3 under this section; or 

4 (II) any information that would 

5 compromise the safety of the employee 

6 or family or household member in any 

7 way. 

8 (C) TIMELINESS.—The employee shall pro9 vide a copy of such certification to the employer 

10 in a timely manner, not later than 30 days 

11 after the first day of the period of leave to the 

12 extent possible. The employer shall not delay 

13 the commencement of the period of leave on the 

14 basis that the employer has not yet received the 

15 certification. 

16 (4) PROHIBITION.—An employer may not re17 quire, as a condition of providing safe leave under 

18 this title, that the employee involved search for or 

19 find a replacement employee to cover the hours dur20 ing which the employee is using safe leave. 

21 (e) CONFIDENTIALITY; NONDISCLOSURE FOR SUR22 VIVORS.— 

23 (1) CONFIDENTIALITY.—All information pro24 vided to the employer pursuant to subsection (c) or 

25 (d), and the facts that the employee or family or 


pbinns on DSK79D2C42PROD with BILLS
26 

•S 627 IS

1 household member is a survivor of domestic violence, 

2 dating violence, sexual assault, or stalking, and the 

3 employee has requested or obtained safe leave pursu4 ant to this section, shall be retained in the strictest 

5 confidence by the employer, except to the extent that 

6 disclosure is— 

7 (A) requested or consented to by the em8 ployee in writing; or 

9 (B) otherwise required by applicable Fed10 eral or State law. 

11 (2) CONFIDENTIAL COMMUNICATIONS.—The 

12 provision of any information under this section does 

13 not waive or diminish the confidential or privileged 

14 nature of communications between a survivor of do15 mestic violence, dating violence, sexual assault, or 

16 stalking with one or more of the individuals or enti17 ties providing information under subclause (II), 

18 (III), (IV), or (V) of clause (i), or clause (ii), of sub19 section (d)(3)(A). 

20 (3) NONDISCLOSURE.—If an employer pos21 sesses health information about an employee or an 

22 employee’s family or household member, such infor23 mation shall— 


pbinns on DSK79D2C42PROD with BILLS
27 

•S 627 IS

1 (A) be maintained on a separate form and 

2 in a separate file from other personnel informa3 tion; 

4 (B) be treated as a confidential medical 

5 record; and 

6 (C) not be disclosed except to the affected 

7 employee or with the written permission of the 

8 affected employee. 

9 (f) EMPLOYMENT AND BENEFITS.— 

10 (1) RESTORATION TO POSITION.— 

11 (A) IN GENERAL.—Except as provided in 

12 paragraph (2), any employee who takes leave 

13 under this section for the intended purpose of 

14 the leave shall be entitled, on return from such 

15 leave— 

16 (i) to be restored by the employer to 

17 the position of employment held by the em18 ployee when the leave commenced; or 

19 (ii) to be restored to an equivalent po20 sition with equivalent employment benefits, 

21 pay, and other terms and conditions of em22 ployment. 

23 (B) LOSS OF BENEFITS.—The taking of 

24 leave under this section shall not result in the 


pbinns on DSK79D2C42PROD with BILLS
28 

•S 627 IS

1 loss of any employment benefit accrued prior to 

2 the date on which the leave commenced. 

3 (C) LIMITATIONS.—Nothing in this sub4 section shall be construed to entitle any re5 stored employee to any accrual, right, benefit, 

6 or position described in section 104(a)(3) of the 

7 Family and Medical Leave Act of 1993 (29 

8 U.S.C. 2614(a)(3)). 

9 (D) CONSTRUCTION.—Nothing in this 

10 paragraph shall be construed to prohibit an em11 ployer from requiring an employee on leave 

12 under this section to report periodically to the 

13 employer on the status and intention of the em14 ployee to return to work. 

15 (2) EXEMPTION CONCERNING CERTAIN HIGHLY

16 COMPENSATED EMPLOYEES.— 

17 (A) DENIAL OF RESTORATION.—An em18 ployer may deny restoration under paragraph 

19 (1) to any employee described in subparagraph 

20 (B) if— 

21 (i) such denial is necessary to prevent 

22 substantial and grievous economic injury to 

23 the operations of the employer; 

24 (ii) the employer notifies the employee 

25 of the intent of the employer to deny resVerDate Sep 11 2014 00:58 Mar 16, 2019 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S627.IS S627

pbinns on DSK79D2C42PROD with BILLS
29 

•S 627 IS

1 toration on such basis at the time the em2 ployer determines that such injury would 

3 occur; and 

4 (iii) in any case in which the leave has 

5 commenced, the employee elects not to re6 turn to employment after receiving such 

7 notice. 

8 (B) AFFECTED EMPLOYEES.—An employee 

9 referred to in subparagraph (A) is a salaried 

10 employee who is among the highest paid 10 per11 cent of the employees employed by the employer 

12 within 75 miles of the facility at which the em13 ployee is employed. 

14 (3) MAINTENANCE OF HEALTH BENEFITS.— 

15 (A) COVERAGE.—Except as provided in 

16 subparagraph (B), during any period that an 

17 employee takes leave under this section, the em18 ployer shall maintain coverage under any group 

19 health plan (meaning a group health plan as 

20 defined in section 5000(b)(1) of the Internal 

21 Revenue Code of 1986 or an employee welfare 

22 benefit plan as defined in section 3(1) of the 

23 Employee Retirement Income Security Act of 

24 1974 (29 U.S.C. 1002(1))) for the duration of 

25 such leave at the level and under the conditions 


pbinns on DSK79D2C42PROD with BILLS
30 

•S 627 IS

1 coverage would have been provided if the em2 ployee had continued in employment continu3 ously for the duration of such leave. 

4 (B) FAILURE TO RETURN FROM LEAVE.— 

5 The employer may recover the premium that 

6 the employer paid for maintaining coverage for 

7 the employee under such group health plan dur8 ing any period of leave under this section if— 

9 (i) the employee fails to return from 

10 leave under this section after the period of 

11 leave to which the employee is entitled has 

12 expired; and 

13 (ii) the employee fails to return to 

14 work for a reason other than— 

15 (I) the continuation of, recur16 rence of, or onset of an episode of do17 mestic violence, dating violence, sexual 

18 assault, or stalking, that entitles the 

19 employee to leave pursuant to this 

20 section; or 

21 (II) other circumstances beyond 

22 the control of the employee. 

23 (C) CERTIFICATION.— 

24 (i) ISSUANCE.—An employer may re25 quire an employee who claims that the emVerDate Sep 11 2014 00:58 Mar 16, 2019 Jkt 089200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S627.IS S627

pbinns on DSK79D2C42PROD with BILLS
31 

•S 627 IS

1 ployee is unable to return to work because 

2 of a reason described in subclause (I) or 

3 (II) of subparagraph (B)(ii) to provide, 

4 within a reasonable period after making 

5 the claim, certification to the employer 

6 that the employee is unable to return to 

7 work because of the circumstances that 

8 formed the basis for that claim. 

9 (ii) CONTENTS.—An employee may 

10 satisfy the certification requirement of 

11 clause (i) by providing to the employer— 

12 (I) a sworn statement of the em13 ployee; 

14 (II) documentation from an em15 ployee, agent, or volunteer of a sur16 vivor services organization, an attor17 ney, a member of the clergy, or a 

18 medical or other professional, from 

19 whom the employee or the employee’s 

20 family or household member has 

21 sought assistance in addressing do22 mestic violence, dating violence, sexual 

23 assault, or stalking, including the ef24 fects of domestic violence, dating vio25 lence, sexual assault, or stalking; 


pbinns on DSK79D2C42PROD with BILLS
32 

•S 627 IS

1 (III) a police or court record; or 

2 (IV) other corroborating evi3 dence. 

4 (D) LIMITATION ON INFORMATION RE5 QUIREMENTS.—An employer may not require 

6 an employee, under subparagraph (C), to 

7 produce, discuss with the employer, or pro8 vide— 

9 (i) any additional information, beyond 

10 the information enumerated in this para11 graph that establishes that the employee is 

12 unable to return as described in subpara13 graph (C)(i); or 

14 (ii) any information that would com15 promise the safety of the employee or fam16 ily or household member in any way. 

17 (E) CONFIDENTIALITY.—All information 

18 provided to the employer pursuant to subpara19 graph (C), including a statement of the em20 ployee or any other documentation, record, or 

21 corroborating evidence, and the fact that the 

22 employee is not returning to work because of a 

23 reason described in subclause (I) or (II) of sub24 paragraph (B)(ii), shall be retained in the 


pbinns on DSK79D2C42PROD with BILLS
33 

•S 627 IS

1 strictest confidence by the employer, except to 

2 the extent that disclosure is— 

3 (i) requested or consented to by the 

4 employee in writing; or 

5 (ii) otherwise required by applicable 

6 Federal or State law. 

7 (F) CONFIDENTIAL COMMUNICATIONS.— 

8 The provision of any information under this 

9 paragraph does not waive or diminish the con10 fidential or privileged nature of communications 

11 between a survivor of domestic violence, dating 

12 violence, sexual assault, or stalking with one or 

13 more of the individuals or entities providing in14 formation under subclause (II), (III), or (IV) of 

15 subparagraph (C)(ii). 

16 (g) PROHIBITED ACTS.— 

17 (1) INTERFERENCE WITH RIGHTS.—Section 

18 105(a) of the Family and Medical Leave Act of 

19 1993 (29 U.S.C. 2615(a)) shall apply with respect 

20 to this title. 

21 (2) INTERFERENCE WITH PROCEEDINGS OR IN22 QUIRIES.—Section 105(b) of the Family and Medical 

23 Leave Act of 1993 (29 U.S.C. 2615(b)) shall apply 

24 with respect to this title. 


pbinns on DSK79D2C42PROD with BILLS
34 

•S 627 IS

1 (3) PUBLIC AGENCY SANCTIONS.—It shall be 

2 unlawful for any public agency to deny, reduce, or 

3 terminate the benefits of, or otherwise sanction any 

4 individual, or otherwise discriminate (including har5 assment or retaliation in any form or manner) 

6 against any individual with respect to the amount, 

7 terms, or conditions of public assistance of the indi8 vidual, because the individual— 

9 (A) exercised or attempted to exercise any 

10 right provided under this section for the indi11 vidual or the individual’s family or household 

12 member; or 

13 (B) opposed any practice made unlawful by 

14 this section. 

15 (h) ENFORCEMENT.— 

16 (1) CIVIL ACTION BY AFFECTED INDIVID17 UALS.— 

18 (A) LIABILITY.—Any employer that vio19 lates subsection (g) shall be liable to any indi20 vidual affected— 

21 (i) for damages equal to— 

22 (I) the amount of— 

23 (aa) any wages, salary, em24 ployment benefits, or other com25 pensation denied or lost to such 


pbinns on DSK79D2C42PROD with BILLS
35 

•S 627 IS

1 individual by reason of the viola2 tion; or 

3 (bb) in a case in which 

4 wages, salary, employment bene5 fits, or other compensation has 

6 not been denied or lost to the in7 dividual, any actual monetary 

8 losses sustained by the individual 

9 as a direct result of the violation; 

10 (II) the interest on the amount 

11 described in subclause (I) calculated 

12 at the prevailing rate; and 

13 (III) an additional amount as liq14 uidated damages equal to the sum of 

15 the amount described in subclause (I) 

16 and the interest described in sub17 clause (II), except that if an employer 

18 that has violated subsection (g) proves 

19 to the satisfaction of the court that 

20 the act or omission that violated sub21 section (g) was in good faith and that 

22 the employer had reasonable grounds 

23 for believing that the act or omission 

24 was not a violation of subsection (g), 

25 such court may, in the discretion of 


pbinns on DSK79D2C42PROD with BILLS
36 

•S 627 IS

1 the court, reduce the amount of the li2 ability to the amount and interest de3 termined under subclauses (I) and 

4 (II), respectively; and 

5 (ii) for such equitable relief as may be 

6 appropriate, including employment, rein7 statement, and promotion. 

8 (B) RIGHT OF ACTION.—An action to re9 cover the damages or equitable relief prescribed 

10 in subparagraph (A) may be maintained against 

11 any employer in any Federal or State court of 

12 competent jurisdiction by any one or more af13 fected individuals for and on behalf of— 

14 (i) the individuals; or 

15 (ii) the individuals and other individ16 uals similarly situated. 

17 (C) FEES AND COSTS.—The court in such 

18 an action shall, in addition to any judgment 

19 awarded to the plaintiff, allow a reasonable at20 torney’s fee, reasonable expert witness fees, and 

21 other costs of the action to be paid by the de22 fendant. 

23 (D) LIMITATIONS.—The right provided by 

24 subparagraph (B) to bring an action by or on 


pbinns on DSK79D2C42PROD with BILLS
37 

•S 627 IS

1 behalf of any affected individual shall termi2 nate— 

3 (i) on the filing of a complaint by the 

4 Secretary of Labor in an action under 

5 paragraph (4) in which restraint is sought 

6 of any further delay in the payment of the 

7 amount described in subparagraph (A)(i) 

8 to such individual by an employer respon9 sible under subparagraph (A) for the pay10 ment; or 

11 (ii) on the filing of a complaint by the 

12 Secretary of Labor in an action under 

13 paragraph (2) in which a recovery is 

14 sought of the damages described in sub15 paragraph (A)(i) owing to an affected indi16 vidual by an employer liable under sub17 paragraph (A), 

18 unless the action described in clause (i) or (ii) 

19 is dismissed without prejudice on motion of the 

20 Secretary of Labor. 

21 (2) ACTION BY THE SECRETARY OF LABOR.— 

22 (A) ADMINISTRATIVE ACTION.—The Sec23 retary of Labor shall receive, investigate, and 

24 attempt to resolve complaints of violations of 

25 subsection (g) in the same manner as the SecVerDate Sep 11 2014 00:58 Mar 16, 2019 Jkt 089200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S627.IS S627

pbinns on DSK79D2C42PROD with BILLS
38 

•S 627 IS

1 retary of Labor receives, investigates, and at2 tempts to resolve complaints of violations of 

3 sections 6 and 7 of the Fair Labor Standards 

4 Act of 1938 (29 U.S.C. 206 and 207). 

5 (B) CIVIL ACTION.—The Secretary of 

6 Labor may bring an action in any court of com7 petent jurisdiction to recover the damages de8 scribed in paragraph (1)(A)(i). 

9 (C) SUMS RECOVERED.—Any sums recov10 ered by the Secretary of Labor pursuant to sub11 paragraph (B) shall be held in a special deposit 

12 account and shall be paid, on order of the Sec13 retary, directly to each individual affected. Any 

14 such sums not paid to such an individual be15 cause of inability to do so within a period of 

16 three years shall be deposited into the Treasury 

17 of the United States as miscellaneous receipts. 

18 (3) LIMITATION.— 

19 (A) IN GENERAL.—Except as provided in 

20 subparagraph (B), an action may be brought 

21 under this subsection not later than two years 

22 after the date of the last event constituting the 

23 alleged violation for which the action is brought. 

24 (B) WILLFUL VIOLATION.—In the case of 

25 such action brought for a willful violation of 


pbinns on DSK79D2C42PROD with BILLS
39 

•S 627 IS

1 subsection (g), such action may be brought 

2 within three years after the date of the last 

3 event constituting the alleged violation for 

4 which such action is brought. 

5 (C) COMMENCEMENT.—In determining 

6 when an action is commenced by the Secretary 

7 of Labor under this subsection for the purposes 

8 of this paragraph, it shall be considered to be 

9 commenced on the date when the complaint is 

10 filed. 

11 (4) ACTION FOR INJUNCTION BY SECRETARY

12 OF LABOR.—The district courts of the United States 

13 shall have jurisdiction, for cause shown, in an action 

14 brought by the Secretary of Labor— 

15 (A) to restrain violations of subsection (g), 

16 including the restraint of any withholding of 

17 payment of wages, salary, employment benefits, 

18 or other compensation, plus interest, found by 

19 the court to be due to affected individuals; or 

20 (B) to award such other equitable relief as 

21 may be appropriate, including employment, re22 instatement, and promotion. 

23 (5) SOLICITOR OF LABOR.—The Solicitor of 

24 Labor may appear for and represent the Secretary 


pbinns on DSK79D2C42PROD with BILLS
40 

•S 627 IS

1 of Labor on any litigation brought under this sub2 section. 

3 (6) EMPLOYER LIABILITY UNDER OTHER

4 LAWS.—Nothing in this section shall be construed to 

5 limit the liability of an employer or public agency to 

6 an individual, for harm suffered relating to the indi7 vidual’s experience of domestic violence, dating vio8 lence, sexual assault, or stalking, pursuant to any 

9 other Federal or State law, including a law providing 

10 for a legal remedy. 

11 (7) LIBRARY OF CONGRESS.—Notwithstanding 

12 any other provision of this subsection, in the case of 

13 the Library of Congress, the authority of the Sec14 retary of Labor under this subsection shall be exer15 cised by the Librarian of Congress. 

16 (8) CERTAIN PUBLIC AGENCY EMPLOYERS.— 

17 (A) AGENCIES.—Notwithstanding any 

18 other provision of this subsection, in the case of 

19 a public agency that employs individuals as de20 scribed in subparagraph (A) or (B) of section 

21 3(e)(2) of the Fair Labor Standards Act of 

22 1938 (29 U.S.C. 203(e)(2)) (other than an en23 tity of the legislative branch of the Federal 

24 Government), subparagraph (B) shall apply. 


pbinns on DSK79D2C42PROD with BILLS
41 

•S 627 IS

1 (B) AUTHORITY.—In the case described in 

2 subparagraph (A), the powers, remedies, and 

3 procedures provided in the case of a violation of 

4 chapter 63 of title 5, United States Code, in 

5 that title to an employing agency, in chapter 12 

6 of that title to the Merit Systems Protection 

7 Board, or in that title to any person alleging a 

8 violation of chapter 63 of that title, shall be the 

9 powers, remedies, and procedures this sub10 section provides in the case of a violation of 

11 subsection (g) to that agency, that Board, or 

12 any person alleging a violation of subsection 

13 (g), concerning an employee who is an indi14 vidual described in subparagraph (A). 

15 (9) PUBLIC AGENCIES PROVIDING PUBLIC AS16 SISTANCE.—Consistent with regulations prescribed 

17 under section 206(d), the President shall ensure that 

18 any public agency that violates subsection (g)(3), or 

19 subsection (g)(2) by discriminating as described in 

20 subsection (g)(3), shall provide to any individual who 

21 receives a less favorable amount, term, or condition 

22 of public assistance as a result of the violation— 

23 (A)(i) the amount of any public assistance 

24 denied or lost to such individual by reason of 

25 the violation; and 


pbinns on DSK79D2C42PROD with BILLS
42 

•S 627 IS

1 (ii) the interest on the amount described in 

2 clause (i), calculated at the prevailing rate; and 

3 (B) such equitable relief as may be appro4 priate. 

5 SEC. 203. EXISTING LEAVE USABLE FOR ADDRESSING DO6 MESTIC VIOLENCE, DATING VIOLENCE, SEX7 UAL ASSAULT, OR STALKING. 

8 An employee who is entitled to take paid or unpaid 

9 leave (including family, medical, sick, annual, personal, or 

10 similar leave) from employment, pursuant to State or local 

11 law, a collective bargaining agreement, or an employment 

12 benefits program or plan, may elect to substitute any pe13 riod of such leave for an equivalent period of leave pro14 vided under section 202. 

15 SEC. 204. EMERGENCY BENEFITS. 

16 (a) IN GENERAL.—A State may use funds provided 

17 to the State under part A of title IV of the Social Security 

18 Act (42 U.S.C. 601 et seq.) to provide nonrecurrent short19 term emergency benefits to an individual for any period 

20 of leave the individual takes pursuant to section 202 of 

21 this Act. 

22 (b) ELIGIBILITY.— 

23 (1) IN GENERAL.—An individual who is eligible 

24 for assistance under the State program funded 

25 under that part and for leave under section 202 


pbinns on DSK79D2C42PROD with BILLS
43 

•S 627 IS

1 shall be eligible for such emergency benefits, except 

2 as provided in paragraph (2). 

3 (2) CALCULATION.—In calculating eligibility for 

4 such emergency benefits, the State shall count only 

5 the cash available or accessible to the individual. 

6 (c) TIMING.— 

7 (1) APPLICATIONS.—An individual seeking 

8 emergency benefits under subsection (a) from a 

9 State shall submit an application to the State. 

10 (2) BENEFITS.—The State shall provide bene11 fits to an eligible applicant under paragraph (1) on 

12 an expedited basis, and not later than seven days 

13 after the applicant submits an application under 

14 paragraph (1). 

15 SEC. 205. RULE OF CONSTRUCTION. 

16 (a) MORE PROTECTIVE LAWS, AGREEMENTS, PRO17 GRAMS, AND PLANS.—Nothing in this title shall be con18 strued to supersede any provision of any Federal, State, 

19 or local law, collective bargaining agreement, or employ20 ment benefits program or plan that provides— 

21 (1) greater leave rights for survivors of domes22 tic violence, dating violence, sexual assault, or stalk23 ing than the rights established under this Act; or 

24 (2) leave benefits for a larger population of sur25 vivors of domestic violence, dating violence, sexual 


pbinns on DSK79D2C42PROD with BILLS
44 

•S 627 IS

1 assault, or stalking (as defined in such law, agree2 ment, program, or plan) than the survivors of do3 mestic violence, dating violence, sexual assault, or 

4 stalking covered under this Act. 

5 (b) LESS PROTECTIVE LAWS, AGREEMENTS, PRO6 GRAMS, AND PLANS.—The rights established for survivors 

7 of domestic violence, dating violence, sexual assault, or 

8 stalking under this Act shall not be diminished by any 

9 State or local law, collective bargaining agreement, or em10 ployment benefits program or plan. 

11 SEC. 206. REGULATIONS. 

12 (a) IN GENERAL.— 

13 (1) AUTHORITY TO ISSUE REGULATIONS.—Ex14 cept as provided in subsections (b), (c), and (d), the 

15 Secretary of Labor shall issue regulations to carry 

16 out this title. 

17 (2) REGULATIONS REGARDING NOTICES.—The 

18 regulations described in paragraph (1) shall include 

19 regulations requiring every employer to post and 

20 keep posted, in conspicuous places on the premises 

21 of the employer where notices to employees are cus22 tomarily placed, a notice, to be prepared or approved 

23 by the Secretary of Labor, summarizing the provi24 sions of this title and providing information on pro25 cedures for filing complaints. The Secretary of 


pbinns on DSK79D2C42PROD with BILLS
45 

•S 627 IS

1 Labor shall develop such a notice and provide copies 

2 to employers upon request without charge. 

3 (b) LIBRARY OF CONGRESS.—The Librarian of Con4 gress shall prescribe the regulations described in sub5 section (a) with respect to employees of the Library of 

6 Congress. The regulations prescribed under this sub7 section shall, to the extent appropriate, be consistent with 

8 the regulations prescribed by the Secretary of Labor under 

9 subsection (a). 

10 (c) CERTAIN PUBLIC AGENCY EMPLOYERS.—The Of11 fice of Personnel Management shall prescribe the regula12 tions described in subsection (a) with respect to individ13 uals described in subparagraph (A) or (B) of section 

14 3(e)(2) of the Fair Labor Standards Act of 1938 (29 

15 U.S.C. 203(e)(2)) (other than an individual employed by 

16 an entity of the legislative branch of the Federal Govern17 ment). The regulations prescribed under this subsection 

18 shall, to the extent appropriate, be consistent with the reg19 ulations prescribed by the Secretary of Labor under sub20 section (a). 

21 (d) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST22 ANCE.—The President shall prescribe the regulations de23 scribed in subsection (a) with respect to applicants for and 

24 recipients of public assistance, in the case of violations of 

25 section 202(g)(3), or section 202(g)(2) due to discriminaVerDate Sep 11 2014 00:58 Mar 16, 2019 Jkt 089200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S627.IS S627

pbinns on DSK79D2C42PROD with BILLS
46 

•S 627 IS

1 tion described in section 202(g)(3). The regulations pre2 scribed under this subsection shall, to the extent appro3 priate, be consistent with the regulations prescribed by the 

4 Secretary of Labor under subsection (a). 

5 TITLE III—SURVIVORS’ 

6 EMPLOYMENT SUSTAINABILITY 

7 SEC. 301. SHORT TITLE. 

8 This title may be cited as the ‘‘Survivors’ Employ9 ment Sustainability Act’’. 

10 SEC. 302. PROHIBITED DISCRIMINATORY ACTS. 

11 (a) IN GENERAL.—It shall be unlawful for an em12 ployer to fail or refuse to hire or discharge any individual, 

13 or otherwise discriminate (including harassment or retalia14 tion in any form or manner) against any individual with 

15 respect to the compensation, terms, conditions, or privi16 leges of employment of the individual, and it shall be un17 lawful for a public agency to deny, reduce, or terminate 

18 the benefits of, or otherwise sanction any individual, or 

19 otherwise discriminate (including harassment or retalia20 tion in any form or manner) against any individual with 

21 respect to the amount, terms, or conditions of public as22 sistance of the individual, because— 

23 (1) the individual involved is or the employer or 

24 public agency involved perceives that individual to be 

25 a survivor of domestic violence, dating violence, sexVerDate Sep 11 2014 00:58 Mar 16, 2019 Jkt 089200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S627.IS S627

pbinns on DSK79D2C42PROD with BILLS
47 

•S 627 IS

1 ual assault, or stalking, or a survivor of communica2 tion of an intimate image of the individual; 

3 (2) that individual attended, participated in, 

4 prepared for, or requested leave to attend, partici5 pate in, or prepare for, a criminal or civil court pro6 ceeding relating to an incident that caused the indi7 vidual to be a survivor of domestic violence, dating 

8 violence, sexual assault, or stalking, or a survivor of 

9 communication of an intimate image of the indi10 vidual; 

11 (3) that individual, in response to actual or 

12 threatened domestic violence, dating violence, sexual 

13 assault, or stalking, or actual or threatened commu14 nication of an intimate image of the individual, re15 quested that the employer or public agency imple16 ment a reasonable safety procedure or a job-related 

17 modification to enhance the security of that indi18 vidual or safeguard the workplace involved; or 

19 (4) the workplace is disrupted or threatened by 

20 the action of a person whom that individual states 

21 has committed or threatened to commit an act that 

22 caused or would cause the individual to be a survivor 

23 of domestic violence, dating violence, sexual assault, 

24 or stalking, or a survivor of communication of an in25 timate image of the individual. 


pbinns on DSK79D2C42PROD with BILLS
48 

•S 627 IS

1 (b) DEFINITIONS.—In this section: 

2 (1) COMMUNICATION OF AN INTIMATE

3 IMAGE.—The term ‘‘communication of an intimate 

4 image’’, used with respect to an individual, includes 

5 a transmission, dissemination, or receipt through 

6 electronic or other communication containing at 

7 least one intimate image of the individual that ap8 pears to have been transmitted or disseminated by 

9 a person who— 

10 (A) obtained the image under cir11 cumstances in which a reasonable person would 

12 know or understand that the image was to re13 main private; 

14 (B) knows or should have known that the 

15 depicted individual has not consented to the dis16 closure of the image; and 

17 (C) knows or reasonably should know that 

18 the disclosure would cause harm to the depicted 

19 individual. 

20 (2) DISCRIMINATE.—The term ‘‘discriminate’’, 

21 used with respect to the terms, conditions, or privi22 leges of employment or with respect to the terms or 

23 conditions of public assistance, includes failing to 

24 implement, on request from an individual, in re25 sponse to actual or threatened domestic violence, 


pbinns on DSK79D2C42PROD with BILLS
49 

•S 627 IS

1 dating violence, sexual assault, or stalking, or actual 

2 or threatened communication of an intimate image 

3 of the individual, a reasonable safety procedure or a 

4 job-related modification to enhance the security of 

5 that individual or safeguard the workplace involved 

6 (such as installation of a lock, change of a telephone 

7 number or seating assignment, provision of a trans8 fer, provision of leave, modification of a schedule, or 

9 adjustment of a work requirement), unless the em10 ployer or public agency can demonstrate that grant11 ing the request would impose an undue hardship on 

12 the operation of the employer or public agency. 

13 (3) DOMESTIC VIOLENCE; DATING VIOLENCE; 

14 SEXUAL ASSAULT; STALKING.—The terms ‘‘domestic 

15 violence’’, ‘‘dating violence’’, ‘‘sexual assault’’, and 

16 ‘‘stalking’’ have the meanings given the terms in sec17 tion 40002 of the Violence Against Women Act of 

18 1994 (34 U.S.C. 12291). 

19 (4) INTIMATE IMAGE.—The term ‘‘intimate 

20 image’’ means any photograph, motion picture film, 

21 videotape, digital image, image from social media, or 

22 any other recording or other image of an individual 

23 (other than the person taking the image) who is 

24 identifiable from the image itself or from informaVerDate Sep 11 2014 00:58 Mar 16, 2019 Jkt 089200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S627.IS S627

pbinns on DSK79D2C42PROD with BILLS
50 

•S 627 IS

1 tion displayed with or otherwise connected to the 

2 image, that— 

3 (A) was taken in a private setting; 

4 (B) does not depict a matter of public con5 cern; and 

6 (C) depicts— 

7 (i) sexual activity, including sexual 

8 intercourse or masturbation; or 

9 (ii) a person’s intimate body parts, 

10 whether nude or visible through less than 

11 opaque clothing. 

12 (5) SAFE LEAVE TERMS.—The terms ‘‘employ’’, 

13 ‘‘employee’’, ‘‘employer’’, ‘‘employment benefits’’, 

14 ‘‘person’’, ‘‘public agency’’, ‘‘public assistance’’, 

15 ‘‘State’’, and ‘‘survivor of domestic violence, dating 

16 violence, sexual assault, or stalking’’ have the mean17 ings given the terms in section 201. 

18 (6) UNDUE HARDSHIP.—The term ‘‘undue 

19 hardship’’ means an action requiring significant dif20 ficulty or expense. 

21 SEC. 303. ENFORCEMENT. 

22 (a) CIVIL ACTION BY INDIVIDUALS.— 

23 (1) LIABILITY.—Any employer that violates sec24 tion 302 shall be liable to any individual affected 

25 for— 


pbinns on DSK79D2C42PROD with BILLS
51 

•S 627 IS

1 (A) damages equal to the amount of any 

2 wages, salary, employment benefits, or other 

3 compensation denied or lost to such individual 

4 by reason of the violation, and the interest on 

5 that amount calculated at the prevailing rate; 

6 (B) compensatory damages, including dam7 ages for future pecuniary losses, emotional 

8 pain, suffering, inconvenience, mental anguish, 

9 loss of enjoyment or life, and other nonpecu10 niary losses; 

11 (C) such punitive damages, up to three 

12 times the amount of actual damages sustained, 

13 as the court described in paragraph (2) shall 

14 determine to be appropriate; and 

15 (D) such equitable relief as may be appro16 priate, including employment, reinstatement, 

17 and promotion. 

18 (2) RIGHT OF ACTION.—An action to recover 

19 the damages or equitable relief prescribed in para20 graph (1) may be maintained against any employer 

21 in any Federal or State court of competent jurisdic22 tion by any one or more affected individuals de23 scribed in section 302. 

24 (b) ACTION BY SECRETARY OF LABOR.—The Sec25 retary of Labor may bring a civil action in any Federal 


pbinns on DSK79D2C42PROD with BILLS
52 

•S 627 IS

1 or State court of competent jurisdiction to recover the 

2 damages or equitable relief described in subsection (a)(1). 

3 (c) LIBRARY OF CONGRESS.—Notwithstanding any 

4 other provision of this section, in the case of the Library 

5 of Congress, the authority of the Secretary of Labor under 

6 this section shall be exercised by the Librarian of Con7 gress. 

8 (d) CERTAIN PUBLIC AGENCY EMPLOYERS.— 

9 (1) AGENCIES.—Notwithstanding any other 

10 provision of this section, in the case of a public 

11 agency that employs individuals as described in sub12 paragraph (A) or (B) of section 3(e)(2) of the Fair 

13 Labor Standards Act of 1938 (29 U.S.C. 203(e)(2)) 

14 (other than an entity of the legislative branch of the 

15 Federal Government), paragraph (2) shall apply. 

16 (2) AUTHORITY.—In the case described in 

17 paragraph (1), the powers, remedies, and procedures 

18 provided (in the case of a violation of section 

19 2302(b)(1)(A) of title 5, United States Code) in title 

20 5, United States Code, to an employing agency, the 

21 Office of Special Counsel, the Merit Systems Protec22 tion Board, or any person alleging a violation of 

23 such section 2302(b)(1)(A), shall be the powers, 

24 remedies, and procedures this section provides in the 

25 case of a violation of section 302 to that agency, 


pbinns on DSK79D2C42PROD with BILLS
53 

•S 627 IS

1 that Office, that Board, or any person alleging a vio2 lation of section 302, respectively, concerning an em3 ployee who is an individual described in paragraph 

4 (1). 

5 (e) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST6 ANCE.—Consistent with regulations prescribed under sec7 tion 304(d), the President shall ensure that any public 

8 agency that violates section 302(a) by taking an action 

9 prohibited under section 302(a) with respect to the 

10 amount, terms, or conditions of public assistance, shall 

11 provide to any individual who receives a less favorable 

12 amount, term, or condition of public assistance as a result 

13 of the violation— 

14 (1)(A) the amount of any public assistance de15 nied or lost to such individual by reason of the viola16 tion; and 

17 (B) the interest on the amount described in 

18 subparagraph (A), calculated at the prevailing rate; 

19 and 

20 (2) such equitable relief as may be appropriate. 

21 SEC. 304. REGULATIONS. 

22 (a) IN GENERAL.—Except as provided in subsections 

23 (b), (c), and (d), the Secretary of Labor shall issue regula24 tions to carry out this title. 


pbinns on DSK79D2C42PROD with BILLS
54 

•S 627 IS

1 (b) LIBRARY OF CONGRESS.—The Librarian of Con2 gress shall prescribe the regulations described in sub3 section (a) with respect to employees of the Library of 

4 Congress. The regulations prescribed under this sub5 section shall, to the extent appropriate, be consistent with 

6 the regulations prescribed by the Secretary of Labor under 

7 subsection (a). 

8 (c) CERTAIN PUBLIC AGENCY EMPLOYERS.—The Of9 fice of Personnel Management, after consultation with the 

10 Office of Special Counsel and the Merit Systems Protec11 tion Board, shall prescribe the regulations described in 

12 subsection (a) with respect to individuals described in sub13 paragraph (A) or (B) of section 3(e)(2) of the Fair Labor 

14 Standards Act of 1938 (29 U.S.C. 203(e)(2)) (other than 

15 an individual employed by an entity of the legislative 

16 branch of the Federal Government). The regulations pre17 scribed under this subsection shall, to the extent appro18 priate, be consistent with the regulations prescribed by the 

19 Secretary of Labor under subsection (a). 

20 (d) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST21 ANCE.—The President shall prescribe the regulations de22 scribed in subsection (a) with respect to applicants for and 

23 recipients of public assistance, in the case of violations of 

24 section 302(a) by a public agency due to taking an action 

25 prohibited under section 302(a) with respect to the 


pbinns on DSK79D2C42PROD with BILLS
55 

•S 627 IS

1 amount, terms, or conditions of public assistance. The reg2 ulations prescribed under this subsection shall, to the ex3 tent appropriate, be consistent with the regulations pre4 scribed by the Secretary of Labor under subsection (a). 

5 SEC. 305. ATTORNEY’S FEES. 

6 Section 722(b) of the Revised Statutes (42 U.S.C. 

7 1988(b)) is amended by inserting ‘‘the Survivors’ Employ8 ment Sustainability Act,’’ after ‘‘title VI of the Civil 

9 Rights Act of 1964,’’. 

10 TITLE IV—ENTITLEMENT TO UN11 EMPLOYMENT COMPENSA12 TION FOR SURVIVORS OF DO13 MESTIC VIOLENCE, DATING 

14 VIOLENCE, SEXUAL ASSAULT, 

15 OR STALKING 

16 SEC. 401. UNEMPLOYMENT COMPENSATION AND TRAINING 

17 PROVISIONS. 

18 (a) UNEMPLOYMENT COMPENSATION.—Section 3304 

19 of the Internal Revenue Code of 1986 (relating to approval 

20 of State unemployment compensation laws) is amended— 

21 (1) in subsection (a)— 

22 (A) in paragraph (18), by striking ‘‘and’’ 

23 at the end; 

24 (B) by redesignating paragraph (19) as 

25 paragraph (20); and 


pbinns on DSK79D2C42PROD with BILLS
56 

•S 627 IS

1 (C) by inserting after paragraph (18) the 

2 following new paragraph: 

3 ‘‘(19) compensation shall not be denied where 

4 an individual is separated from employment due to 

5 circumstances resulting from the individual being a 

6 survivor of domestic violence, dating violence, sexual 

7 assault, or stalking, nor shall States impose addi8 tional conditions that restrict the individual’s eligi9 bility for or receipt of benefits beyond those required 

10 of other individuals who are forced to leave their 

11 jobs or are deemed to have good cause for volun12 tarily separating from a job in the State; and’’; and 

13 (2) by adding at the end the following new sub14 section: 

15 ‘‘(g) CONSTRUCTION.—For purposes of subsection 

16 (a)(19)— 

17 ‘‘(1) DOCUMENTATION.—In determining eligi18 bility for compensation due to circumstances result19 ing from an individual being a survivor of domestic 

20 violence, dating violence, sexual assault, or stalk21 ing— 

22 ‘‘(A) States shall adopt, or have adopted, 

23 by statute, regulation, or policy a list of forms 

24 of documentation that may be presented to 

25 demonstrate eligibility; and 


pbinns on DSK79D2C42PROD with BILLS
57 

•S 627 IS

1 ‘‘(B) presentation of any one of such forms 

2 of documentation shall be sufficient to dem3 onstrate eligibility, except that a State may re4 quire the presentation of a form of identifica5 tion in addition to the sworn statement of appli6 cant described in paragraph (2)(A). 

7 ‘‘(2) LIST OF FORMS OF DOCUMENTATION.— 

8 The list referred to in paragraph (1)(A) shall, at a 

9 minimum, include the following forms of documenta10 tion: 

11 ‘‘(A) A sworn statement of the applicant. 

12 ‘‘(B) A police or court record concerning 

13 the applicant. 

14 ‘‘(C) Documentation from an employee or 

15 volunteer working for a survivor services organi16 zation, an attorney, a police officer, a medical 

17 professional, a social worker, an antiviolence 

18 counselor, a member of the clergy, or another 

19 professional, affirming that the applicant is a 

20 survivor of domestic violence, dating violence, 

21 sexual assault, or stalking. 

22 ‘‘(3) DEFINITIONS.—The terms ‘domestic vio23 lence’, ‘dating violence’, ‘sexual assault’, ‘stalking’, 

24 ‘survivor of domestic violence, dating violence, sexual 

25 assault, or stalking’, and ‘survivor services organizaVerDate Sep 11 2014 00:58 Mar 16, 2019 Jkt 089200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S627.IS S627

pbinns on DSK79D2C42PROD with BILLS
58 

•S 627 IS

1 tion’ have the meanings given such terms in section 

2 201 of the Security And Financial Empowerment 

3 Act of 2019.’’. 

4 (b) UNEMPLOYMENT COMPENSATION PERSONNEL

5 TRAINING.—Section 303(a) of the Social Security Act (42 

6 U.S.C. 503(a)) is amended— 

7 (1) by redesignating paragraphs (4) through 

8 (12) as paragraphs (5) through (13), respectively; 

9 and 

10 (2) by inserting after paragraph (3) the fol11 lowing new paragraph: 

12 ‘‘(4) Such methods of administration as will en13 sure that— 

14 ‘‘(A) applicants for unemployment com15 pensation and individuals inquiring about such 

16 compensation are adequately notified of the 

17 provisions of subsections (a)(19) and (g) of sec18 tion 3304 of the Internal Revenue Code of 1986 

19 (relating to the availability of unemployment 

20 compensation for survivors of domestic violence, 

21 dating violence, sexual assault, or stalking); and 

22 ‘‘(B) claims reviewers and hearing per23 sonnel are adequately trained in— 

24 ‘‘(i) the nature and dynamics of do25 mestic violence, dating violence, sexual asVerDate Sep 11 2014 00:58 Mar 16, 2019 Jkt 089200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S627.IS S627

pbinns on DSK79D2C42PROD with BILLS
59 

•S 627 IS

1 sault, or stalking (as such terms are de2 fined in section 201 of the Security And 

3 Financial Empowerment Act of 2019); and 

4 ‘‘(ii) methods of ascertaining and 

5 keeping confidential information about pos6 sible experiences of domestic violence, dat7 ing violence, sexual assault, or stalking (as 

8 so defined) to ensure that— 

9 ‘‘(I) requests for unemployment 

10 compensation based on separations 

11 stemming from domestic violence, dat12 ing violence, sexual assault, or stalk13 ing (as so defined) are reliably 

14 screened, identified, and adjudicated; 

15 and 

16 ‘‘(II) full confidentiality is pro17 vided for the individual’s claim and 

18 submitted evidence; and’’. 

19 (c) TANF PERSONNEL TRAINING.—Section 402(a) 

20 of the Social Security Act (42 U.S.C. 602(a)) is amended 

21 by adding at the end the following new paragraph: 

22 ‘‘(8) CERTIFICATION THAT THE STATE WILL

23 PROVIDE INFORMATION TO SURVIVORS OF DOMESTIC

24 VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR

25 STALKING.—A certification by the chief officer of 


pbinns on DSK79D2C42PROD with BILLS
60 

•S 627 IS

1 the State that the State has established and is en2 forcing standards and procedures to— 

3 ‘‘(A) ensure that applicants for assistance 

4 under the program and individuals inquiring 

5 about such assistance are adequately notified 

6 of— 

7 ‘‘(i) the provisions of subsections 

8 (a)(19) and (g) of section 3304 of the In9 ternal Revenue Code of 1986 (relating to 

10 the availability of unemployment com11 pensation for survivors of domestic vio12 lence, dating violence, sexual assault, or 

13 stalking); and 

14 ‘‘(ii) assistance made available by the 

15 State to survivors of domestic violence, 

16 dating violence, sexual assault, or stalking 

17 (as defined in section 201 of the Security 

18 And Financial Empowerment Act of 

19 2019); 

20 ‘‘(B) ensure that case workers and other 

21 agency personnel responsible for administering 

22 the State program funded under this part are 

23 adequately trained in— 

24 ‘‘(i) the nature and dynamics of do25 mestic violence, dating violence, sexual asVerDate Sep 11 2014 00:58 Mar 16, 2019 Jkt 089200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S627.IS S627

pbinns on DSK79D2C42PROD with BILLS
61 

•S 627 IS

1 sault, or stalking (as such terms are de2 fined in section 201 of the Security And 

3 Financial Empowerment Act of 2019); 

4 ‘‘(ii) State standards and procedures 

5 relating to the prevention of, and assist6 ance for individuals who are survivors of, 

7 domestic violence, dating violence, sexual 

8 assault, or stalking (as so defined); and 

9 ‘‘(iii) methods of ascertaining and 

10 keeping confidential information about pos11 sible experiences of domestic violence, dat12 ing violence, sexual assault, or stalking (as 

13 so defined); 

14 ‘‘(C) if a State has elected to establish and 

15 enforce standards and procedures regarding the 

16 screening for, and identification of, domestic vi17 olence pursuant to paragraph (7), ensure 

18 that— 

19 ‘‘(i) applicants for assistance under 

20 the program and individuals inquiring 

21 about such assistance are adequately noti22 fied of options available under such stand23 ards and procedures; and 

24 ‘‘(ii) case workers and other agency 

25 personnel responsible for administering the 


pbinns on DSK79D2C42PROD with BILLS
62 

•S 627 IS

1 State program funded under this part are 

2 provided with adequate training regarding 

3 such standards and procedures and options 

4 available under such standards and proce5 dures; and 

6 ‘‘(D) ensure that the training required 

7 under subparagraphs (B) and, if applicable, 

8 (C)(ii) is provided through a training program 

9 operated by an eligible entity (as defined in sec10 tion 401(d)(2) of the Security And Financial 

11 Empowerment Act of 2019).’’. 

12 (d) DOMESTIC VIOLENCE, DATING VIOLENCE, SEX13 UAL ASSAULT, OR STALKING TRAINING GRANT PRO14 GRAM.— 

15 (1) GRANTS AUTHORIZED.—The Secretary of 

16 Labor (in this subsection referred to as the ‘‘Sec17 retary’’) is authorized to award— 

18 (A) a grant to a national survivor services 

19 organization in order for such organization to— 

20 (i) develop and disseminate a model 

21 training program (and related materials) 

22 for the training required under section 

23 303(a)(4)(B) of the Social Security Act, as 

24 added by subsection (b), and under sub25 paragraphs (B) and, if applicable, (C)(ii) 


pbinns on DSK79D2C42PROD with BILLS
63 

•S 627 IS

1 of section 402(a)(8) of such Act, as added 

2 by subsection (c); and 

3 (ii) provide technical assistance with 

4 respect to such model training program; 

5 and 

6 (B) grants to State, tribal, or local agen7 cies in order for such agencies to contract with 

8 eligible entities to provide State, tribal, or local 

9 case workers and other State, tribal, or local 

10 agency personnel responsible for administering 

11 the temporary assistance to needy families pro12 gram established under part A of title IV of the 

13 Social Security Act in a State or Indian res14 ervation with the training required under sub15 paragraphs (B) and, if applicable, (C)(ii) of 

16 such section 402(a)(8). 

17 (2) ELIGIBLE ENTITY DEFINED.—For purposes 

18 of paragraph (1)(B), the term ‘‘eligible entity’’ 

19 means an entity— 

20 (A) that is— 

21 (i) a State or tribal domestic violence 

22 coalition or sexual assault coalition; 

23 (ii) a State or local survivor services 

24 organization with recognized expertise in 

25 the dynamics of domestic violence, dating 


pbinns on DSK79D2C42PROD with BILLS
64 

•S 627 IS

1 violence, sexual assault, or stalking whose 

2 primary mission is to provide services to 

3 survivors of domestic violence, dating vio4 lence, sexual assault, or stalking, such as 

5 a rape crisis center or domestic violence 

6 program; or 

7 (iii) an organization with dem8 onstrated expertise in State or county wel9 fare laws and implementation of such laws 

10 and experience with disseminating informa11 tion on such laws and implementation, but 

12 only if such organization will provide the 

13 required training in partnership with an 

14 entity described in clause (i) or (ii); and 

15 (B) that— 

16 (i) has demonstrated expertise in the 

17 dynamics of both domestic violence and 

18 sexual assault, such as a joint domestic vi19 olence and sexual assault coalition; or 

20 (ii) will provide the required training 

21 in partnership with an entity described in 

22 clause (i) or (ii) of subparagraph (A) in 

23 order to comply with the dual domestic vio24 lence and sexual assault expertise require25 ment under clause (i). 


pbinns on DSK79D2C42PROD with BILLS
65 

•S 627 IS

1 (3) APPLICATION.—An entity seeking a grant 

2 under this subsection shall submit an application to 

3 the Secretary at such time, in such form and man4 ner, and containing such information as the Sec5 retary specifies. 

6 (4) REPORTS.— 

7 (A) REPORTS TO CONGRESS.—The Sec8 retary shall annually submit a report to Con9 gress on the grant program established under 

10 this subsection. 

11 (B) REPORTS AVAILABLE TO PUBLIC.— 

12 The Secretary shall establish procedures for the 

13 dissemination to the public of each report sub14 mitted under subparagraph (A). Such proce15 dures shall include the use of the Internet to 

16 disseminate such reports. 

17 (5) AUTHORIZATION OF APPROPRIATIONS.— 

18 (A) AUTHORIZATION.—There are author19 ized to be appropriated— 

20 (i) $1,000,000 for fiscal year 2020 to 

21 carry out the provisions of paragraph 

22 (1)(A); and 

23 (ii) $12,000,000 for each of fiscal 

24 years 2021 through 2024 to carry out the 

25 provisions of paragraph (1)(B). 


pbinns on DSK79D2C42PROD with BILLS
66 

•S 627 IS

1 (B) THREE-YEAR AVAILABILITY OF GRANT

2 FUNDS.—Each recipient of a grant under this 

3 subsection shall return to the Secretary any un4 used portion of such grant not later than 3 

5 years after the date the grant was awarded, to6 gether with any earnings on such unused por7 tion. 

8 (C) AMOUNTS RETURNED.—Any amounts 

9 returned pursuant to subparagraph (B) shall be 

10 available without further appropriation to the 

11 Secretary for the purpose of carrying out the 

12 provisions of paragraph (1)(B). 

13 (e) EFFECT ON EXISTING LAWS, ETC.— 

14 (1) MORE PROTECTIVE LAWS, AGREEMENTS, 

15 PROGRAMS, AND PLANS.—Nothing in this title shall 

16 be construed to supersede any provision of any Fed17 eral, State, or local law, collective bargaining agree18 ment, or employment benefits program or plan that 

19 provides greater unemployment insurance benefits 

20 for survivors of domestic violence, dating violence, 

21 sexual assault, or stalking than the rights estab22 lished under this title. 

23 (2) LESS PROTECTIVE LAWS, AGREEMENTS, 

24 PROGRAMS, AND PLANS.—The rights established for 

25 survivors of domestic violence, dating violence, sexVerDate Sep 11 2014 00:58 Mar 16, 2019 Jkt 089200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\S627.IS S627

pbinns on DSK79D2C42PROD with BILLS
67 

•S 627 IS

1 ual assault, or stalking under this title shall not be 

2 diminished by any more restrictive State or local 

3 law, collective bargaining agreement, or employment 

4 benefits program or plan. 

5 (f) EFFECTIVE DATE.— 

6 (1) UNEMPLOYMENT AMENDMENTS.— 

7 (A) IN GENERAL.—Except as provided in 

8 subparagraph (B) and paragraph (2), the 

9 amendments made by this section shall apply in 

10 the case of compensation paid for weeks begin11 ning on or after the expiration of 180 days 

12 from the date of enactment of this Act. 

13 (B) EXTENSION OF EFFECTIVE DATE FOR

14 STATE LAW AMENDMENT.— 

15 (i) IN GENERAL.—If the Secretary of 

16 Labor identifies a State as requiring a 

17 change to its statutes, regulations, or poli18 cies in order to comply with the amend19 ments made by this section (excluding the 

20 amendment made by subsection (c)), such 

21 amendments shall apply in the case of 

22 compensation paid for weeks beginning 

23 after the earlier of— 

24 (I) the date the State changes its 

25 statutes, regulations, or policies in 


pbinns on DSK79D2C42PROD with BILLS
68 

•S 627 IS

1 order to comply with such amend2 ments; or 

3 (II) the end of the first session of 

4 the State legislature which begins 

5 after the date of enactment of this 

6 Act or which began prior to such date 

7 and remained in session for at least 

8 25 calendar days after such date, 

9 except that in no case shall such amend10 ments apply before the date that is 180 

11 days after the date of enactment of this 

12 Act. 

13 (ii) SESSION DEFINED.—In this sub14 paragraph, the term ‘‘session’’ means a 

15 regular, special, budget, or other session of 

16 a State legislature. 

17 (2) TANF AMENDMENT.— 

18 (A) IN GENERAL.—Except as provided in 

19 subparagraph (B), the amendment made by 

20 subsection (c) shall take effect on the date of 

21 enactment of this Act. 

22 (B) EXTENSION OF EFFECTIVE DATE FOR

23 STATE LAW AMENDMENT.—In the case of a 

24 State plan under part A of title IV of the Social 

25 Security Act which the Secretary of Health and 


pbinns on DSK79D2C42PROD with BILLS
69 

•S 627 IS

1 Human Services determines requires State ac2 tion (including legislation, regulation, or other 

3 administrative action) in order for the plan to 

4 meet the additional requirements imposed by 

5 the amendment made by subsection (c), the 

6 State plan shall not be regarded as failing to 

7 comply with the requirements of such amend8 ment on the basis of its failure to meet these 

9 additional requirements before the first day of 

10 the first calendar quarter beginning after the 

11 close of the first regular session of the State 

12 legislature that begins after the date of enact13 ment of this Act. For purposes of the previous 

14 sentence, in the case of a State that has a two15 year legislative session, each year of the session 

16 is considered to be a separate regular session of 

17 the State legislature. 

18 (g) DEFINITIONS.—In this section, the terms ‘‘do19 mestic violence’’, ‘‘dating violence’’, ‘‘sexual assault’’, 

20 ‘‘stalking’’, ‘‘survivor of domestic violence, dating violence, 

21 sexual assault, or stalking’’, and ‘‘survivor services organi22 zation’’ have the meanings given such terms in section 

23 201. 


pbinns on DSK79D2C42PROD with BILLS
70 

•S 627 IS

1 TITLE V—INSURANCE PROTEC2 TIONS AND SUPPORT FOR 

3 SURVIVORS OF DOMESTIC VI4 OLENCE, DATING VIOLENCE, 

5 SEXUAL ASSAULT, OR STALK6 ING 

7 Subtitle A—Insurance Protections 

8 SEC. 501. DEFINITIONS. 

9 In this title: 

10 (1) ABUSER.—The term ‘‘abuser’’ means the 

11 person who commits an act of domestic violence, 

12 dating violence, sexual assault, or stalking against a 

13 survivor of domestic violence, dating violence, sexual 

14 assault, or stalking. 

15 (2) DATING VIOLENCE; DOMESTIC VIOLENCE; 

16 SEXUAL ASSAULT; STALKING.—The terms ‘‘dating 

17 violence’’, ‘‘domestic violence’’, ‘‘sexual assault’’, and 

18 ‘‘stalking’’ have the meanings given such terms in 

19 section 201. 

20 (3) INSURED.—The term ‘‘insured’’ means a 

21 party named on a policy, certificate, or health ben22 efit plan, including an individual, a corporation, a 

23 partnership, an association, an unincorporated orga24 nization, or any similar entity, as the person with 

25 legal rights to the benefits provided by the policy, 


pbinns on DSK79D2C42PROD with BILLS
71 

•S 627 IS

1 certificate, or health benefit plan. For group insur2 ance, the term includes a person who is a beneficiary 

3 covered by a group policy, certificate, or health ben4 efit plan. For life insurance, the term refers to the 

5 person whose life is covered under an insurance pol6 icy. 

7 (4) INSURER.—The term ‘‘insurer’’ means any 

8 person, reciprocal exchange, inter insurer, Lloyds in9 surer, fraternal benefit society, or other legal entity 

10 engaged in the business of insurance, including 

11 agents, brokers, adjusters, and third-party adminis12 trators. The term includes employers who provide or 

13 make available employment benefits through an em14 ployee benefit plan, as defined in section 3(3) of the 

15 Employee Retirement Income Security Act of 1974 

16 (29 U.S.C. 1002(3)). The term also includes health 

17 insurance issuers, as defined by section 2791 of the 

18 Public Health Service Act (42 U.S.C. 300gg–91), 

19 health benefit plans, and life, disability, and prop20 erty and casualty insurers. 

21 (5) POLICY.—The term ‘‘policy’’ means a con22 tract of insurance, certificate, indemnity, suretyship, 

23 or annuity issued, proposed for issuance, or intended 

24 for issuance by an insurer, including endorsements 

25 or riders to an insurance policy or contract. 


pbinns on DSK79D2C42PROD with BILLS
72 

•S 627 IS

1 (6) SURVIVOR OF DOMESTIC VIOLENCE, DATING

2 VIOLENCE, SEXUAL ASSAULT, OR STALKING.—The 

3 term ‘‘survivor of domestic violence, dating violence, 

4 sexual assault, or stalking’’ has the meaning given 

5 such term in section 201. 

6 (7) SURVIVOR SERVICES ORGANIZATION.—The 

7 term ‘‘survivor services organization’’ has the mean8 ing given such term in section 201. 

9 SEC. 502. DISCRIMINATORY ACTS PROHIBITED. 

10 (a) IN GENERAL.—No insurer may, directly or indi11 rectly, engage in any of the following acts or practices on 

12 the basis that the applicant or insured, or any person em13 ployed by the applicant or insured or with whom the appli14 cant or insured is known to have a relationship or associa15 tion, is, has been, or may be a survivor of domestic vio16 lence, dating violence, sexual assault, or stalking or has 

17 incurred or may incur claims related to domestic violence, 

18 dating violence, sexual assault, or stalking: 

19 (1) Denying, refusing to issue, renew, or re20 issue, or canceling or otherwise terminating an in21 surance policy or health benefit plan. 

22 (2) Restricting, excluding, or limiting insurance 

23 coverage for losses or denying a claim, except as oth24 erwise permitted or required by State laws relating 

25 to life insurance beneficiaries. 


pbinns on DSK79D2C42PROD with BILLS
73 

•S 627 IS

1 (3) Adding a premium differential to any insur2 ance policy or health benefit plan. 

3 (b) PROHIBITION ON LIMITATION OF CLAIMS.—No 

4 insurer may, directly or indirectly, deny or limit payment 

5 to an insured who is a survivor of domestic violence, dat6 ing violence, sexual assault, or stalking if the claim for 

7 payment is a result of such violence, assault, or stalking. 

8 (c) PROHIBITION ON TERMINATION.— 

9 (1) IN GENERAL.—No insurer may terminate 

10 health coverage for a survivor of domestic violence, 

11 dating violence, sexual assault, or stalking because 

12 coverage was originally issued in the name of the 

13 abuser and the abuser has divorced, separated from, 

14 or lost custody of the survivor or the survivor’s cov15 erage has terminated voluntarily or involuntarily and 

16 the survivor does not qualify for an extension of cov17 erage under part 6 of subtitle B of title I of the Em18 ployee Retirement Income Security Act of 1974 (29 

19 U.S.C. 1161 et seq.) or section 4980B of the Inter20 nal Revenue Code of 1986. 

21 (2) PAYMENT OF PREMIUMS.—Nothing in para22 graph (1) shall be construed to prohibit the insurer 

23 from requiring that the survivor of domestic vio24 lence, dating violence, sexual assault, or stalking pay 

25 the full premium for the survivor’s coverage under 


pbinns on DSK79D2C42PROD with BILLS
74 

•S 627 IS

1 the health plan if the requirements are applied to all 

2 insured of the insurer. 

3 (3) EXCEPTION.—An insurer may terminate 

4 group coverage to which this subsection applies after 

5 the continuation coverage period required by this 

6 subsection has been in force for 18 months if it of7 fers conversion to an equivalent individual plan. 

8 (4) CONTINUATION COVERAGE.—The continu9 ation of health coverage required by this subsection 

10 shall be satisfied by any extension of coverage under 

11 part 6 of subtitle B of title I of the Employee Re12 tirement Income Security Act of 1974 (29 U.S.C. 

13 1161 et seq.) or section 4980B of the Internal Rev14 enue Code of 1986 provided to a survivor of domes15 tic violence, dating violence, sexual assault, or stalk16 ing and is not intended to be in addition to any ex17 tension of coverage otherwise provided for under 

18 such part 6 or section 4980B. 

19 (d) USE OF INFORMATION.— 

20 (1) LIMITATION.— 

21 (A) IN GENERAL.—In order to protect the 

22 safety and privacy of survivors of domestic vio23 lence, dating violence, sexual assault, or stalk24 ing, no person employed by or contracting with 


pbinns on DSK79D2C42PROD with BILLS
75 

•S 627 IS

1 an insurer or health benefit plan may (without 

2 the consent of the survivor)— 

3 (i) use, disclose, or transfer informa4 tion relating to domestic violence, dating 

5 violence, sexual assault, or stalking status, 

6 acts of such violence, assault, or stalking, 

7 medical conditions related to domestic vio8 lence, dating violence, sexual assault, or 

9 stalking, or the applicant’s or insured’s 

10 status as a family member, employer, asso11 ciate, or person in a relationship with a 

12 survivor of domestic violence, dating vio13 lence, sexual assault, or stalking for any 

14 purpose unrelated to the direct provision of 

15 health care services unless such use, disclo16 sure, or transfer is required by an order of 

17 an entity with authority to regulate insur18 ance or an order of a court of competent 

19 jurisdiction; or 

20 (ii) disclose or transfer information 

21 relating to an applicant’s or insured’s mail22 ing address or telephone number or the 

23 mailing address and telephone number of a 

24 shelter for survivors of domestic violence, 


pbinns on DSK79D2C42PROD with BILLS
76 

•S 627 IS

1 dating violence, sexual assault, or stalking, 

2 unless such disclosure or transfer— 

3 (I) is required in order to provide 

4 insurance coverage; and 

5 (II) does not have the potential 

6 to endanger the safety of a survivor of 

7 domestic violence, dating violence, sex8 ual assault, or stalking. 

9 (B) RULE OF CONSTRUCTION.—Nothing in 

10 this paragraph may be construed to limit or 

11 preclude a survivor of domestic violence, dating 

12 violence, sexual assault, or stalking from obtain13 ing the survivor’s own insurance records from 

14 an insurer. 

15 (2) AUTHORITY OF SURVIVORS.—A survivor of 

16 domestic violence, dating violence, sexual assault, or 

17 stalking, at the absolute discretion of the survivor, 

18 may provide evidence of domestic violence, dating vi19 olence, sexual assault, or stalking to an insurer for 

20 the limited purpose of facilitating treatment of a 

21 condition related to such violence, assault, or stalk22 ing or demonstrating that a condition is related to 

23 such violence, assault, or stalking. Nothing in this 

24 paragraph shall be construed as authorizing an in25 surer to disregard such provided evidence. 


pbinns on DSK79D2C42PROD with BILLS
77 

•S 627 IS

1 SEC. 503. INSURANCE PROTOCOLS FOR SURVIVORS OF DO2 MESTIC VIOLENCE, DATING VIOLENCE, SEX3 UAL ASSAULT, OR STALKING. 

4 Insurers shall develop and adhere to written policies 

5 specifying procedures to be followed by employees, con6 tractors, producers, agents, and brokers for the purpose 

7 of protecting the safety and privacy of a survivor of do8 mestic violence, dating violence, sexual assault, or stalking 

9 and otherwise implementing this subtitle when taking an 

10 application, investigating a claim, or taking any other ac11 tion relating to a policy or claim involving a survivor of 

12 domestic violence, dating violence, sexual assault, or stalk13 ing. 

14 SEC. 504. REASONS FOR ADVERSE ACTIONS. 

15 An insurer that takes an action that adversely affects 

16 a survivor of domestic violence, dating violence, sexual as17 sault, or stalking shall advise the applicant or insured who 

18 is the survivor of domestic violence, dating violence, sexual 

19 assault, or stalking of the specific reasons for the action 

20 in writing. For purposes of this section, reference to gen21 eral underwriting practices or guidelines shall not con22 stitute a specific reason. 

23 SEC. 505. LIFE INSURANCE. 

24 Nothing in this subtitle shall be construed to prohibit 

25 a life insurer from declining to issue a life insurance policy 

26 if the applicant or prospective owner of the policy is or 


pbinns on DSK79D2C42PROD with BILLS
78 

•S 627 IS

1 would be designated as a beneficiary of the policy, and 

2 if— 

3 (1) the applicant or prospective owner of the 

4 policy lacks an insurable interest in the insured; or 

5 (2) the applicant or prospective owner of the 

6 policy is known, on the basis of police or court 

7 records, to have committed an act of domestic vio8 lence, dating violence, sexual assault, or stalking 

9 against the proposed insured. 

10 SEC. 506. SUBROGATION WITHOUT CONSENT PROHIBITED. 

11 Subrogation of claims resulting from domestic vio12 lence, dating violence, sexual assault, or stalking is prohib13 ited without the informed consent of the survivor of do14 mestic violence, dating violence, sexual assault, or stalk15 ing. 

16 SEC. 507. ENFORCEMENT. 

17 (a) FEDERAL TRADE COMMISSION.—Any act or 

18 practice prohibited by this subtitle shall be treated as an 

19 unfair and deceptive act or practice pursuant to section 

20 5 of the Federal Trade Commission Act (15 U.S.C. 45) 

21 and the Federal Trade Commission shall enforce this sub22 title in the same manner, by the same means, and with 

23 the same jurisdiction, powers, and duties as though all ap24 plicable terms and provisions of the Federal Trade Com25 mission Act were incorporated into and made a part of 


pbinns on DSK79D2C42PROD with BILLS
79 

•S 627 IS

1 this subtitle, including issuing a cease and desist order 

2 granting any individual relief warranted under the cir3 cumstances, including temporary, preliminary, and perma4 nent injunctive relief and compensatory damages. 

5 (b) PRIVATE CAUSE OF ACTION.— 

6 (1) IN GENERAL.—An applicant or insured who 

7 believes that the applicant or insured has been ad8 versely affected by an act or practice of an insurer 

9 in violation of this subtitle may maintain an action 

10 against the insurer in a Federal or State court of 

11 original jurisdiction. 

12 (2) RELIEF.—Upon proof of such conduct by a 

13 preponderance of the evidence in an action described 

14 in paragraph (1), the court may award appropriate 

15 relief, including temporary, preliminary, and perma16 nent injunctive relief and compensatory and punitive 

17 damages, as well as the costs of suit and reasonable 

18 fees for the aggrieved individual’s attorneys and ex19 pert witnesses. 

20 (3) STATUTORY DAMAGES.—With respect to 

21 compensatory damages in an action described in 

22 paragraph (1), the aggrieved individual may elect, at 

23 any time prior to the rendering of final judgment, to 

24 recover in lieu of actual damages, an award of statuVerDate Sep 11 2014 00:58 Mar 16, 2019 Jkt 089200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\S627.IS S627

pbinns on DSK79D2C42PROD with BILLS
80 

•S 627 IS

1 tory damages in the amount of $5,000 for each vio2 lation. 

3 SEC. 508. APPLICABILITY. 

4 This subtitle shall apply with respect to any action 

5 taken after the enactment of this Act. 

6 Subtitle B—Supporting and 

7 Empowering Survivors 

8 SEC. 511. STUDY AND REPORTS ON BARRIERS TO SUR9 VIVORS’ ECONOMIC SECURITY ACCESS. 

10 (a) HHS STUDY.—The Secretary of Health and 

11 Human Services, in consultation with the Secretary of 

12 Labor, shall conduct a study on the barriers that survivors 

13 of domestic violence, dating violence, sexual assault, or 

14 stalking throughout the United States experience in main15 taining economic security as a result of issues related to 

16 domestic violence, dating violence, sexual assault, or stalk17 ing. 

18 (b) REPORTS.—Not later than January 1, 2021, and 

19 every five years thereafter, the Secretary of Health and 

20 Human Services, in consultation with the Secretary of 

21 Labor, shall submit a report to Congress on the study con22 ducted under subsection (a). 

23 (c) CONTENTS.—The study and reports under this 

24 section shall include— 


pbinns on DSK79D2C42PROD with BILLS
81 

•S 627 IS

1 (1) identification of geographic areas in which 

2 State laws, regulations, and practices have a strong 

3 impact on the ability of survivors of domestic vio4 lence, dating violence, sexual assault, or stalking to 

5 exercise— 

6 (A) any rights under this Act without com7 promising personal safety or the safety of oth8 ers, including family members and excluding 

9 the abuser; and 

10 (B) other components of economic security; 

11 (2) identification of geographic areas with 

12 shortages in resources for such survivors, with an 

13 accompanying analysis of the extent and impact of 

14 such shortage; 

15 (3) analysis of factors related to industries, 

16 workplace settings, employer practices, trends, and 

17 other elements that impact the ability of such sur18 vivors to exercise any rights under this Act without 

19 compromising personal safety or the safety of others, 

20 including family members; 

21 (4) the recommendations of the Secretary of 

22 Health and Human Services and the Secretary of 

23 Labor with respect to resources, oversight, and en24 forcement tools to ensure successful implementation 

25 of the provisions of this Act in order to support the 


pbinns on DSK79D2C42PROD with BILLS
82 

•S 627 IS

1 economic security and safety of survivors of domestic 

2 violence, dating violence, sexual assault, or stalking; 

3 and 

4 (5) best practices for States, employers, health 

5 carriers, insurers, and other private entities in ad6 dressing issues related to domestic violence, dating 

7 violence, sexual assault, or stalking. 

8 (d) GAO STUDY.—Not later than 18 months after 

9 the date of the enactment of this Act, the Comptroller 

10 General of the United States shall submit to Congress a 

11 report that examines, with respect to survivors of domestic 

12 violence, dating violence, sexual assault, or stalking who 

13 are or were enrolled at institutions of higher education and 

14 have Federal student loan debt, each of the following: 

15 (1) The implications of domestic violence, dat16 ing violence, sexual assault, or stalking on a bor17 rower’s ability to repay their Federal student loans. 

18 (2) The adequacy of current policies and proce19 dures regarding Federal loan deferment, forbear20 ance, and grace periods when a survivor has to sus21 pend or terminate their enrollment at an educational 

22 institution due to domestic violence, dating violence, 

23 sexual assault, or stalking. 

24 (3) The adequacy of current institutional poli25 cies and practices regarding retention or transfer of 


pbinns on DSK79D2C42PROD with BILLS
83 

•S 627 IS

1 credits when a survivor has to suspend or terminate 

2 their enrollment at an educational institution due to 

3 domestic violence, dating violence, sexual assault, or 

4 stalking. 

5 (4) The availability or any options for a sur6 vivor of domestic violence, dating violence, sexual as7 sault, or stalking who attended institutions of higher 

8 education that committed unfair, deceptive, or abu9 sive acts or practices, or otherwise substantially mis10 represented information to students, to be able to 

11 seek a defense to repayment of their loan. 

12 (5) The limitations faced by a survivor of do13 mestic violence, dating violence, sexual assault, or 

14 stalking to obtain any relief or restitution on their 

15 student loan debt due to the use of forced arbitra16 tion, gag orders, or bans on class actions. 

17 SEC. 512. DOMESTIC VIOLENCE, DATING VIOLENCE, SEX18 UAL ASSAULT, AND STALKING EDUCATION 

19 AND INFORMATION PROGRAMS FOR SUR20 VIVORS. 

21 (a) DEFINITIONS.—In this section, the terms ‘‘em22 ploy’’, ‘‘employee’’, ‘‘employer’’, and ‘‘State’’ have the 

23 meanings given such terms in section 201. 

24 (b) PUBLIC EDUCATION PROGRAM.— 


pbinns on DSK79D2C42PROD with BILLS
84 

•S 627 IS

1 (1) IN GENERAL.—The Secretary of Labor, in 

2 conjunction with the Secretary of Health and 

3 Human Services (through the Director of the Cen4 ters for Disease Control and Prevention and the 

5 grant recipient carrying out the National Resource 

6 Center on Domestic Violence) and the Attorney Gen7 eral (through the Principal Deputy Director of the 

8 Office on Violence Against Women), shall coordinate 

9 and provide for a national public outreach and edu10 cation campaign to raise public awareness of domes11 tic violence, dating violence, sexual assault, and 

12 stalking, including outreach and education for em13 ployers, service providers, teachers, and other key 

14 partners. 

15 (2) DISSEMINATION.—The Secretary of Labor, 

16 in conjunction with the Secretary of Health and 

17 Human Services and the Attorney General, as de18 scribed in paragraph (1), may disseminate informa19 tion through the public outreach and education cam20 paign on the resources and rights referred to in this 

21 subsection directly or through arrangements with 

22 health agencies, professional and nonprofit organiza23 tions, consumer groups, labor organizations, institu24 tions of higher education, clinics, the media, and 

25 Federal, State, and local agencies. 


pbinns on DSK79D2C42PROD with BILLS
85 

•S 627 IS

1 (3) INFORMATION.—The information dissemi2 nated under paragraph (2) shall include, at a min3 imum, a description of— 

4 (A) the resources and rights that are— 

5 (i) available to survivors of domestic 

6 violence, dating violence, sexual assault, or 

7 stalking; and 

8 (ii) established in this Act and the Vi9 olence Against Women Act of 1994 (34 

10 U.S.C. 12291 et seq.); 

11 (B) guidelines and best practices on pre12 vention of domestic violence, dating violence, 

13 stalking, and sexual assault; 

14 (C) resources that promote healthy rela15 tionships and communication skills; 

16 (D) resources that encourage bystander 

17 intervention in a situation involving domestic vi18 olence, dating violence, stalking, or sexual as19 sault; 

20 (E) resources that promote workplace poli21 cies that support and help maintain the eco22 nomic security of survivors of domestic violence, 

23 dating violence, sexual assault, or stalking; and 


pbinns on DSK79D2C42PROD with BILLS
86 

•S 627 IS

1 (F) resources and rights that the heads of 

2 Federal agencies described in paragraph (2) de3 termine are appropriate to include. 

4 (c) INFORMATION PROGRAM FOR EMPLOYERS.— 

5 (1) IN GENERAL.—The Secretary of Labor and 

6 the Secretary of Health and Human Services, in 

7 consultation with major women’s advocacy groups 

8 and medical and public health organizations, shall 

9 develop and disseminate to employers information on 

10 the entitlement of survivors of domestic violence, 

11 dating violence, sexual assault, or stalking to safe 

12 leave under title II. 

13 (2) INFORMATION.—The information dissemi14 nated under paragraph (1) shall include, at a min15 imum— 

16 (A) information describing employers’ re17 sponsibilities and employees’ rights under title 

18 II; 

19 (B) recommendations for carrying out 

20 those responsibilities and providing for those 

21 rights; 

22 (C) recommendations for supporting em23 ployees when the employees seek safe leave 

24 under title II; 


pbinns on DSK79D2C42PROD with BILLS
87 

•S 627 IS

1 (D) information on best practices for sup2 porting survivors of domestic violence, dating 

3 violence, sexual assault, or stalking; 

4 (E) information on best practices for pre5 venting domestic violence, dating violence, sex6 ual assault, and stalking; and 

7 (F) information explaining how to obtain 

8 additional copies of the information developed 

9 under paragraph (1) for distribution to the em10 ployees. 

11 (d) STUDY ON WORKPLACE RESPONSES.—The Sec12 retary of Labor, in conjunction with the Secretary of 

13 Health and Human Services, shall conduct a study on the 

14 status of workplace responses to employees who experience 

15 domestic violence, dating violence, sexual assault, or stalk16 ing while employed, in each State and nationally, to im17 prove the access of survivors of domestic violence, dating 

18 violence, sexual assault, or stalking to supportive resources 

19 and economic security. 

20 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to carry out this section, 

22 such sums as may be necessary for each of fiscal years 

23 2020 through 2024. 


pbinns on DSK79D2C42PROD with BILLS
88 

•S 627 IS

1 SEC. 513. INVESTING IN PUBLIC HEALTH INFRASTRUCTURE 

2 TO IMPROVE SUPPORT FOR SURVIVORS. 

3 Section 303(c) of the Family Violence Prevention and 

4 Services Act (42 U.S.C. 10403(c)) is amended by striking 

5 ‘‘314’’ and all that follows and inserting ‘‘314 

6 $15,000,000 for each of fiscal years 2020 through 2024.’’. 

7 SEC. 514. FINANCIAL LITERACY AND ADVOCACY FOR SUR8 VIVORS OF DOMESTIC VIOLENCE, DATING VI9 OLENCE, SEXUAL ASSAULT, OR STALKING. 

10 (a) ELIGIBLE ENTITY DEFINED.—In this section, 

11 the term ‘‘eligible entity’’ means an entity that is— 

12 (1) a State or tribal domestic violence coalition 

13 or sexual assault coalition, consistent with this Act; 

14 (2) a State or local survivor services organiza15 tion; or 

16 (3) an organization with demonstrated expertise 

17 in providing financial literacy support and advocacy 

18 services, but only if such organization will provide 

19 such support and services in partnership with an en20 tity described in paragraph (1) or (2). 

21 (b) GRANTS AUTHORIZED.—The Secretary of Health 

22 and Human Services is authorized to award competitive 

23 grants to eligible entities to— 

24 (1) develop and disseminate a model program, 

25 and related materials, for providing financial literacy 

26 support and advocacy services to survivors of domesVerDate Sep 11 2014 00:58 Mar 16, 2019 Jkt 089200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\S627.IS S627

pbinns on DSK79D2C42PROD with BILLS
89 

•S 627 IS

1 tic violence, dating violence, sexual assault, or stalk2 ing, and such support and services shall take place 

3 in national resource centers, established and oper4 ated under section 41501 of the Violence Against 

5 Women Act of 1994 (34 U.S.C. 12501); and 

6 (2) provide technical assistance with respect to 

7 such model program. 

8 (c) APPLICATIONS.—An eligible entity seeking a 

9 grant under this section shall submit an application to the 

10 Secretary of Health and Human Services at such time, 

11 in such form and manner, and containing such informa12 tion as the Secretary specifies. 

13 (d) REPORTS TO CONGRESS.—The Secretary of 

14 Health and Human Services shall annually submit a re15 port to Congress on the grant program established under 

16 this section. 

17 (e) AUTHORIZATION OF APPROPRIATIONS.— 

18 (1) AUTHORIZATION.—There is authorized to 

19 be appropriated $1,000,000 for fiscal year 2020 to 

20 carry out this section. 

21 (2) THREE-YEAR AVAILABILITY OF GRANT

22 FUNDS.—Not later than three years after the date 

23 on which a grant is awarded under this section, the 

24 recipient of such grant shall return to the Secretary 

25 of Health and Human Services any unused portion 


pbinns on DSK79D2C42PROD with BILLS
90 

•S 627 IS

1 of such grant, together with any earnings on such 

2 unused portion. 

3 TITLE VI—SEVERABILITY 

4 SEC. 601. SEVERABILITY. 

5 If any provision of this Act, any amendment made 

6 by this Act, or the application of such provision or amend7 ment to any person or circumstance is held to be unconsti8 tutional, the remainder of the provisions of this Act, the 

9 amendments made by this Act, and the application of such 

10 provisions or amendments to any person or circumstance 

11 shall not be affected. 

Æ 


pbinns on DSK79D2C42PROD with BILLS