I 

114TH CONGRESS 

1ST SESSION H. R. 3841 

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

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

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 27, 2015 

Ms. ROYBAL-ALLARD (for herself, Ms. MATSUI, Mr. TAKANO, Ms. CLARK of 

Massachusetts, Ms. EDWARDS, Mr. RICHMOND, and Ms. BORDALLO) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Financial Services, Ways and Means, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To promote the economic security and safety of 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 2015’’. 

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

7 this Act is as follows: 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•HR 3841 IH

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. 


smartinez on DSK4TPTVN1PROD with BILLS
3 

•HR 3841 IH

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) Violence against women has been reported 

4 as the leading cause of physical injury to women. 

5 Such violence has a devastating impact on women’s 

6 physical and emotional health, financial security, 

7 and ability to maintain their jobs, and thus impacts 

8 interstate commerce and economic security. 

9 (2) The Office on Violence Against Women of 

10 the Department of Justice defines domestic violence 

11 as a pattern of abusive behavior in any relationship 

12 that is used by one intimate partner to gain or 

13 maintain power and control over another intimate 

14 partner. Domestic violence can be physical, sexual, 

15 emotional, economic, or psychological actions or 

16 threats of actions that influence another person. Do17 mestic violence includes any behaviors that intimi18 date, manipulate, humiliate, isolate, frighten, ter19 rorize, coerce, threaten, blame, hurt, injure, or 

20 wound an individual. 

21 (3) The Centers for Disease Control and Pre22 vention report that domestic violence or intimate 

23 partner violence is a serious public health issue for 


smartinez on DSK4TPTVN1PROD with BILLS
4 

•HR 3841 IH

1 millions of individuals in the United States. Nearly 

2 one in four women and one in seven men in the 

3 United States have suffered severe physical violence 

4 by an intimate partner. 

5 (4) Homicide is the leading cause of death for 

6 women on the job. Husbands, boyfriends, and ex7 partners commit 15 percent of workplace homicides 

8 against women. One study found that intimate part9 ner violence resulted in 142 homicides among women 

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

11 figure which represents 22 percent of the 648 work12 place homicides among women during the period. In 

13 fact, in 2010, homicides against women at work in14 creased by 13 percent despite continuous declines in 

15 overall workplace homicides in recent years. 

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

17 more likely to be murdered with guns than women 

18 in other high-income countries. Female intimate 

19 partners are more likely to be murdered with a fire20 arm than all other means combined. The presence of 

21 a gun in domestic violence situations increases the 

22 risk of homicide for women by 500 percent. 

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

24 survivor of such violence. Studies indicate that be25 tween 35 and 56 percent of employed survivors of 


smartinez on DSK4TPTVN1PROD with BILLS
5 

•HR 3841 IH

1 domestic violence who are women were harassed at 

2 work by their abusive partners. More than 35 per3 cent of stalking survivors report losing time from 

4 work due to the stalking and seven percent of such 

5 survivors never return to work. Sexual assault, 

6 whether occurring in or out of the workplace, can 

7 impair an employee’s work performance, require 

8 time away from work, and undermine the employee’s 

9 ability to maintain a job. Nearly 50 percent of sex10 ual assault survivors lose their jobs or are forced to 

11 quit in the aftermath of the assaults. 

12 (7) Studies find that 60 percent of single 

13 women lack economic security and 81 percent of 

14 households with single mothers live in economic inse15 curity. Research shows that expenses such as hous16 ing, transportation, and child care are often cited as 

17 the most significant barriers that survivors confront 

18 when attempting to escape violence or rebuild their 

19 lives. Survivors are deprived of their autonomy, lib20 erty, and security, and face tremendous threats to 

21 their health and safety. 

22 (8) The Centers for Disease Control and Pre23 vention report that survivors of severe intimate part24 ner violence lose nearly 8,000,000 days of paid work, 

25 which is the equivalent of more than 32,000 fullVerDate Sep 11 2014 03:41 Oct 28, 2015 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3841.IH H3841

smartinez on DSK4TPTVN1PROD with BILLS
6 

•HR 3841 IH

1 time jobs and almost 5,600,000 days of household 

2 productivity each year. Therefore, women dispropor3 tionately need time off to care for their health or to 

4 find safety solutions, such as obtaining a restraining 

5 order or finding housing, to avoid or prevent further 

6 violence. 

7 (9) According to the Centers for Disease Con8 trol and Prevention, the costs of intimate partner vi9 olence against women in 1995 exceeded an estimated 

10 $5,800,000,000. These costs included nearly 

11 $4,100,000,000 in the direct costs of medical and 

12 mental health care and nearly $1,800,000,000 in the 

13 indirect costs of lost productivity. These statistics 

14 are generally considered to be underestimated be15 cause the costs associated with the criminal justice 

16 system are not included. 

17 (10) Fifty-five percent of senior executives re18 cently surveyed said domestic violence has a harmful 

19 effect on their company’s productivity, and more 

20 than 70 percent said domestic violence negatively af21 fects attendance. Seventy-eight percent of human re22 sources professionals consider partner violence a 

23 workplace issue. However, more than 70 percent of 

24 United States workplaces have no formal program or 

25 policy that addresses workplace violence, let alone 


smartinez on DSK4TPTVN1PROD with BILLS
7 

•HR 3841 IH

1 domestic violence. In fact, only four percent of em2 ployers provided training on domestic violence. 

3 (11) Studies indicate that one of the best pre4 dictors of whether a survivor will be able to stay 

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

6 her economic independence. However, domestic vio7 lence, dating violence, sexual assault, and stalking 

8 often negatively impact a survivor’s ability to main9 tain employment. 

10 (12) Abusers frequently seek to exert financial 

11 control over their partners by actively interfering 

12 with their ability to work, including preventing their 

13 partners from going to work, harassing their part14 ners at work, limiting their partners’ access to cash 

15 or transportation, and sabotaging their partners’ 

16 child care arrangements. 

17 (13) The Patient Protection and Affordable 

18 Care Act (Public Law 111–148), and the amend19 ments made by such Act, ensures that most health 

20 plans must cover preventive services, including 

21 screening and counseling for domestic violence, at no 

22 additional cost. In addition, it prohibits insurance 

23 companies from discriminating against patients for 

24 preexisting conditions, like domestic violence. 


smartinez on DSK4TPTVN1PROD with BILLS
8 

•HR 3841 IH

1 (14) Yet, more can be done to help survivors. 

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

3 enactment of this Act does not explicitly— 

4 (A) authorize survivors of domestic vio5 lence, dating violence, sexual assault, or stalk6 ing to take leave from work to seek legal assist7 ance and redress, counseling, or assistance with 

8 safety planning activities; 

9 (B) address the eligibility of survivors of 

10 domestic violence, dating violence, sexual as11 sault, or stalking for unemployment compensa12 tion; 

13 (C) provide job protection to survivors of 

14 domestic violence, dating violence, sexual as15 sault, or stalking; 

16 (D) prohibit insurers and employers who 

17 self-insure employee benefits from discrimi18 nating against survivors of domestic violence, 

19 dating violence, sexual assault, or stalking and 

20 those who help them in determining eligibility, 

21 rates charged, and standards for payment of 

22 claims; or 

23 (E) prohibit insurers from disclosing infor24 mation about abuse and the location of the surVerDate Sep 11 2014 03:41 Oct 28, 2015 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3841.IH H3841

smartinez on DSK4TPTVN1PROD with BILLS
9 

•HR 3841 IH

1 vivors through insurance databases and other 

2 means. 

3 (15) October is National Domestic Violence 

4 Awareness Month. 

5 (16) This Act aims to empower survivors of do6 mestic violence, dating violence, sexual assault, or 

7 stalking to be free from violence, hardship, and con8 trol, which restrains basic human rights to freedom 

9 and safety in the United States. 

10 TITLE I—REAUTHORIZATION OF 

11 NATIONAL RESOURCE CEN12 TER GRANTS ON WORKPLACE 

13 RESPONSES TO ASSIST SUR14 VIVORS OF DOMESTIC AND 

15 SEXUAL VIOLENCE 

16 SEC. 101. GRANT PROGRAM REAUTHORIZATION. 

17 (a) INFORMATION AND ASSISTANCE TO SURVIVOR

18 SERVICE PROVIDERS AND COMMUNITY ORGANIZA19 TIONS.—Section 41501(a) of the Violence Against Women 

20 Act of 1994 (42 U.S.C. 14043f(a)) is amended by striking 

21 the period at the end and inserting ‘‘, and to survivor serv22 ices organizations (as defined in section 201 of the Secu23 rity and Financial Empowerment Act of 2015) (including 

24 community based organizations) and tribal, State, and ter25 ritorial domestic violence or sexual assault coalitions to enVerDate Sep 11 2014 03:41 Oct 28, 2015 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3841.IH H3841

smartinez on DSK4TPTVN1PROD with BILLS
10 

•HR 3841 IH

1 able the organizations and coalitions to provide resource 

2 materials or other assistance to employers, labor organiza3 tions, or employees.’’. 

4 (b) ADMINISTRATIVE PROVISIONS.—Section 41501 

5 of the Violence Against Women Act of 1994 (42 U.S.C. 

6 14043f) is amended by adding at the end the following: 

7 ‘‘(g) ADMINISTRATIVE COSTS.— 

8 ‘‘(1) IN GENERAL.—From the amount appro9 priated pursuant to subsection (e) for each fiscal 

10 year, the Attorney General shall not use more than 

11 2.5 percent for the administration and monitoring of 

12 grants made available under this section. 

13 ‘‘(2) EVALUATIONS.—From the amount appro14 priated pursuant to subsection (e) for each fiscal 

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

16 to award contracts or cooperative agreements to en17 tities with demonstrated expertise in program eval18 uation, to evaluate programs under this section.’’. 

19 TITLE II—SAFE LEAVE FOR AD20 DRESSING DOMESTIC VIO21 LENCE, DATING VIOLENCE, 

22 SEXUAL ASSAULT, OR STALK23 ING 

24 SEC. 201. DEFINITIONS. 

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


smartinez on DSK4TPTVN1PROD with BILLS
11 

•HR 3841 IH

1 (1) DOMESTIC VIOLENCE; DATING VIOLENCE; 

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

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

4 ‘‘stalking’’ have the meanings given the terms in sec5 tion 40002 of the Violence Against Women Act of 

6 1994 (42 U.S.C. 13925). 

7 (2) DOMESTIC PARTNER.— 

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

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

10 another individual with whom the first indi11 vidual is in a committed relationship. 

12 (B) COMMITTED RELATIONSHIP DE13 FINED.—The term ‘‘committed relationship’’ 

14 means a relationship between two individuals, 

15 each at least 18 years of age, in which each in16 dividual is the other individual’s sole domestic 

17 partner and both individuals share responsi18 bility for a significant measure of each other’s 

19 common welfare. The term includes any such 

20 relationship between two individuals, including 

21 individuals of the same sex, that is granted 

22 legal recognition by a State or political subdivi23 sion of a State as a marriage or analogous rela24 tionship, including a civil union or domestic 

25 partnership. 


smartinez on DSK4TPTVN1PROD with BILLS
12 

•HR 3841 IH

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

2 ‘‘State’’ have the meanings given the terms in sec3 tion 3 of the Fair Labor Standards Act of 1938 (29 

4 U.S.C. 203). 

5 (4) EMPLOYEE.— 

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

7 means any person employed by an employer. In 

8 the case of an individual employed by a public 

9 agency, such term means an individual em10 ployed as described in section 3(e)(2) of the 

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

12 203(e)(2)). 

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

14 employed as described in subparagraph (A) on 

15 a full- or part-time basis, for a fixed time pe16 riod, on a temporary basis, pursuant to a detail, 

17 or as a participant in a work assignment as a 

18 condition of receipt of Federal or State income19 based public assistance. 

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

21 (A) means any person engaged in com22 merce or in any industry or activity affecting 

23 commerce who employs 15 or more individuals; 

24 and 


smartinez on DSK4TPTVN1PROD with BILLS
13 

•HR 3841 IH

1 (B) includes any person acting directly or 

2 indirectly in the interest of an employer in rela3 tion to an employee, and includes a public agen4 cy that employs individuals as described in sec5 tion 3(e)(2) of the Fair Labor Standards Act of 

6 1938, but does not include any labor organiza7 tion (other than when acting as an employer) or 

8 anyone acting in the capacity of officer or agent 

9 of such labor organization. 

10 (6) EMPLOYMENT BENEFITS.—The term ‘‘em11 ployment benefits’’ means all benefits provided or 

12 made available to employees by an employer, includ13 ing group life insurance, health insurance, disability 

14 insurance, sick leave, annual leave, educational bene15 fits, and pensions, regardless of whether such bene16 fits are provided by a practice or written policy of 

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

18 as defined in section 3(3) of the Employee Retire19 ment Income Security Act of 1974 (29 U.S.C. 

20 1002(3)). 

21 (7) FAMILY OR HOUSEHOLD MEMBER.—The 

22 term ‘‘family or household member’’, used with re23 spect to a person, means an individual who— 

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

25 domestic partner, or any other individual reVerDate Sep 11 2014 03:41 Oct 28, 2015 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H3841.IH H3841

smartinez on DSK4TPTVN1PROD with BILLS
14 

•HR 3841 IH

1 lated by blood or affinity whose close associa2 tion with the person is the equivalent of a fam3 ily relationship; and 

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

5 501) involved. 

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

7 meaning given the term in section 3 of the Fair 

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

9 (9) PUBLIC AGENCY.—The term ‘‘public agen10 cy’’ has the meaning given the term in section 3 of 

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

12 203). 

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

14 assistance’’ includes cash, benefits issued under a 

15 supplement nutrition assistance program under sec16 tion 4 of the Food and Nutrition Act of 2008 (7 

17 U.S.C. 2013), medical assistance, housing assist18 ance, and other benefits provided on the basis of in19 come by a public agency. 

20 (11) SURVIVOR OF DOMESTIC VIOLENCE, DAT21 ING VIOLENCE, SEXUAL ASSAULT, OR STALKING.— 

22 The term ‘‘survivor of domestic violence, dating vio23 lence, sexual assault, or stalking’’ includes— 


smartinez on DSK4TPTVN1PROD with BILLS
15 

•HR 3841 IH

1 (A) a person who has experienced or is ex2 periencing domestic violence, dating violence, 

3 sexual assault, or stalking; and 

4 (B) a person whose family or household 

5 member has experienced or is experiencing do6 mestic violence, dating violence, sexual assault, 

7 or stalking. 

8 (12) SURVIVOR SERVICES ORGANIZATION.—The 

9 term ‘‘survivor services organization’’ means a non10 profit, nongovernmental organization that provides 

11 assistance to survivors of domestic violence, dating 

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

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

14 organization carrying out a domestic violence pro15 gram, an organization operating a shelter or pro16 viding counseling services, an organization providing 

17 assistance through the legal process, or another enti18 ty that provides assistance to such survivors. 

19 SEC. 202. ENTITLEMENT TO SAFE LEAVE FOR ADDRESSING 

20 DOMESTIC VIOLENCE, DATING VIOLENCE, 

21 SEXUAL ASSAULT, OR STALKING. 

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

23 provide each employee employed by the employer not less 

24 than 30 days of safe leave in a 12-month period. The leave 

25 may be unpaid leave, unless the employee uses paid leave 


smartinez on DSK4TPTVN1PROD with BILLS
16 

•HR 3841 IH

1 from the portion earned under subsection (b) or sub2 stitutes leave under section 203. An employee may take 

3 not more than a total of 30 days of safe leave in a 12- 

4 month period under this section, including the portion of 

5 the leave described in subsection (b), in addition to any 

6 leave taken (directly or indirectly) under title I of the 

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

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

9 States Code. 

10 (b) SAFE LEAVE.— 

11 (1) IN GENERAL.—As a portion of the 30 days 

12 of safe leave described in subsection (a), the em13 ployer shall provide each employee employed by the 

14 employer not less than one hour of earned paid safe 

15 leave for every 30 hours worked, to be used as de16 scribed in subsection (c). An employer shall not be 

17 required to permit an employee to earn, under this 

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

19 a year, unless the employer chooses to set a higher 

20 limit. 

21 (2) EXEMPT EMPLOYEES.— 

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

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

24 an employee who is exempt from overtime re25 quirements under section 13(a)(1) of the Fair 


smartinez on DSK4TPTVN1PROD with BILLS
17 

•HR 3841 IH

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

2 213(a)(1)) shall be assumed to work 40 hours 

3 in each workweek. 

4 (B) SHORTER NORMAL WORKWEEK.—If 

5 the normal workweek of such an employee is 

6 less than 40 hours, the employee shall earn 

7 paid safe leave based upon that normal work8 week. 

9 (3) DATES FOR BEGINNING TO EARN PAID

10 SAFE LEAVE AND USE.—Employees shall begin to 

11 earn paid safe leave under this subsection at the 

12 commencement of their employment. An employee 

13 shall be entitled to use the earned paid safe leave be14 ginning on the 60th calendar day following com15 mencement of the employee’s employment. After 

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

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

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

19 safe leave to an employee for use by such employee 

20 in advance of the employee earning such safe leave 

21 as provided in this subsection and may permit use 

22 before the 60th day of employment. 

23 (4) CARRYOVER.— 

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

25 subparagraph (B), paid safe leave earned under 


smartinez on DSK4TPTVN1PROD with BILLS
18 

•HR 3841 IH

1 this subsection shall carry over from one year 

2 to the next. 

3 (B) CONSTRUCTION.—This title shall not 

4 be construed to require an employer to permit 

5 an employee to earn more than 56 hours of 

6 earned paid safe leave at a given time. 

7 (5) EMPLOYERS WITH EXISTING POLICIES.— 

8 Any employer with a paid leave policy who makes 

9 available an amount of safe paid leave that is suffi10 cient to meet the requirements of this subsection 

11 and that may be used for the same purposes and 

12 under the same conditions as the purposes and con13 ditions outlined in subsection (c) shall not be re14 quired to permit an employee to earn additional paid 

15 safe leave under this subsection. 

16 (6) CONSTRUCTION.—Nothing in this section 

17 shall be construed as requiring financial or other re18 imbursement to an employee from an employer upon 

19 the employee’s termination, resignation, retirement, 

20 or other separation from employment for earned 

21 paid safe leave that has not been used. 

22 (7) REINSTATEMENT.—If an employee is sepa23 rated from employment with an employer and is re24 hired, within 12 months after that separation, by the 

25 same employer, the employer shall (in addition to 


smartinez on DSK4TPTVN1PROD with BILLS
19 

•HR 3841 IH

1 providing unpaid safe leave in accordance with sub2 section (a)) reinstate the employee’s previously 

3 earned paid safe leave. The employee shall be enti4 tled to use the earned paid safe leave and earn addi5 tional paid safe leave at the recommencement of em6 ployment with the employer. 

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

8 be used by an employee for an absence resulting from do9 mestic violence, dating violence, sexual assault, or stalk10 ing, if the leave is to— 

11 (1) seek medical attention for the employee or 

12 the employee’s family or household member, to re13 cover from physical or psychological injury or dis14 ability caused by domestic violence, dating violence, 

15 sexual assault, or stalking; 

16 (2) obtain or assist a family or household mem17 ber in obtaining services from a survivor services or18 ganization; 

19 (3) obtain or assist a family or household mem20 ber in obtaining behavioral health services or coun21 seling; 

22 (4) participate in safety planning, temporary or 

23 permanent relocation, or taking other actions, to in24 crease the safety of the employee or family or house25 hold member; or 


smartinez on DSK4TPTVN1PROD with BILLS
20 

•HR 3841 IH

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

2 participating in any civil or criminal legal proceeding 

3 related to or resulting from domestic violence, dating 

4 violence, sexual assault, or stalking. 

5 (d) PROCEDURES.— 

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

7 upon the oral or written request of an employee. 

8 Such request shall— 

9 (A) include the expected duration of the 

10 period of such leave; and 

11 (B) be provided as soon as practicable 

12 after the employee is aware of the need for such 

13 period. 

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

15 reasonable effort to schedule a period of safe leave 

16 under this title in a manner that does not unduly 

17 disrupt the operations of the employer, unless sched18 uling the period of leave in that manner is not prac19 ticable. 

20 (3) CERTIFICATION.— 

21 (A) IN GENERAL.—An employer may re22 quire that a request for safe leave under this 

23 section for a purpose described in subsection (c) 

24 be supported— 


smartinez on DSK4TPTVN1PROD with BILLS
21 

•HR 3841 IH

1 (i) by any form of certification (but 

2 the employer may not specify the par3 ticular form of certification to be provided) 

4 consisting of— 

5 (I) a sworn statement of the em6 ployee or the family or household 

7 member, as the case may be; 

8 (II) a police report indicating 

9 that the employee, or a family or 

10 household member of the employee, 

11 was a survivor of domestic violence, 

12 dating violence, sexual assault, or 

13 stalking; 

14 (III) a court order protecting or 

15 separating the employee or a family or 

16 household member of the employee 

17 from the perpetrator of an act of do18 mestic violence, dating violence, sexual 

19 assault, or stalking, or other evidence 

20 from the court or prosecuting attorney 

21 that the employee or family or house22 hold member has appeared in court or 

23 is scheduled to appear in court in a 

24 proceeding related to domestic vioVerDate Sep 11 2014 03:41 Oct 28, 2015 Jkt 059200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H3841.IH H3841

smartinez on DSK4TPTVN1PROD with BILLS
22 

•HR 3841 IH

1 lence, dating violence, sexual assault, 

2 or stalking; 

3 (IV) documentation from an em4 ployee or volunteer working for a sur5 vivor services organization, an attor6 ney, a police officer, a medical profes7 sional, a social worker, an antiviolence 

8 counselor, a member of the clergy, or 

9 another professional, affirming that 

10 the employee or a family or household 

11 member of the employee is a survivor 

12 of domestic violence, dating violence, 

13 sexual assault, or stalking; or 

14 (V) other corroborating evidence 

15 concerning the employee or family or 

16 household member; and 

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

18 family or household member, in order to 

19 verify the employee’s relationship with the 

20 survivor, by information that may include 

21 a sworn statement of the employee, a birth 

22 certificate, a court document, or other cor23 roborating evidence. 

24 (B) SURVIVOR INFORMATION PROTEC25 TIONS.— 


smartinez on DSK4TPTVN1PROD with BILLS
23 

•HR 3841 IH

1 (i) IN GENERAL.—The certification 

2 shall state the reason that the safe leave is 

3 required with the facts to be disclosed lim4 ited to the minimum necessary to establish 

5 a need for the employee to be absent from 

6 work, and the employee shall not be re7 quired to explain the details of the domes8 tic violence, dating violence, sexual assault, 

9 or stalking involved. 

10 (ii) LIMITATION ON INFORMATION RE11 QUIREMENTS.—An employer may not re12 quire an employee, in order to obtain leave 

13 under this section, to produce, discuss with 

14 the employer, or provide— 

15 (I) any additional information, 

16 beyond the information enumerated in 

17 this subsection that establishes that 

18 the employee is eligible for leave 

19 under this section; or 

20 (II) any information that would 

21 compromise the safety of the employee 

22 or family or household member in any 

23 way. 

24 (C) TIMELINESS.—The employee shall pro25 vide a copy of such certification to the employer 


smartinez on DSK4TPTVN1PROD with BILLS
24 

•HR 3841 IH

1 in a timely manner, not later than 30 days 

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

3 extent possible. The employer shall not delay 

4 the commencement of the period of leave on the 

5 basis that the employer has not yet received the 

6 certification. 

7 (4) PROHIBITION.—An employer may not re8 quire, as a condition of providing safe leave under 

9 this title, that the employee involved search for or 

10 find a replacement employee to cover the hours dur11 ing which the employee is using safe leave. 

12 (e) CONFIDENTIALITY; NONDISCLOSURE FOR SUR13 VIVORS.— 

14 (1) CONFIDENTIALITY.—All information pro15 vided to the employer pursuant to subsection (c) or 

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

17 household member is a survivor of domestic violence, 

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

19 employee has requested or obtained safe leave pursu20 ant to this section, shall be retained in the strictest 

21 confidence by the employer, except to the extent that 

22 disclosure is— 

23 (A) requested or consented to by the em24 ployee in writing; or 


smartinez on DSK4TPTVN1PROD with BILLS
25 

•HR 3841 IH

1 (B) otherwise required by applicable Fed2 eral or State law. 

3 (2) CONFIDENTIAL COMMUNICATIONS.—The 

4 provision of any information under this section does 

5 not waive or diminish the confidential or privileged 

6 nature of communications between a survivor of do7 mestic violence, dating violence, sexual assault, or 

8 stalking with one or more of the individuals or enti9 ties providing information under subclause (II), 

10 (III), (IV), or (V) of clause (i), or clause (ii), of sub11 section (d)(3)(A). 

12 (3) NONDISCLOSURE.—If an employer pos13 sesses health information about an employee or an 

14 employee’s family or household member, such infor15 mation shall— 

16 (A) be maintained on a separate form and 

17 in a separate file from other personnel informa18 tion; 

19 (B) be treated as a confidential medical 

20 record; and 

21 (C) not be disclosed except to the affected 

22 employee or with the written permission of the 

23 affected employee. 

24 (f) EMPLOYMENT AND BENEFITS.— 

25 (1) RESTORATION TO POSITION.— 


smartinez on DSK4TPTVN1PROD with BILLS
26 

•HR 3841 IH

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

2 paragraph (2), any employee who takes leave 

3 under this section for the intended purpose of 

4 the leave shall be entitled, on return from such 

5 leave— 

6 (i) to be restored by the employer to 

7 the position of employment held by the em8 ployee when the leave commenced; or 

9 (ii) to be restored to an equivalent po10 sition with equivalent employment benefits, 

11 pay, and other terms and conditions of em12 ployment. 

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

14 leave under this section shall not result in the 

15 loss of any employment benefit accrued prior to 

16 the date on which the leave commenced. 

17 (C) LIMITATIONS.—Nothing in this sub18 section shall be construed to entitle any re19 stored employee to any accrual, right, benefit, 

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

21 Family and Medical Leave Act of 1993 (29 

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

23 (D) CONSTRUCTION.—Nothing in this 

24 paragraph shall be construed to prohibit an em25 ployer from requiring an employee on leave 


smartinez on DSK4TPTVN1PROD with BILLS
27 

•HR 3841 IH

1 under this section to report periodically to the 

2 employer on the status and intention of the em3 ployee to return to work. 

4 (2) EXEMPTION CONCERNING CERTAIN HIGHLY

5 COMPENSATED EMPLOYEES.— 

6 (A) DENIAL OF RESTORATION.—An em7 ployer may deny restoration under paragraph 

8 (1) to any employee described in subparagraph 

9 (B) if— 

10 (i) such denial is necessary to prevent 

11 substantial and grievous economic injury to 

12 the operations of the employer; 

13 (ii) the employer notifies the employee 

14 of the intent of the employer to deny res15 toration on such basis at the time the em16 ployer determines that such injury would 

17 occur; and 

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

19 commenced, the employee elects not to re20 turn to employment after receiving such 

21 notice. 

22 (B) AFFECTED EMPLOYEES.—An employee 

23 referred to in subparagraph (A) is a salaried 

24 employee who is among the highest paid 10 per25 cent of the employees employed by the employer 


smartinez on DSK4TPTVN1PROD with BILLS
28 

•HR 3841 IH

1 within 75 miles of the facility at which the em2 ployee is employed. 

3 (3) MAINTENANCE OF HEALTH BENEFITS.— 

4 (A) COVERAGE.—Except as provided in 

5 subparagraph (B), during any period that an 

6 employee takes leave under this section, the em7 ployer shall maintain coverage under any group 

8 health plan (meaning a group health plan as 

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

10 Revenue Code of 1986 or an employee welfare 

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

12 Employee Retirement Income Security Act of 

13 1974 (29 U.S.C. 1002(1))) for the duration of 

14 such leave at the level and under the conditions 

15 coverage would have been provided if the em16 ployee had continued in employment continu17 ously for the duration of such leave. 

18 (B) FAILURE TO RETURN FROM LEAVE.— 

19 The employer may recover the premium that 

20 the employer paid for maintaining coverage for 

21 the employee under such group health plan dur22 ing any period of leave under this section if— 

23 (i) the employee fails to return from 

24 leave under this section after the period of 


smartinez on DSK4TPTVN1PROD with BILLS
29 

•HR 3841 IH

1 leave to which the employee is entitled has 

2 expired; and 

3 (ii) the employee fails to return to 

4 work for a reason other than— 

5 (I) the continuation of, recur6 rence of, or onset of an episode of do7 mestic violence, dating violence, sexual 

8 assault, or stalking, that entitles the 

9 employee to leave pursuant to this 

10 section; or 

11 (II) other circumstances beyond 

12 the control of the employee. 

13 (C) CERTIFICATION.— 

14 (i) ISSUANCE.—An employer may re15 quire an employee who claims that the em16 ployee is unable to return to work because 

17 of a reason described in subclause (I) or 

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

19 within a reasonable period after making 

20 the claim, certification to the employer 

21 that the employee is unable to return to 

22 work because of the circumstances that 

23 formed the basis for that claim. 


smartinez on DSK4TPTVN1PROD with BILLS
30 

•HR 3841 IH

1 (ii) CONTENTS.—An employee may 

2 satisfy the certification requirement of 

3 clause (i) by providing to the employer— 

4 (I) a sworn statement of the em5 ployee; 

6 (II) documentation from an em7 ployee, agent, or volunteer of a sur8 vivor services organization, an attor9 ney, a member of the clergy, or a 

10 medical or other professional, from 

11 whom the employee or the employee’s 

12 family or household member has 

13 sought assistance in addressing do14 mestic violence, dating violence, sexual 

15 assault, or stalking, including the ef16 fects of domestic violence, dating vio17 lence, sexual assault, or stalking; 

18 (III) a police or court record; or 

19 (IV) other corroborating evi20 dence. 

21 (D) LIMITATION ON INFORMATION RE22 QUIREMENTS.—An employer may not require 

23 an employee, under subparagraph (C), to 

24 produce, discuss with the employer, or pro25 vide— 


smartinez on DSK4TPTVN1PROD with BILLS
31 

•HR 3841 IH

1 (i) any additional information, beyond 

2 the information enumerated in this para3 graph that establishes that the employee is 

4 unable to return as described in subpara5 graph (C)(i); or 

6 (ii) any information that would com7 promise the safety of the employee or fam8 ily or household member in any way. 

9 (E) CONFIDENTIALITY.—All information 

10 provided to the employer pursuant to subpara11 graph (C), including a statement of the em12 ployee or any other documentation, record, or 

13 corroborating evidence, and the fact that the 

14 employee is not returning to work because of a 

15 reason described in subclause (I) or (II) of sub16 paragraph (B)(ii), shall be retained in the 

17 strictest confidence by the employer, except to 

18 the extent that disclosure is— 

19 (i) requested or consented to by the 

20 employee in writing; or 

21 (ii) otherwise required by applicable 

22 Federal or State law. 

23 (F) CONFIDENTIAL COMMUNICATIONS.— 

24 The provision of any information under this 

25 paragraph does not waive or diminish the conVerDate Sep 11 2014 03:41 Oct 28, 2015 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H3841.IH H3841

smartinez on DSK4TPTVN1PROD with BILLS
32 

•HR 3841 IH

1 fidential or privileged nature of communications 

2 between a survivor of domestic violence, dating 

3 violence, sexual assault, or stalking with one or 

4 more of the individuals or entities providing in5 formation under subclause (II), (III), or (IV) of 

6 subparagraph (C)(ii). 

7 (g) PROHIBITED ACTS.— 

8 (1) INTERFERENCE WITH RIGHTS.—Section 

9 105(a) of the Family and Medical Leave Act of 

10 1993 (29 U.S.C. 2615(a)) shall apply with respect 

11 to this title. 

12 (2) INTERFERENCE WITH PROCEEDINGS OR IN13 QUIRIES.—Section 105(b) of the Family and Medical 

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

15 with respect to this title. 

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

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

18 terminate the benefits of, or otherwise sanction any 

19 individual, or otherwise discriminate (including har20 assment or retaliation in any form or manner) 

21 against any individual with respect to the amount, 

22 terms, or conditions of public assistance of the indi23 vidual, because the individual— 

24 (A) exercised or attempted to exercise any 

25 right provided under this section for the indiVerDate Sep 11 2014 03:41 Oct 28, 2015 Jkt 059200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H3841.IH H3841

smartinez on DSK4TPTVN1PROD with BILLS
33 

•HR 3841 IH

1 vidual or the individual’s family or household 

2 member; or 

3 (B) opposed any practice made unlawful by 

4 this section. 

5 (h) ENFORCEMENT.— 

6 (1) CIVIL ACTION BY AFFECTED INDIVID7 UALS.— 

8 (A) LIABILITY.—Any employer that vio9 lates subsection (g) shall be liable to any indi10 vidual affected— 

11 (i) for damages equal to— 

12 (I) the amount of— 

13 (aa) any wages, salary, em14 ployment benefits, or other com15 pensation denied or lost to such 

16 individual by reason of the viola17 tion; or 

18 (bb) in a case in which 

19 wages, salary, employment bene20 fits, or other compensation has 

21 not been denied or lost to the in22 dividual, any actual monetary 

23 losses sustained by the individual 

24 as a direct result of the violation; 


smartinez on DSK4TPTVN1PROD with BILLS
34 

•HR 3841 IH

1 (II) the interest on the amount 

2 described in subclause (I) calculated 

3 at the prevailing rate; and 

4 (III) an additional amount as liq5 uidated damages equal to the sum of 

6 the amount described in subclause (I) 

7 and the interest described in sub8 clause (II), except that if an employer 

9 that has violated subsection (g) proves 

10 to the satisfaction of the court that 

11 the act or omission that violated sub12 section (g) was in good faith and that 

13 the employer had reasonable grounds 

14 for believing that the act or omission 

15 was not a violation of subsection (g), 

16 such court may, in the discretion of 

17 the court, reduce the amount of the li18 ability to the amount and interest de19 termined under subclauses (I) and 

20 (II), respectively; and 

21 (ii) for such equitable relief as may be 

22 appropriate, including employment, rein23 statement, and promotion. 

24 (B) RIGHT OF ACTION.—An action to re25 cover the damages or equitable relief prescribed 


smartinez on DSK4TPTVN1PROD with BILLS
35 

•HR 3841 IH

1 in subparagraph (A) may be maintained against 

2 any employer in any Federal or State court of 

3 competent jurisdiction by any one or more af4 fected individuals for and on behalf of— 

5 (i) the individuals; or 

6 (ii) the individuals and other individ7 uals similarly situated. 

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

9 an action shall, in addition to any judgment 

10 awarded to the plaintiff, allow a reasonable at11 torney’s fee, reasonable expert witness fees, and 

12 other costs of the action to be paid by the de13 fendant. 

14 (D) LIMITATIONS.—The right provided by 

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

16 behalf of any affected individual shall termi17 nate— 

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

19 Secretary of Labor in an action under 

20 paragraph (4) in which restraint is sought 

21 of any further delay in the payment of the 

22 amount described in subparagraph (A)(i) 

23 to such individual by an employer respon24 sible under subparagraph (A) for the pay25 ment; or 


smartinez on DSK4TPTVN1PROD with BILLS
36 

•HR 3841 IH

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

2 Secretary of Labor in an action under 

3 paragraph (2) in which a recovery is 

4 sought of the damages described in sub5 paragraph (A)(i) owing to an affected indi6 vidual by an employer liable under sub7 paragraph (A), 

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

9 is dismissed without prejudice on motion of the 

10 Secretary of Labor. 

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

12 (A) ADMINISTRATIVE ACTION.—The Sec13 retary of Labor shall receive, investigate, and 

14 attempt to resolve complaints of violations of 

15 subsection (g) in the same manner as the Sec16 retary of Labor receives, investigates, and at17 tempts to resolve complaints of violations of 

18 sections 6 and 7 of the Fair Labor Standards 

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

20 (B) CIVIL ACTION.—The Secretary of 

21 Labor may bring an action in any court of com22 petent jurisdiction to recover the damages de23 scribed in paragraph (1)(A)(i). 

24 (C) SUMS RECOVERED.—Any sums recov25 ered by the Secretary of Labor pursuant to subVerDate Sep 11 2014 03:41 Oct 28, 2015 Jkt 059200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H3841.IH H3841

smartinez on DSK4TPTVN1PROD with BILLS
37 

•HR 3841 IH

1 paragraph (B) shall be held in a special deposit 

2 account and shall be paid, on order of the Sec3 retary, directly to each individual affected. Any 

4 such sums not paid to such an individual be5 cause of inability to do so within a period of 

6 three years shall be deposited into the Treasury 

7 of the United States as miscellaneous receipts. 

8 (3) LIMITATION.— 

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

10 subparagraph (B), an action may be brought 

11 under this subsection not later than two years 

12 after the date of the last event constituting the 

13 alleged violation for which the action is brought. 

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

15 such action brought for a willful violation of 

16 subsection (g), such action may be brought 

17 within three years after the date of the last 

18 event constituting the alleged violation for 

19 which such action is brought. 

20 (C) COMMENCEMENT.—In determining 

21 when an action is commenced by the Secretary 

22 of Labor under this subsection for the purposes 

23 of this paragraph, it shall be considered to be 

24 commenced on the date when the complaint is 

25 filed. 


smartinez on DSK4TPTVN1PROD with BILLS
38 

•HR 3841 IH

1 (4) ACTION FOR INJUNCTION BY SECRETARY

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

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

4 brought by the Secretary of Labor— 

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

6 including the restraint of any withholding of 

7 payment of wages, salary, employment benefits, 

8 or other compensation, plus interest, found by 

9 the court to be due to affected individuals; or 

10 (B) to award such other equitable relief as 

11 may be appropriate, including employment, re12 instatement, and promotion. 

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

14 Labor may appear for and represent the Secretary 

15 of Labor on any litigation brought under this sub16 section. 

17 (6) EMPLOYER LIABILITY UNDER OTHER

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

19 limit the liability of an employer or public agency to 

20 an individual, for harm suffered relating to the indi21 vidual’s experience of domestic violence, dating vio22 lence, sexual assault, or stalking, pursuant to any 

23 other Federal or State law, including a law providing 

24 for a legal remedy. 


smartinez on DSK4TPTVN1PROD with BILLS
39 

•HR 3841 IH

1 (7) LIBRARY OF CONGRESS.—Notwithstanding 

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

3 the Library of Congress, the authority of the Sec4 retary of Labor under this subsection shall be exer5 cised by the Librarian of Congress. 

6 (8) CERTAIN PUBLIC AGENCY EMPLOYERS.— 

7 (A) AGENCIES.—Notwithstanding any 

8 other provision of this subsection, in the case of 

9 a public agency that employs individuals as de10 scribed in subparagraph (A) or (B) of section 

11 3(e)(2) of the Fair Labor Standards Act of 

12 1938 (29 U.S.C. 203(e)(2)) (other than an en13 tity of the legislative branch of the Federal 

14 Government), subparagraph (B) shall apply. 

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

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

17 procedures provided in the case of a violation of 

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

19 that title to an employing agency, in chapter 12 

20 of that title to the Merit Systems Protection 

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

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

23 powers, remedies, and procedures this sub24 section provides in the case of a violation of 

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


smartinez on DSK4TPTVN1PROD with BILLS
40 

•HR 3841 IH

1 any person alleging a violation of subsection 

2 (g), concerning an employee who is an indi3 vidual described in subparagraph (A). 

4 (9) PUBLIC AGENCIES PROVIDING PUBLIC AS5 SISTANCE.—Consistent with regulations prescribed 

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

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

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

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

10 receives a less favorable amount, term, or condition 

11 of public assistance as a result of the violation— 

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

13 denied or lost to such individual by reason of 

14 the violation; and 

15 (ii) the interest on the amount described in 

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

17 (B) such equitable relief as may be appro18 priate. 

19 SEC. 203. EXISTING LEAVE USABLE FOR ADDRESSING DO20 MESTIC VIOLENCE, DATING VIOLENCE, SEX21 UAL ASSAULT, OR STALKING. 

22 An employee who is entitled to take paid or unpaid 

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

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

25 law, a collective bargaining agreement, or an employment 


smartinez on DSK4TPTVN1PROD with BILLS
41 

•HR 3841 IH

1 benefits program or plan, may elect to substitute any pe2 riod of such leave for an equivalent period of leave pro3 vided under section 202. 

4 SEC. 204. EMERGENCY BENEFITS. 

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

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

7 Act (42 U.S.C. 601 et seq.) to provide nonrecurrent short8 term emergency benefits to an individual for any period 

9 of leave the individual takes pursuant to section 202 of 

10 this Act. 

11 (b) ELIGIBILITY.— 

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

13 for assistance under the State program funded 

14 under that part and for leave under section 202 

15 shall be eligible for such emergency benefits, except 

16 as provided in paragraph (2). 

17 (2) CALCULATION.—In calculating eligibility for 

18 such emergency benefits, the State shall count only 

19 the cash available or accessible to the individual. 

20 (c) TIMING.— 

21 (1) APPLICATIONS.—An individual seeking 

22 emergency benefits under subsection (a) from a 

23 State shall submit an application to the State. 

24 (2) BENEFITS.—The State shall provide bene25 fits to an eligible applicant under paragraph (1) on 


smartinez on DSK4TPTVN1PROD with BILLS
42 

•HR 3841 IH

1 an expedited basis, and not later than seven days 

2 after the applicant submits an application under 

3 paragraph (1). 

4 SEC. 205. RULE OF CONSTRUCTION. 

5 (a) MORE PROTECTIVE LAWS, AGREEMENTS, PRO6 GRAMS, AND PLANS.—Nothing in this title shall be con7 strued to supersede any provision of any Federal, State, 

8 or local law, collective bargaining agreement, or employ9 ment benefits program or plan that provides— 

10 (1) greater leave rights for survivors of domes11 tic violence, dating violence, sexual assault, or stalk12 ing than the rights established under this Act; or 

13 (2) leave benefits for a larger population of sur14 vivors of domestic violence, dating violence, sexual 

15 assault, or stalking (as defined in such law, agree16 ment, program, or plan) than the survivors of do17 mestic violence, dating violence, sexual assault, or 

18 stalking covered under this Act. 

19 (b) LESS PROTECTIVE LAWS, AGREEMENTS, PRO20 GRAMS, AND PLANS.—The rights established for survivors 

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

22 stalking under this Act shall not be diminished by any 

23 State or local law, collective bargaining agreement, or em24 ployment benefits program or plan. 


smartinez on DSK4TPTVN1PROD with BILLS
43 

•HR 3841 IH

1 SEC. 206. REGULATIONS. 

2 (a) IN GENERAL.— 

3 (1) AUTHORITY TO ISSUE REGULATIONS.—Ex4 cept as provided in subsections (b), (c), and (d), the 

5 Secretary of Labor shall issue regulations to carry 

6 out this title. 

7 (2) REGULATIONS REGARDING NOTICES.—The 

8 regulations described in paragraph (1) shall include 

9 regulations requiring every employer to post and 

10 keep posted, in conspicuous places on the premises 

11 of the employer where notices to employees are cus12 tomarily placed, a notice, to be prepared or approved 

13 by the Secretary of Labor, summarizing the provi14 sions of this title and providing information on pro15 cedures for filing complaints. The Secretary of 

16 Labor shall develop such a notice and provide copies 

17 to employers upon request without charge. 

18 (b) LIBRARY OF CONGRESS.—The Librarian of Con19 gress shall prescribe the regulations described in sub20 section (a) with respect to employees of the Library of 

21 Congress. The regulations prescribed under this sub22 section shall, to the extent appropriate, be consistent with 

23 the regulations prescribed by the Secretary of Labor under 

24 subsection (a). 

25 (c) CERTAIN PUBLIC AGENCY EMPLOYERS.—The Of26 fice of Personnel Management shall prescribe the regulaVerDate Sep 11 2014 03:41 Oct 28, 2015 Jkt 059200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H3841.IH H3841

smartinez on DSK4TPTVN1PROD with BILLS
44 

•HR 3841 IH

1 tions described in subsection (a) with respect to individ2 uals described in subparagraph (A) or (B) of section 

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

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

5 an entity of the legislative branch of the Federal Govern6 ment). The regulations prescribed under this subsection 

7 shall, to the extent appropriate, be consistent with the reg8 ulations prescribed by the Secretary of Labor under sub9 section (a). 

10 (d) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST11 ANCE.—The President shall prescribe the regulations de12 scribed in subsection (a) with respect to applicants for and 

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

14 section 202(g)(3), or section 202(g)(2) due to discrimina15 tion described in section 202(g)(3). The regulations pre16 scribed under this subsection shall, to the extent appro17 priate, be consistent with the regulations prescribed by the 

18 Secretary of Labor under subsection (a). 

19 TITLE III—SURVIVORS’ 

20 EMPLOYMENT SUSTAINABILITY 

21 SEC. 301. SHORT TITLE. 

22 This title may be cited as the ‘‘Survivors’ Employ23 ment Sustainability Act’’. 


smartinez on DSK4TPTVN1PROD with BILLS
45 

•HR 3841 IH

1 SEC. 302. PROHIBITED DISCRIMINATORY ACTS. 

2 (a) IN GENERAL.—It shall be unlawful for an em3 ployer to fail or refuse to hire or discharge any individual, 

4 or otherwise discriminate (including harassment or retalia5 tion in any form or manner) against any individual with 

6 respect to the compensation, terms, conditions, or privi7 leges of employment of the individual, and it shall be un8 lawful for a public agency to deny, reduce, or terminate 

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

10 otherwise discriminate (including harassment or retalia11 tion in any form or manner) against any individual with 

12 respect to the amount, terms, or conditions of public as13 sistance of the individual, because— 

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

15 public agency involved perceives that individual to be 

16 a survivor of domestic violence, dating violence, sex17 ual assault, or stalking, or a survivor of communica18 tion of an intimate image of the individual; 

19 (2) that individual attended, participated in, 

20 prepared for, or requested leave to attend, partici21 pate in, or prepare for, a criminal or civil court pro22 ceeding relating to an incident that caused the indi23 vidual to be a survivor of domestic violence, dating 

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

25 communication of an intimate image of the indi26 vidual; 


smartinez on DSK4TPTVN1PROD with BILLS
46 

•HR 3841 IH

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

2 threatened domestic violence, dating violence, sexual 

3 assault, or stalking, or actual or threatened commu4 nication of an intimate image of the individual, re5 quested that the employer or public agency imple6 ment a reasonable safety procedure or a job-related 

7 modification to enhance the security of that indi8 vidual or safeguard the workplace involved; or 

9 (4) the workplace is disrupted or threatened by 

10 the action of a person whom that individual states 

11 has committed or threatened to commit an act that 

12 caused or would cause the individual to be a survivor 

13 of domestic violence, dating violence, sexual assault, 

14 or stalking, or a survivor of communication of an in15 timate image of the individual. 

16 (b) DEFINITIONS.—In this section: 

17 (1) COMMUNICATION OF AN INTIMATE

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

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

20 a transmission, dissemination, or receipt through 

21 electronic or other communication containing at 

22 least one intimate image of the individual that ap23 pears to have been transmitted or disseminated by 

24 a person who— 


smartinez on DSK4TPTVN1PROD with BILLS
47 

•HR 3841 IH

1 (A) obtained the image under cir2 cumstances in which a reasonable person would 

3 know or understand that the image was to re4 main private; 

5 (B) knows or should have known that the 

6 depicted individual has not consented to the dis7 closure of the image; and 

8 (C) knows or reasonably should know that 

9 the disclosure would cause harm to the depicted 

10 individual. 

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

12 used with respect to the terms, conditions, or privi13 leges of employment or with respect to the terms or 

14 conditions of public assistance, includes failing to 

15 implement, on request from an individual, in re16 sponse to actual or threatened domestic violence, 

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

18 or threatened communication of an intimate image 

19 of the individual, a reasonable safety procedure or a 

20 job-related modification to enhance the security of 

21 that individual or safeguard the workplace involved 

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

23 number or seating assignment, provision of a trans24 fer, provision of leave, modification of a schedule, or 

25 adjustment of a work requirement), unless the emVerDate Sep 11 2014 03:41 Oct 28, 2015 Jkt 059200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H3841.IH H3841

smartinez on DSK4TPTVN1PROD with BILLS
48 

•HR 3841 IH

1 ployer or public agency can demonstrate that grant2 ing the request would impose an undue hardship on 

3 the operation of the employer or public agency. 

4 (3) DOMESTIC VIOLENCE; DATING VIOLENCE; 

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

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

7 ‘‘stalking’’ have the meanings given the terms in sec8 tion 40002 of the Violence Against Women Act of 

9 1994 (42 U.S.C. 13925). 

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

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

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

13 any other recording or other image of an individual 

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

15 identifiable from the image itself or from informa16 tion displayed with or otherwise connected to the 

17 image, that— 

18 (A) was taken in a private setting; 

19 (B) does not depict a matter of public con20 cern; and 

21 (C) depicts— 

22 (i) sexual activity, including sexual 

23 intercourse or masturbation; or 


smartinez on DSK4TPTVN1PROD with BILLS
49 

•HR 3841 IH

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

2 whether nude or visible through less than 

3 opaque clothing. 

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

5 ‘‘employee’’, ‘‘employer’’, ‘‘employment benefits’’, 

6 ‘‘person’’, ‘‘public agency’’, ‘‘public assistance’’, 

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

8 violence, sexual assault, or stalking’’ have the mean9 ings given the terms in section 201. 

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

11 hardship’’ means an action requiring significant dif12 ficulty or expense. 

13 SEC. 303. ENFORCEMENT. 

14 (a) CIVIL ACTION BY INDIVIDUALS.— 

15 (1) LIABILITY.—Any employer that violates sec16 tion 302 shall be liable to any individual affected 

17 for— 

18 (A) damages equal to the amount of any 

19 wages, salary, employment benefits, or other 

20 compensation denied or lost to such individual 

21 by reason of the violation, and the interest on 

22 that amount calculated at the prevailing rate; 

23 (B) compensatory damages, including dam24 ages for future pecuniary losses, emotional 

25 pain, suffering, inconvenience, mental anguish, 


smartinez on DSK4TPTVN1PROD with BILLS
50 

•HR 3841 IH

1 loss of enjoyment or life, and other nonpecu2 niary losses; 

3 (C) such punitive damages, up to three 

4 times the amount of actual damages sustained, 

5 as the court described in paragraph (2) shall 

6 determine to be appropriate; and 

7 (D) such equitable relief as may be appro8 priate, including employment, reinstatement, 

9 and promotion. 

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

11 the damages or equitable relief prescribed in para12 graph (1) may be maintained against any employer 

13 in any Federal or State court of competent jurisdic14 tion by any one or more affected individuals de15 scribed in section 302. 

16 (b) ACTION BY SECRETARY OF LABOR.—The Sec17 retary of Labor may bring a civil action in any Federal 

18 or State court of competent jurisdiction to recover the 

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

20 (c) LIBRARY OF CONGRESS.—Notwithstanding any 

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

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

23 this section shall be exercised by the Librarian of Con24 gress. 

25 (d) CERTAIN PUBLIC AGENCY EMPLOYERS.— 


smartinez on DSK4TPTVN1PROD with BILLS
51 

•HR 3841 IH

1 (1) AGENCIES.—Notwithstanding any other 

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

3 agency that employs individuals as described in sub4 paragraph (A) or (B) of section 3(e)(2) of the Fair 

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

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

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

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

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

10 provided (in the case of a violation of section 

11 2302(b)(1)(A) of title 5, United States Code) in title 

12 5, United States Code, to an employing agency, the 

13 Office of Special Counsel, the Merit Systems Protec14 tion Board, or any person alleging a violation of 

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

16 remedies, and procedures this section provides in the 

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

18 that Office, that Board, or any person alleging a vio19 lation of section 302, respectively, concerning an em20 ployee who is an individual described in paragraph 

21 (1). 

22 (e) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST23 ANCE.—Consistent with regulations prescribed under sec24 tion 304(d), the President shall ensure that any public 

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


smartinez on DSK4TPTVN1PROD with BILLS
52 

•HR 3841 IH

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

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

3 provide to any individual who receives a less favorable 

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

5 of the violation— 

6 (1)(A) the amount of any public assistance de7 nied or lost to such individual by reason of the viola8 tion; and 

9 (B) the interest on the amount described in 

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

11 and 

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

13 SEC. 304. REGULATIONS. 

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

15 (b), (c), and (d), the Secretary of Labor shall issue regula16 tions to carry out this title. 

17 (b) LIBRARY OF CONGRESS.—The Librarian of Con18 gress shall prescribe the regulations described in sub19 section (a) with respect to employees of the Library of 

20 Congress. The regulations prescribed under this sub21 section shall, to the extent appropriate, be consistent with 

22 the regulations prescribed by the Secretary of Labor under 

23 subsection (a). 

24 (c) CERTAIN PUBLIC AGENCY EMPLOYERS.—The Of25 fice of Personnel Management, after consultation with the 


smartinez on DSK4TPTVN1PROD with BILLS
53 

•HR 3841 IH

1 Office of Special Counsel and the Merit Systems Protec2 tion Board, shall prescribe the regulations described in 

3 subsection (a) with respect to individuals described in sub4 paragraph (A) or (B) of section 3(e)(2) of the Fair Labor 

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

6 an individual employed by an entity of the legislative 

7 branch of the Federal Government). The regulations pre8 scribed under this subsection shall, to the extent appro9 priate, be consistent with the regulations prescribed by the 

10 Secretary of Labor under subsection (a). 

11 (d) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST12 ANCE.—The President shall prescribe the regulations de13 scribed in subsection (a) with respect to applicants for and 

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

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

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

17 amount, terms, or conditions of public assistance. The reg18 ulations prescribed under this subsection shall, to the ex19 tent appropriate, be consistent with the regulations pre20 scribed by the Secretary of Labor under subsection (a). 

21 SEC. 305. ATTORNEY’S FEES. 

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

23 1988(b)) is amended by inserting ‘‘the Survivors’ Employ24 ment Sustainability Act,’’ after ‘‘title VI of the Civil 

25 Rights Act of 1964,’’. 


smartinez on DSK4TPTVN1PROD with BILLS
54 

•HR 3841 IH

1 TITLE IV—ENTITLEMENT TO UN2 EMPLOYMENT COMPENSA3 TION FOR SURVIVORS OF DO4 MESTIC VIOLENCE, DATING 

5 VIOLENCE, SEXUAL ASSAULT, 

6 OR STALKING 

7 SEC. 401. UNEMPLOYMENT COMPENSATION AND TRAINING 

8 PROVISIONS. 

9 (a) UNEMPLOYMENT COMPENSATION.—Section 3304 

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

11 of State unemployment compensation laws) is amended— 

12 (1) in subsection (a)— 

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

14 at the end; 

15 (B) by redesignating paragraph (19) as 

16 paragraph (20); and 

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

18 following new paragraph: 

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

20 an individual is separated from employment due to 

21 circumstances resulting from the individual being a 

22 survivor of domestic violence, dating violence, sexual 

23 assault, or stalking, nor shall States impose addi24 tional conditions that restrict the individual’s eligi25 bility for or receipt of benefits beyond those required 


smartinez on DSK4TPTVN1PROD with BILLS
55 

•HR 3841 IH

1 of other individuals who are forced to leave their 

2 jobs or are deemed to have good cause for volun3 tarily separating from a job in the State; and’’; and 

4 (2) by adding at the end the following new sub5 section: 

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

7 (a)(19)— 

8 ‘‘(1) DOCUMENTATION.—In determining eligi9 bility for compensation due to circumstances result10 ing from an individual being a survivor of domestic 

11 violence, dating violence, sexual assault, or stalk12 ing— 

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

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

15 of documentation that may be presented to 

16 demonstrate eligibility; and 

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

18 of documentation shall be sufficient to dem19 onstrate eligibility, except that a State may re20 quire the presentation of a form of identifica21 tion in addition to the sworn statement of appli22 cant described in paragraph (2)(A). 

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

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


smartinez on DSK4TPTVN1PROD with BILLS
56 

•HR 3841 IH

1 minimum, include the following forms of documenta2 tion: 

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

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

5 the applicant. 

6 ‘‘(C) Documentation from an employee or 

7 volunteer working for a survivor services organi8 zation, an attorney, a police officer, a medical 

9 professional, a social worker, an antiviolence 

10 counselor, a member of the clergy, or another 

11 professional, affirming that the applicant is a 

12 survivor of domestic violence, dating violence, 

13 sexual assault, or stalking. 

14 ‘‘(3) DEFINITIONS.—The terms ‘domestic vio15 lence’, ‘dating violence’, ‘sexual assault’, ‘stalking’, 

16 ‘survivor of domestic violence, dating violence, sexual 

17 assault, or stalking’, and ‘survivor services organiza18 tion’ have the meanings given such terms in section 

19 201 of the Security and Financial Empowerment 

20 Act of 2015.’’. 

21 (b) UNEMPLOYMENT COMPENSATION PERSONNEL

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

23 U.S.C. 503(a)) is amended— 


smartinez on DSK4TPTVN1PROD with BILLS
57 

•HR 3841 IH

1 (1) by redesignating paragraphs (4) through 

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

3 and 

4 (2) by inserting after paragraph (3) the fol5 lowing new paragraph: 

6 ‘‘(4) Such methods of administration as will en7 sure that— 

8 ‘‘(A) applicants for unemployment com9 pensation and individuals inquiring about such 

10 compensation are adequately notified of the 

11 provisions of subsections (a)(19) and (g) of sec12 tion 3304 of the Internal Revenue Code of 1986 

13 (relating to the availability of unemployment 

14 compensation for survivors of domestic violence, 

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

16 ‘‘(B) claims reviewers and hearing per17 sonnel are adequately trained in— 

18 ‘‘(i) the nature and dynamics of do19 mestic violence, dating violence, sexual as20 sault, or stalking (as such terms are de21 fined in section 201 of the Security and 

22 Financial Empowerment Act of 2015); and 

23 ‘‘(ii) methods of ascertaining and 

24 keeping confidential information about pos25 sible experiences of domestic violence, datVerDate Sep 11 2014 03:41 Oct 28, 2015 Jkt 059200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H3841.IH H3841

smartinez on DSK4TPTVN1PROD with BILLS
58 

•HR 3841 IH

1 ing violence, sexual assault, or stalking (as 

2 so defined) to ensure that— 

3 ‘‘(I) requests for unemployment 

4 compensation based on separations 

5 stemming from domestic violence, dat6 ing violence, sexual assault, or stalk7 ing (as so defined) are reliably 

8 screened, identified, and adjudicated; 

9 and 

10 ‘‘(II) full confidentiality is pro11 vided for the individual’s claim and 

12 submitted evidence; and’’. 

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

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

15 by adding at the end the following new paragraph: 

16 ‘‘(8) CERTIFICATION THAT THE STATE WILL

17 PROVIDE INFORMATION TO SURVIVORS OF DOMESTIC

18 VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR

19 STALKING.—A certification by the chief officer of 

20 the State that the State has established and is en21 forcing standards and procedures to— 

22 ‘‘(A) ensure that applicants for assistance 

23 under the program and individuals inquiring 

24 about such assistance are adequately notified 

25 of— 


smartinez on DSK4TPTVN1PROD with BILLS
59 

•HR 3841 IH

1 ‘‘(i) the provisions of subsections 

2 (a)(19) and (g) of section 3304 of the In3 ternal Revenue Code of 1986 (relating to 

4 the availability of unemployment com5 pensation for survivors of domestic vio6 lence, dating violence, sexual assault, or 

7 stalking); and 

8 ‘‘(ii) assistance made available by the 

9 State to survivors of domestic violence, 

10 dating violence, sexual assault, or stalking 

11 (as defined in section 201 of the Security 

12 and Financial Empowerment Act of 2015); 

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

14 agency personnel responsible for administering 

15 the State program funded under this part are 

16 adequately trained in— 

17 ‘‘(i) the nature and dynamics of do18 mestic violence, dating violence, sexual as19 sault, or stalking (as such terms are de20 fined in section 201 of the Security and 

21 Financial Empowerment Act of 2015); 

22 ‘‘(ii) State standards and procedures 

23 relating to the prevention of, and assist24 ance for individuals who are survivors of, 


smartinez on DSK4TPTVN1PROD with BILLS
60 

•HR 3841 IH

1 domestic violence, dating violence, sexual 

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

3 ‘‘(iii) methods of ascertaining and 

4 keeping confidential information about pos5 sible experiences of domestic violence, dat6 ing violence, sexual assault, or stalking (as 

7 so defined); 

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

9 enforce standards and procedures regarding the 

10 screening for, and identification of, domestic vi11 olence pursuant to paragraph (7), ensure 

12 that— 

13 ‘‘(i) applicants for assistance under 

14 the program and individuals inquiring 

15 about such assistance are adequately noti16 fied of options available under such stand17 ards and procedures; and 

18 ‘‘(ii) case workers and other agency 

19 personnel responsible for administering the 

20 State program funded under this part are 

21 provided with adequate training regarding 

22 such standards and procedures and options 

23 available under such standards and proce24 dures; and 


smartinez on DSK4TPTVN1PROD with BILLS
61 

•HR 3841 IH

1 ‘‘(D) ensure that the training required 

2 under subparagraphs (B) and, if applicable, 

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

4 operated by an eligible entity (as defined in sec5 tion 401(d)(2) of the Security and Financial 

6 Empowerment Act of 2015).’’. 

7 (d) DOMESTIC VIOLENCE, DATING VIOLENCE, SEX8 UAL ASSAULT, OR STALKING TRAINING GRANT PRO9 GRAM.— 

10 (1) GRANTS AUTHORIZED.—The Secretary of 

11 Labor (in this subsection referred to as the ‘‘Sec12 retary’’) is authorized to award— 

13 (A) a grant to a national survivor services 

14 organization in order for such organization to— 

15 (i) develop and disseminate a model 

16 training program (and related materials) 

17 for the training required under section 

18 303(a)(4)(B) of the Social Security Act, as 

19 added by subsection (b), and under sub20 paragraphs (B) and, if applicable, (C)(ii) 

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

22 by subsection (c); and 

23 (ii) provide technical assistance with 

24 respect to such model training program; 

25 and 


smartinez on DSK4TPTVN1PROD with BILLS
62 

•HR 3841 IH

1 (B) grants to State, tribal, or local agen2 cies in order for such agencies to contract with 

3 eligible entities to provide State, tribal, or local 

4 case workers and other State, tribal, or local 

5 agency personnel responsible for administering 

6 the temporary assistance to needy families pro7 gram established under part A of title IV of the 

8 Social Security Act in a State or Indian res9 ervation with the training required under sub10 paragraphs (B) and, if applicable, (C)(ii) of 

11 such section 402(a)(8). 

12 (2) ELIGIBLE ENTITY DEFINED.—For purposes 

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

14 means an entity— 

15 (A) that is— 

16 (i) a State or tribal domestic violence 

17 coalition or sexual assault coalition; 

18 (ii) a State or local survivor services 

19 organization with recognized expertise in 

20 the dynamics of domestic violence, dating 

21 violence, sexual assault, or stalking whose 

22 primary mission is to provide services to 

23 survivors of domestic violence, dating vio24 lence, sexual assault, or stalking, such as 


smartinez on DSK4TPTVN1PROD with BILLS
63 

•HR 3841 IH

1 a rape crisis center or domestic violence 

2 program; or 

3 (iii) an organization with dem4 onstrated expertise in State or county wel5 fare laws and implementation of such laws 

6 and experience with disseminating informa7 tion on such laws and implementation, but 

8 only if such organization will provide the 

9 required training in partnership with an 

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

11 (B) that— 

12 (i) has demonstrated expertise in the 

13 dynamics of both domestic violence and 

14 sexual assault, such as a joint domestic vi15 olence and sexual assault coalition; or 

16 (ii) will provide the required training 

17 in partnership with an entity described in 

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

19 order to comply with the dual domestic vio20 lence and sexual assault expertise require21 ment under clause (i). 

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

23 under this subsection shall submit an application to 

24 the Secretary at such time, in such form and manVerDate Sep 11 2014 03:41 Oct 28, 2015 Jkt 059200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H3841.IH H3841

smartinez on DSK4TPTVN1PROD with BILLS
64 

•HR 3841 IH

1 ner, and containing such information as the Sec2 retary specifies. 

3 (4) REPORTS.— 

4 (A) REPORTS TO CONGRESS.—The Sec5 retary shall annually submit a report to Con6 gress on the grant program established under 

7 this subsection. 

8 (B) REPORTS AVAILABLE TO PUBLIC.— 

9 The Secretary shall establish procedures for the 

10 dissemination to the public of each report sub11 mitted under subparagraph (A). Such proce12 dures shall include the use of the Internet to 

13 disseminate such reports. 

14 (5) AUTHORIZATION OF APPROPRIATIONS.— 

15 (A) AUTHORIZATION.—There are author16 ized to be appropriated— 

17 (i) $1,000,000 for fiscal year 2016 to 

18 carry out the provisions of paragraph 

19 (1)(A); and 

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

21 years 2017 through 2020 to carry out the 

22 provisions of paragraph (1)(B). 

23 (B) THREE-YEAR AVAILABILITY OF GRANT

24 FUNDS.—Each recipient of a grant under this 

25 subsection shall return to the Secretary any unVerDate Sep 11 2014 03:41 Oct 28, 2015 Jkt 059200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H3841.IH H3841

smartinez on DSK4TPTVN1PROD with BILLS
65 

•HR 3841 IH

1 used portion of such grant not later than 3 

2 years after the date the grant was awarded, to3 gether with any earnings on such unused por4 tion. 

5 (C) AMOUNTS RETURNED.—Any amounts 

6 returned pursuant to subparagraph (B) shall be 

7 available without further appropriation to the 

8 Secretary for the purpose of carrying out the 

9 provisions of paragraph (1)(B). 

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

11 (1) MORE PROTECTIVE LAWS, AGREEMENTS, 

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

13 be construed to supersede any provision of any Fed14 eral, State, or local law, collective bargaining agree15 ment, or employment benefits program or plan that 

16 provides greater unemployment insurance benefits 

17 for survivors of domestic violence, dating violence, 

18 sexual assault, or stalking than the rights estab19 lished under this title. 

20 (2) LESS PROTECTIVE LAWS, AGREEMENTS, 

21 PROGRAMS, AND PLANS.—The rights established for 

22 survivors of domestic violence, dating violence, sex23 ual assault, or stalking under this title shall not be 

24 diminished by any more restrictive State or local 


smartinez on DSK4TPTVN1PROD with BILLS
66 

•HR 3841 IH

1 law, collective bargaining agreement, or employment 

2 benefits program or plan. 

3 (f) EFFECTIVE DATE.— 

4 (1) UNEMPLOYMENT AMENDMENTS.— 

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

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

7 amendments made by this section shall apply in 

8 the case of compensation paid for weeks begin9 ning on or after the expiration of 180 days 

10 from the date of enactment of this Act. 

11 (B) EXTENSION OF EFFECTIVE DATE FOR

12 STATE LAW AMENDMENT.— 

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

14 Labor identifies a State as requiring a 

15 change to its statutes, regulations, or poli16 cies in order to comply with the amend17 ments made by this section (excluding the 

18 amendment made by subsection (c)), such 

19 amendments shall apply in the case of 

20 compensation paid for weeks beginning 

21 after the earlier of— 

22 (I) the date the State changes its 

23 statutes, regulations, or policies in 

24 order to comply with such amend25 ments; or 


smartinez on DSK4TPTVN1PROD with BILLS
67 

•HR 3841 IH

1 (II) the end of the first session of 

2 the State legislature which begins 

3 after the date of enactment of this 

4 Act or which began prior to such date 

5 and remained in session for at least 

6 25 calendar days after such date, 

7 except that in no case shall such amend8 ments apply before the date that is 180 

9 days after the date of enactment of this 

10 Act. 

11 (ii) SESSION DEFINED.—In this sub12 paragraph, the term ‘‘session’’ means a 

13 regular, special, budget, or other session of 

14 a State legislature. 

15 (2) TANF AMENDMENT.— 

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

17 subparagraph (B), the amendment made by 

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

19 enactment of this Act. 

20 (B) EXTENSION OF EFFECTIVE DATE FOR

21 STATE LAW AMENDMENT.—In the case of a 

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

23 Security Act which the Secretary of Health and 

24 Human Services determines requires State ac25 tion (including legislation, regulation, or other 


smartinez on DSK4TPTVN1PROD with BILLS
68 

•HR 3841 IH

1 administrative action) in order for the plan to 

2 meet the additional requirements imposed by 

3 the amendment made by subsection (c), the 

4 State plan shall not be regarded as failing to 

5 comply with the requirements of such amend6 ment on the basis of its failure to meet these 

7 additional requirements before the first day of 

8 the first calendar quarter beginning after the 

9 close of the first regular session of the State 

10 legislature that begins after the date of enact11 ment of this Act. For purposes of the previous 

12 sentence, in the case of a State that has a two13 year legislative session, each year of the session 

14 is considered to be a separate regular session of 

15 the State legislature. 

16 (g) DEFINITIONS.—In this section, the terms ‘‘do17 mestic violence’’, ‘‘dating violence’’, ‘‘sexual assault’’, 

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

19 sexual assault, or stalking’’, and ‘‘survivor services organi20 zation’’ have the meanings given such terms in section 

21 201. 


smartinez on DSK4TPTVN1PROD with BILLS
69 

•HR 3841 IH

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, 


smartinez on DSK4TPTVN1PROD with BILLS
70 

•HR 3841 IH

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. 


smartinez on DSK4TPTVN1PROD with BILLS
71 

•HR 3841 IH

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. 


smartinez on DSK4TPTVN1PROD with BILLS
72 

•HR 3841 IH

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 


smartinez on DSK4TPTVN1PROD with BILLS
73 

•HR 3841 IH

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 


smartinez on DSK4TPTVN1PROD with BILLS
74 

•HR 3841 IH

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, 


smartinez on DSK4TPTVN1PROD with BILLS
75 

•HR 3841 IH

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. 


smartinez on DSK4TPTVN1PROD with BILLS
76 

•HR 3841 IH

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 


smartinez on DSK4TPTVN1PROD with BILLS
77 

•HR 3841 IH

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 


smartinez on DSK4TPTVN1PROD with BILLS
78 

•HR 3841 IH

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 03:41 Oct 28, 2015 Jkt 059200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H3841.IH H3841

smartinez on DSK4TPTVN1PROD with BILLS
79 

•HR 3841 IH

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) STUDY.—The Secretary of Health and Human 

11 Services, in consultation with the Secretary of Labor, shall 

12 conduct a study on the barriers that survivors of domestic 

13 violence, dating violence, sexual assault, or stalking 

14 throughout the United States experience in maintaining 

15 economic security as a result of issues related to domestic 

16 violence, dating violence, sexual assault, or stalking. 

17 (b) REPORTS.—Not later than January 1, 2017, and 

18 every five years thereafter, the Secretary of Health and 

19 Human Services, in consultation with the Secretary of 

20 Labor, shall submit a report to Congress on the study con21 ducted under subsection (a). 

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

23 section shall include— 

24 (1) identification of geographic areas in which 

25 State laws, regulations, and practices have a strong 


smartinez on DSK4TPTVN1PROD with BILLS
80 

•HR 3841 IH

1 impact on the ability of survivors of domestic vio2 lence, dating violence, sexual assault, or stalking to 

3 exercise— 

4 (A) any rights under this Act without com5 promising personal safety or the safety of oth6 ers, including family members and excluding 

7 the abuser; and 

8 (B) other components of economic security; 

9 (2) identification of geographic areas with 

10 shortages in resources for such survivors, with an 

11 accompanying analysis of the extent and impact of 

12 such shortage; 

13 (3) analysis of factors related to industries, 

14 workplace settings, employer practices, trends, and 

15 other elements that impact the ability of such sur16 vivors to exercise any rights under this Act without 

17 compromising personal safety or the safety of others, 

18 including family members; 

19 (4) the recommendations of the Secretary of 

20 Health and Human Services and the Secretary of 

21 Labor with respect to resources, oversight, and en22 forcement tools to ensure successful implementation 

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

24 economic security and safety of survivors of domestic 


smartinez on DSK4TPTVN1PROD with BILLS
81 

•HR 3841 IH

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

2 and 

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

4 carriers, insurers, and other private entities in ad5 dressing issues related to domestic violence, dating 

6 violence, sexual assault, or stalking. 

7 SEC. 512. DOMESTIC VIOLENCE, DATING VIOLENCE, SEX8 UAL ASSAULT, AND STALKING EDUCATION 

9 AND INFORMATION PROGRAMS FOR SUR10 VIVORS. 

11 (a) DEFINITIONS.—In this section, the terms ‘‘em12 ploy’’, ‘‘employee’’, ‘‘employer’’, and ‘‘State’’ have the 

13 meanings given such terms in section 201. 

14 (b) PUBLIC EDUCATION PROGRAM.— 

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

16 conjunction with the Secretary of Health and 

17 Human Services (through the Director of the Cen18 ters for Disease Control and Prevention and the 

19 grant recipient carrying out the National Resource 

20 Center on Domestic Violence) and the Attorney Gen21 eral (through the Principal Deputy Director of the 

22 Office on Violence Against Women), shall coordinate 

23 and provide for a national public outreach and edu24 cation campaign to raise public awareness of domes25 tic violence, dating violence, sexual assault, and 


smartinez on DSK4TPTVN1PROD with BILLS
82 

•HR 3841 IH

1 stalking, including outreach and education for em2 ployers, service providers, teachers, and other key 

3 partners. 

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

5 in conjunction with the Secretary of Health and 

6 Human Services and the Attorney General, as de7 scribed in paragraph (1), may disseminate informa8 tion through the public outreach and education cam9 paign on the resources and rights referred to in this 

10 subsection directly or through arrangements with 

11 health agencies, professional and nonprofit organiza12 tions, consumer groups, labor organizations, institu13 tions of higher education, clinics, the media, and 

14 Federal, State, and local agencies. 

15 (3) INFORMATION.—The information dissemi16 nated under paragraph (2) shall include, at a min17 imum, a description of— 

18 (A) the resources and rights that are— 

19 (i) available to survivors of domestic 

20 violence, dating violence, sexual assault, or 

21 stalking; and 

22 (ii) established in this Act and the Vi23 olence Against Women Act of 1994 (42 

24 U.S.C. 13925 et seq.); 


smartinez on DSK4TPTVN1PROD with BILLS
83 

•HR 3841 IH

1 (B) guidelines and best practices on pre2 vention of domestic violence, dating violence, 

3 stalking, and sexual assault; 

4 (C) resources that promote healthy rela5 tionships and communication skills; 

6 (D) resources that encourage bystander 

7 intervention in a situation involving domestic vi8 olence, dating violence, stalking, or sexual as9 sault; 

10 (E) resources that promote workplace poli11 cies that support and help maintain the eco12 nomic security of survivors of domestic violence, 

13 dating violence, sexual assault, or stalking; and 

14 (F) resources and rights that the heads of 

15 Federal agencies described in paragraph (2) de16 termine are appropriate to include. 

17 (c) INFORMATION PROGRAM FOR EMPLOYERS.— 

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

19 the Secretary of Health and Human Services, in 

20 consultation with major women’s advocacy groups 

21 and medical and public health organizations, shall 

22 develop and disseminate to employers information on 

23 the entitlement of survivors of domestic violence, 

24 dating violence, sexual assault, or stalking to safe 

25 leave under title II. 


smartinez on DSK4TPTVN1PROD with BILLS
84 

•HR 3841 IH

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

4 (A) information describing employers’ re5 sponsibilities and employees’ rights under title 

6 II; 

7 (B) recommendations for carrying out 

8 those responsibilities and providing for those 

9 rights; 

10 (C) recommendations for supporting em11 ployees when the employees seek safe leave 

12 under title II; 

13 (D) information on best practices for sup14 porting survivors of domestic violence, dating 

15 violence, sexual assault, or stalking; 

16 (E) information on best practices for pre17 venting domestic violence, dating violence, sex18 ual assault, and stalking; and 

19 (F) information explaining how to obtain 

20 additional copies of the information developed 

21 under paragraph (1) for distribution to the em22 ployees. 

23 (d) STUDY ON WORKPLACE RESPONSES.—The Sec24 retary of Labor, in conjunction with the Secretary of 

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


smartinez on DSK4TPTVN1PROD with BILLS
85 

•HR 3841 IH

1 status of workplace responses to employees who experience 

2 domestic violence, dating violence, sexual assault, or stalk3 ing while employed, in each State and nationally, to im4 prove the access of survivors of domestic violence, dating 

5 violence, sexual assault, or stalking to supportive resources 

6 and economic security. 

7 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

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

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

10 2016 through 2020. 

11 SEC. 513. INVESTING IN PUBLIC HEALTH INFRASTRUCTURE 

12 TO IMPROVE SUPPORT FOR SURVIVORS. 

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

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

15 ‘‘314’’ and all that follows and inserting ‘‘314 

16 $15,000,000 for each of fiscal years 2016 through 2020.’’. 

17 SEC. 514. FINANCIAL LITERACY AND ADVOCACY FOR SUR18 VIVORS OF DOMESTIC VIOLENCE, DATING VI19 OLENCE, SEXUAL ASSAULT, OR STALKING. 

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

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

22 (1) a State or tribal domestic violence coalition 

23 or sexual assault coalition, consistent with this Act; 

24 (2) a State or local survivor services organiza25 tion; or 


smartinez on DSK4TPTVN1PROD with BILLS
86 

•HR 3841 IH

1 (3) an organization with demonstrated expertise 

2 in providing financial literacy support and advocacy 

3 services, but only if such organization will provide 

4 such support and services in partnership with an en5 tity described in paragraph (1) or (2). 

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

7 and Human Services is authorized to award competitive 

8 grants to eligible entities to— 

9 (1) develop and disseminate a model program, 

10 and related materials, for providing financial literacy 

11 support and advocacy services to survivors of domes12 tic violence, dating violence, sexual assault, or stalk13 ing, and such support and services shall take place 

14 in national resource centers, established and oper15 ated under section 41501 of the Violence Against 

16 Women Act of 1994 (42 U.S.C. 14043f); and 

17 (2) provide technical assistance with respect to 

18 such model program. 

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

20 grant under this section shall submit an application to the 

21 Secretary of Health and Human Services at such time, 

22 in such form and manner, and containing such informa23 tion as the Secretary specifies. 

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

25 Health and Human Services shall annually submit a reVerDate Sep 11 2014 03:41 Oct 28, 2015 Jkt 059200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H3841.IH H3841

smartinez on DSK4TPTVN1PROD with BILLS
87 

•HR 3841 IH

1 port to Congress on the grant program established under 

2 this section. 

3 (e) AUTHORIZATION OF APPROPRIATIONS.— 

4 (1) AUTHORIZATION.—There is authorized to 

5 be appropriated $1,000,000 for fiscal year 2016 to 

6 carry out this section. 

7 (2) THREE-YEAR AVAILABILITY OF GRANT

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

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

10 recipient of such grant shall return to the Secretary 

11 of Health and Human Services any unused portion 

12 of such grant, together with any earnings on such 

13 unused portion. 

14 TITLE VI—SEVERABILITY 

15 SEC. 601. SEVERABILITY. 

16 If any provision of this Act, any amendment made 

17 by this Act, or the application of such provision or amend18 ment to any person or circumstance is held to be unconsti19 tutional, the remainder of the provisions of this Act, the 

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

21 provisions or amendments to any person or circumstance 

22 shall not be affected. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS