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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5132 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5132

 To promote the economic security and safety of survivors of domestic 
 violence, dating violence, sexual assault, or stalking, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 19, 2024

 Mrs. Murray (for herself, Ms. Baldwin, Mr. Blumenthal, Mr. Casey, Ms. 
Hirono, Ms. Klobuchar, Mr. Padilla, Mr. Sanders, Mrs. Shaheen, and Mr. 
  Van Hollen) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
 To promote the economic security and safety of survivors of domestic 
 violence, dating violence, sexual assault, or stalking, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Security And 
Financial Empowerment for Survivors Act of 2024'' or the ``SAFE for 
Survivors Act of 2024''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Rule of construction regarding more protective laws, 
                            agreements, programs, and plans.
Sec. 5. Arbitration.
    TITLE I--REAUTHORIZATION OF NATIONAL RESOURCE CENTER GRANTS ON 
 WORKPLACE RESPONSES TO ASSIST VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE

Sec. 101. Grant program reauthorization.
    TITLE II--SAFE LEAVE FOR ADDRESSING QUALIFYING ACTS OF VIOLENCE

Sec. 201. Entitlement to safe leave for addressing domestic violence, 
                            dating violence, sexual assault, or 
                            stalking.
Sec. 202. Prohibited acts.
Sec. 203. Enforcement.
Sec. 204. Existing leave usable for a qualifying act of violence.
Sec. 205. Emergency benefits.
Sec. 206. Regulations.
            TITLE III--SURVIVORS' EMPLOYMENT SUSTAINABILITY

Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Prohibited discriminatory acts.
Sec. 304. Remedies and enforcement.
Sec. 305. Rulemaking.
Sec. 306. Attorney's fees.
  TITLE IV--ENTITLEMENT TO UNEMPLOYMENT COMPENSATION FOR VICTIMS OF A 
                       QUALIFYING ACT OF VIOLENCE

Sec. 401. Unemployment compensation for victims of a qualifying act of 
                            violence.
TITLE V--INSURANCE PROTECTIONS AND SUPPORT FOR VICTIMS OF A QUALIFYING 
                            ACT OF VIOLENCE

                   Subtitle A--Insurance Protections

Sec. 501. Definitions.
Sec. 502. Discriminatory acts prohibited.
Sec. 503. Insurance protocols for victims of a qualifying act of 
                            violence.
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 Victims

Sec. 511. Qualifying acts of violence education and information 
                            programs for victims.
Sec. 512. Investing in public health infrastructure to improve support 
                            for victims.
                         TITLE VI--SEVERABILITY

Sec. 601. Severability.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Gender-based violence is prevalent in the United 
        States. According to the Centers for Disease Control and 
        Prevention, almost 1 in 4 women report having experienced 
        severe physical violence from an intimate partner in their 
        lifetime and 1 in 4 women reported an attempted or completed 
        rape during their lifetime. Such violence has a devastating 
        impact on women's physical and emotional health, financial 
        security, and ability to maintain their jobs, and thus impacts 
        interstate commerce and economic security.
            (2) A large percentage of the workforce are survivors of 
        domestic and sexual violence, and many of them struggle to 
        remain connected to the workforce as they face numerous 
        challenges in obtaining and maintaining employment as a 
        consequence of the abuse.
            (3) The Office on Violence Against Women of the Department 
        of Justice defines domestic violence as a pattern of abusive 
        behavior in any relationship that is used by one intimate 
        partner to gain or maintain power and control over another 
        intimate partner. Domestic violence can include physical, 
        sexual, emotional, economic, or psychological actions or 
        threats of actions that influence another person. Domestic 
        violence includes any behaviors that intimidate, manipulate, 
        humiliate, isolate, frighten, terrorize, coerce, threaten, 
        blame, hurt, injure, or wound an individual.
            (4) Homicide is one of the leading causes of death for 
        women on the job. Domestic partners or relatives commit 43 
        percent of workplace homicides against women. One study found 
        that intimate partner violence resulted in 142 homicides among 
        women at work in the United States from 2003 to 2008, a figure 
        which represents 22 percent of the 648 workplace homicides 
        among women during the period. In fact, in 2010, homicides 
        against women at work increased by 13 percent despite 
        continuous declines in overall workplace homicides in recent 
        years.
            (5) Women in the United States are 28 times more likely to 
        be murdered with guns than women in other high-income 
        countries. Female intimate partners are more likely to be 
        murdered with a firearm than all other means combined. The 
        presence of a gun in domestic violence situations increases the 
        risk of homicide for women by 500 percent.
            (6) Violence can have a dramatic impact on the survivor of 
        such violence. Studies indicate that 44 percent of surveyed 
        employed adults experienced the effect of domestic violence in 
        the workplace, domestic violence victims report that they lost 
        a job, and 1 in 3 domestic violence victims report that they 
        lost a job due to domestic violence. Another recent survey 
        found that 78 percent of offenders used workplace resources to 
        express anger, check up on, pressure, or threaten a survivor of 
        sexual assault, whether occurring in or out of the workplace, 
        can impair an employee's work performance, require time away 
        from work, and undermine the employee's ability to maintain a 
        job. Nearly 50 percent of sexual assault survivors lose their 
        jobs or are forced to quit in the aftermath of the assaults.
            (7) In a study commission by the Office on Violence Against 
        Women of the Department of Justice, 66 percent of respondents 
        said an abusive partner had disrupted their ability to complete 
        education or training through tactics such as not allowing them 
        access to money to pay for school, socially isolating the 
        survivor, controlling or monitoring their mobility, using 
        physical or sexual violence, and damaging or destroying 
        personal property.
            (8) Significant barriers survivors confront include 
        housing, transportation, and child care. Ninety-two percent of 
        homeless women have experienced domestic violence, and more 
        than 50 percent cite domestic violence as the direct cause for 
        homelessness. Survivors are deprived of their autonomy, 
        liberty, and security, and face tremendous threats to their 
        health and safety.
            (9) The National Institutes of Health report that survivors 
        of severe intimate partner violence lose nearly 8,000,000 days 
        of paid work, which is the equivalent of more than 32,000 full-
        time jobs and almost 5,600,000 days of household productivity 
        each year. Therefore, women disproportionately need time off to 
        care for their health or to find safety solutions, such as 
        obtaining a restraining order or finding housing, to avoid or 
        prevent further violence.
            (10) Annual costs of intimate partner violence are 
        estimated over $8,300,000,000. According to the Centers for 
        Disease Control and Prevention, the costs of intimate partner 
        violence against women in 1995 exceeded an estimated 
        $5,800,000,000. These costs included nearly $4,100,000,000 in 
        the direct costs of medical and mental health care and nearly 
        $1,800,000,000 in the indirect costs of lost productivity. 
        These statistics are generally considered to be underestimated 
        because the costs associated with the criminal justice system 
        are not included.
            (11) Studies estimate that work days lost due to intimate 
        partner violence, sexual violence, or stalking over victims' 
        lifetimes are worth an estimated $137,800,000,000 (calculated 
        using 2022 dollars). According to the Bureau of Justice 
        Statistics, about 3,400,000 of all persons age 16 or older were 
        victims of stalking in 2019. Moreover, 17 percent of stalking 
        victims describe losing a job or job opportunities, 1 in 8 
        employed stalking victims lose time from work as a result of 
        their victimization, and more than half lose 5 days of work or 
        more.
            (12) Fifty-five percent of senior executives recently 
        surveyed said domestic violence has a harmful effect on their 
        company's productivity. Seventy-eight percent of human 
        resources professionals consider partner violence a workplace 
        issue. However, more than 70 percent of United States 
        workplaces have no formal program or policy that addresses 
        workplace violence, let alone domestic violence. In fact, only 
        20 percent of employers provided training on domestic violence.
            (13) Studies indicate that one of the best predictors of 
        whether a survivor will be able to stay away from his or her 
        abuser is the degree of his or her economic independence. 
        However, domestic violence, dating violence, sexual assault, 
        and stalking often negatively impact a survivor's ability to 
        maintain employment.
            (14) Abusers frequently seek to exert financial control 
        over their partners by actively interfering with their ability 
        to work, including preventing their partners from going to 
        work, harassing their partners at work, limiting their 
        partners' access to cash or transportation, and sabotaging 
        their partners' child care arrangements.
            (15) Economic abuse refers to behaviors that control an 
        intimate partner's ability to acquire, use, and maintain access 
        to, money, credit, ownership of assets, or access to 
        governmental or private financial benefits, including 
        defaulting on joint obligations (e.g. school loans, credit card 
        debt, mortgage, or rent). Other forms may include--
                    (A) preventing someone from attending school;
                    (B) threatening to or actually terminating 
                employment;
                    (C) controlling or withholding access to cash, 
                checking, or credit accounts; and
                    (D) attempts to damage or sabotage an intimate 
                partner's creditworthiness, including forcing a 
                survivor to write bad checks, taking on debt in the 
                survivor's name, including forcing a survivor to 
                default on payments related to household needs, such as 
                housing, or forcing a survivor into bankruptcy.
            (16) Economic abuse is a significant aspect of teen dating 
        violence, and has harmful long-term impacts on educational 
        attainment, employment opportunities, and financial 
        independence.
            (17) The Patient Protection and Affordable Care Act (Public 
        Law 111-148), and the amendments made by such Act, ensures that 
        most health plans must cover preventive services, including 
        screening and counseling for domestic violence, at no 
        additional cost. In addition, it prohibits insurance companies 
        from discriminating against patients for preexisting 
        conditions, like domestic violence.
            (18) Yet, more can be done to help survivors. Federal law 
        in effect on the day before the date of enactment of this Act 
        does not explicitly--
                    (A) authorize survivors of domestic violence, 
                dating violence, sexual assault, or stalking to take 
                leave from work to seek legal assistance and redress, 
                counseling, or assistance with safety planning 
                activities;
                    (B) address the eligibility of survivors of 
                domestic violence, dating violence, sexual assault, 
                stalking, sexual harassment, family violence, gender-
                based violence and harassment, or trafficking for 
                unemployment compensation;
                    (C) provide job protection to survivors of domestic 
                violence, dating violence, sexual assault, stalking, 
                sexual harassment, family violence, gender-based 
                violence and harassment, or trafficking;
                    (D) prohibit insurers and employers who self-insure 
                employee benefits from discriminating against survivors 
                of domestic violence, dating violence, sexual assault, 
                stalking, sexual harassment, family violence, gender-
                based violence and harassment, or trafficking, and 
                those who help them in determining eligibility, rates 
                charged, and standards for payment of claims; or
                    (E) prohibit insurers from disclosing information 
                about abuse and the location of the survivors through 
                insurance databases and other means.
            (19) October is National Domestic Violence Awareness Month.
            (20) This Act aims to empower survivors of domestic 
        violence, dating violence, sexual assault, or stalking to be 
        free from violence, hardship, and control, which restrains 
        basic human rights to freedom and safety in the United States.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Communication of an intimate visual depiction.--
                    (A) In general.--The term ``communication of an 
                intimate visual depiction'', when used with respect to 
                an individual, includes a transmission, dissemination, 
                or receipt through electronic or other communication 
                containing at least 1 intimate visual depiction of the 
                individual without the individual's consent.
                    (B) Definitions.--In this paragraph:
                            (i) Intimate visual depiction.--The term 
                        ``intimate visual depiction'' means any--
                                    (I) photograph, motion picture 
                                film, videotape, digital image, image 
                                from social media, or any other 
                                recording or other image of an 
                                individual (other than the person 
                                taking the image), which individual is 
                                identifiable from the image itself or 
                                from information displayed with or 
                                otherwise connected to the image, that 
                                depicts--
                                            (aa) sexual activity, 
                                        including sexual intercourse or 
                                        masturbation; or
                                            (bb) an individual's 
                                        intimate body parts, whether 
                                        nude or visible through less 
                                        than opaque clothing; or
                                    (II) deepfake of the individual 
                                used to realistically depict the 
                                individual such that a reasonable 
                                person would believe the individual is 
                                actually depicted, that depicts--
                                            (aa) sexual activity, 
                                        including sexual intercourse or 
                                        masturbation; or
                                            (bb) an individual's 
                                        intimate body parts, whether 
                                        nude or visible through less 
                                        than opaque clothing.
                            (ii) Consent.--The term ``consent'' means 
                        an affirmative, conscious, and voluntary 
                        authorization made by an individual free from 
                        force, fraud, duress, misrepresentation, or 
                        coercion.
                            (iii) Deepfake.--The term ``deepfake'' 
                        means a video or image that is generated or 
                        substantially modified using machine-learning 
                        techniques or any other computer-generated or 
                        machine-generated means to falsely depict an 
                        individual's appearance or conduct.
            (2) Dating violence; sexual assault; stalking.--The terms 
        ``dating violence'', ``sexual assault'', and ``stalking'' have 
        the meanings given the terms in section 40002 of the Violence 
        Against Women Act of 1994 (34 U.S.C. 12291).
            (3) Domestic partner.--
                    (A) In general.--The term ``domestic partner'', 
                with respect to an individual, means another individual 
                with whom the first individual is in a committed 
                relationship, as defined under subparagraph (B).
                    (B) Committed relationship.--In this paragraph, the 
                term ``committed relationship'' means a relationship in 
                which the covered individual, and the domestic partner 
                of the covered individual, share responsibility for a 
                significant measure of each other's common welfare. 
                This includes any relationship between individuals of 
                the same or different sex that is granted legal 
                recognition by a State or other political subdivision 
                as a marriage or analogous relationship (including a 
                civil union).
            (4) Domestic violence.--The term ``domestic violence'' has 
        the meaning given the term in section 40002 of the Violence 
        Against Women Act of 1994 (34 U.S.C. 12291), except that the 
        reference in such section to the term ``jurisdiction receiving 
        grant funding'' shall be deemed to mean the jurisdiction in 
        which the victim lives.
            (5) Employ; state.--The terms ``employ'' and ``State'' have 
        the meanings given the terms in section 3 of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 203).
            (6) Employee.--
                    (A) In general.--The term ``employee'' means any 
                individual employed by an employer. In the case of an 
                individual employed by a public agency, such term means 
                an individual employed as described in section 3(e)(2) 
                of the Fair Labor Standards Act of 1938 (29 U.S.C. 
                203(e)(2)).
                    (B) Basis.--The term includes an individual 
                employed as described in subparagraph (A) on a full- or 
                part-time basis, for a fixed time period, on a 
                temporary basis, pursuant to a detail, or as a 
                participant in a work assignment as a condition of 
                receipt of Federal or State income-based public 
                assistance.
            (7) Employer.--The term ``employer'' has the meaning given 
        the term in section 701(b) of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e(b)).
            (8) Employment benefits.--The term ``employment benefits'' 
        means all benefits provided or made available to employees by 
        an employer, including group life insurance, health insurance, 
        disability insurance, sick leave, annual leave, educational 
        benefits, and pensions, regardless of whether such benefits are 
        provided by a practice or written policy of an employer or 
        through an employee benefit plan, as defined in section 3(3) of 
        the Employee Retirement Income Security Act of 1974 (29 U.S.C. 
        1002(3)).
            (9) Family or household member.--The term ``family or 
        household member'', used with respect to an individual, means 
        an individual who--
                    (A) is a son or daughter, parent, spouse, domestic 
                partner, or any other individual related by blood or 
                affinity whose close association with the individual is 
                the equivalent of a family relationship; and
                    (B) is not the abuser (as defined in section 501) 
                involved.
            (10) Family violence.--The term ``family violence'' has the 
        meaning given the term in section 302 of the Family Violence 
        Prevention and Services Act (42 U.S.C. 10402), except that such 
        term shall include an action committed against that individual 
        by any family member or any person who resides in that 
        individual's household.
            (11) Gender-based violence and harassment.--
                    (A) In general.--The term ``gender-based violence 
                and harassment'' means violence and harassment directed 
                at an individual because of their sex or gender, or 
                affecting individuals of a particular sex or gender 
                disproportionately, and includes sexual harassment.
                    (B) Violence and harassment.--In this paragraph, 
                the term ``violence and harassment'' means a range of 
                unacceptable behaviors and practices, or threats 
                thereof, whether a single occurrence or repeated, that 
                aim at, result in, or are likely to result in physical, 
                psychological, sexual, economic, or technological harm, 
                and includes sexual harassment.
            (12) Person.--The term ``person'' has the meaning given the 
        term in section 3 of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 203).
            (13) Public agency.--The term ``public agency'' has the 
        meaning given the term in section 3 of the Fair Labor Standards 
        Act of 1938 (29 U.S.C. 203).
            (14) Public assistance.--The term ``public assistance'' 
        includes cash, benefits issued under a supplemental nutrition 
        assistance program under section 4 of the Food and Nutrition 
        Act of 2008 (7 U.S.C. 2013), medical assistance, housing 
        assistance, and other benefits provided on the basis of income 
        by a public agency.
            (15) Qualifying act of violence.--The term ``qualifying act 
        of violence'' means an act, conduct, or pattern of conduct that 
        is or could constitute any of the following:
                    (A) Domestic violence.
                    (B) Family violence.
                    (C) Sexual assault.
                    (D) Sexual harassment.
                    (E) Stalking.
                    (F) Dating violence.
                    (G) Trafficking.
                    (H) Communication of an intimate visual depiction.
                    (I) Other forms of gender-based violence or 
                harassment.
                    (J) An act, conduct, or pattern of conduct--
                            (i) in which an individual causes or 
                        threatens to cause bodily injury or death to 
                        another individual;
                            (ii) in which an individual exhibits, 
                        draws, brandishes, or uses a firearm, or other 
                        dangerous weapon, with respect to another 
                        individual; or
                            (iii) in which an individual uses, or makes 
                        a reasonably perceived or actual threat to use 
                        force against another individual to cause 
                        bodily injury or death.
            (16) Sexual harassment.--The term ``sexual harassment'' 
        means conduct that is considered to be sexual harassment under 
        applicable Federal, Tribal, or State law.
            (17) Trafficking.--The term ``trafficking'' means an act or 
        threat of an act that may constitute sex trafficking or human 
        trafficking, as prescribed by Federal, Tribal, or State law.
            (18) Victim of a qualifying act of violence.--The term 
        ``victim of a qualifying act of violence'' includes--
                    (A) an individual who has experienced or is 
                experiencing a qualifying act of violence; and
                    (B) an individual whose family or household member 
                has experienced or is experiencing a qualifying act of 
                violence.
            (19) Victim services organization.--The term ``victim 
        services organization'' means an organization that provides 
        services to victims of a qualifying act of violence, including 
        telephonic or web-based hotlines, legal assistance and legal 
        advocacy, economic advocacy, emergency and transitional 
        shelter, accompaniment and advocacy through medical, civil or 
        criminal justice, immigration, and social support systems, 
        crisis intervention, short-term individual and group support 
        services, information and referrals, culturally specific 
        services, population specific services, and other related 
        supportive services.

SEC. 4. RULE OF CONSTRUCTION REGARDING MORE PROTECTIVE LAWS, 
              AGREEMENTS, PROGRAMS, AND PLANS.

    Nothing in this Act, including the amendments made by this Act, 
shall be construed to supersede any provision of any Federal, State, or 
local law, collective bargaining agreement, or employment benefits 
program or plan that provides--
            (1) greater leave rights for victims of a qualifying act of 
        violence than the rights established under this Act; or
            (2) leave benefits for a larger population of victims of a 
        qualifying act of violence (as defined in such law, agreement, 
        program, or plan) than the victims of a qualifying act of 
        violence covered under this Act.

SEC. 5. ARBITRATION.

    (a) In General.--Notwithstanding any other provision of this Act, 
no predispute arbitration agreement or predispute joint-action waiver, 
as those terms are defined in section 401 of title 9, United States 
Code, that relates to a claim arising out of title II, title III, or 
title V, shall be valid or enforceable.
    (b) Applicability.--An issue as to whether title II, title III, or 
title V applies with respect to a dispute shall be determined under 
Federal law. The applicability of such a title to an agreement to 
arbitrate and the validity and enforceability of an agreement to which 
such a title applies shall be determined by a court, rather than an 
arbitrator, irrespective of whether the party resisting arbitration 
challenges the arbitration agreement specifically or in conjunction 
with other terms of the contract containing such agreement, and 
irrespective of whether the agreement purports to delegate such 
determinations to an arbitrator.

    TITLE I--REAUTHORIZATION OF NATIONAL RESOURCE CENTER GRANTS ON 
 WORKPLACE RESPONSES TO ASSIST VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE

SEC. 101. GRANT PROGRAM REAUTHORIZATION.

    (a) Information and Assistance to Victim Service Providers and 
Community Organizations.--Section 41501(a) of the Violence Against 
Women Act of 1994 (34 U.S.C. 12501(a)) is amended by striking the 
period at the end and inserting ``, and to victim services 
organizations (as defined in section 3 of the SAFE for Survivors Act of 
2024) (including community based organizations) and Tribal, State, and 
territorial domestic violence or sexual assault coalitions to enable 
the organizations and coalitions to provide resource materials or other 
assistance to employers, labor organizations, or employees.''.
    (b) Administrative Provisions.--Section 41501 of the Violence 
Against Women Act of 1994 (34 U.S.C. 12501) is amended by adding at the 
end the following:
    ``(h) Administrative Costs.--
            ``(1) In general.--From the amount appropriated pursuant to 
        subsection (f) for each fiscal year, the Attorney General shall 
        not use more than 2.5 percent for the administration and 
        monitoring of grants made available under this section.
            ``(2) Evaluations.--From the amount appropriated pursuant 
        to subsection (f) for each fiscal year, the Director of the 
        Office on Violence Against Women shall not use more than 5 
        percent to award contracts or cooperative agreements to 
        entities with demonstrated expertise in program evaluation to 
        evaluate programs under this section.''.

    TITLE II--SAFE LEAVE FOR ADDRESSING QUALIFYING ACTS OF VIOLENCE

SEC. 201. ENTITLEMENT TO SAFE LEAVE FOR ADDRESSING DOMESTIC VIOLENCE, 
              DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING.

    (a) Safe Leave Generally.--An employer shall provide each employee 
employed by the employer not less than 40 work days of leave in a 12-
month period to be used as described in subsection (d) (referred to in 
this title as ``safe leave''), of which not fewer than 10 workdays (of 
the employee's choice) shall be paid. The remaining days of safe leave 
may be unpaid leave, except that the employee may elect to substitute 
the leave under section 204. An employee may take not more than a total 
of 40 work days of paid or unpaid safe leave in a 12-month period under 
this section (which may be taken intermittently or on a reduced leave 
schedule), in addition to any leave taken under title I of the Family 
and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.) or subchapter V 
of chapter 63 of title 5, United States Code.
    (b) Construction.--Nothing in this section shall be construed as 
requiring financial or other reimbursement to an employee from an 
employer upon the employee's termination, resignation, retirement, or 
other separation from employment for earned paid safe leave that has 
not been used.
    (c) Reinstatement.--If an employee is separated from employment 
with an employer and is rehired, within 12 months after that 
separation, by the same employer, the employer shall (in addition to 
providing unpaid safe leave in accordance with subsection (a)) 
reinstate the employee's previously earned paid safe leave. The 
employee shall be entitled to use the earned paid safe leave and earn 
additional paid safe leave at the recommencement of employment with the 
employer.
    (d) Uses.--Safe leave earned under this section may be used by an 
employee for an absence resulting from a qualifying act of violence if 
the time is for the employee or employee's family or household member 
to--
            (1) seek, receive, or secure counseling;
            (2) seek or secure temporary or permanent relocation or 
        take steps to secure an existing home;
            (3) seek, receive, or follow up on assistance from an 
        organization or agency providing services to victims;
            (4) seek legal assistance or attend legal proceedings, 
        including preparation for or participation in any related 
        administrative, civil, or criminal legal proceeding or other 
        related activities;
            (5) seek medical attention for physical or psychological 
        injury or disability caused or aggravated by a qualifying act 
        of violence;
            (6) attend or make arrangements for the funeral or 
        alternative to a funeral or wake of a victim of a qualifying 
        act of violence who died as a result of a qualifying act of 
        violence or grieve the death of a victim who died as a result 
        of a qualifying act of violence;
            (7) obtain or provide childcare or adult dependent care 
        necessary as a result of a qualifying act of violence;
            (8) enroll a child in a new school or make a care 
        arrangement;
            (9) access financial services or meet with a financial 
        professional to address financial issues resulting from the 
        qualifying act of violence;
            (10) enroll, renew, or otherwise obtain benefits or public 
        assistance or other services;
            (11) access accessibility accommodations, including 
        retrofitting home or vehicle or securing or being fitted for 
        accessibility equipment; or
            (12) take any other steps necessary to protect or restore 
        their physical, mental, emotional, and economic well-being or 
        the well-being of a family member recovering from covered acts.
    (e) Procedures.--
            (1) Request.--Safe leave shall be provided upon the oral or 
        written request of an employee. Such request shall--
                    (A) include the expected duration of the period of 
                such leave; and
                    (B) be provided as soon as practicable after the 
                employee is aware of the need for such period.
            (2) Certification.--
                    (A) In general.--If the period in question covers 
                more than 3 workdays, an employer may require that a 
                request for safe leave under this section for a purpose 
                described in subsection (d) be supported--
                            (i) by any form of certification, as 
                        determined by the employee, consisting of--
                                    (I) a sworn statement of the 
                                employee or the family or household 
                                member, or another person with 
                                knowledge of the situation, as the case 
                                may be;
                                    (II) documentation from an employee 
                                or volunteer working for a victim 
                                services organization, an attorney, a 
                                police officer, a medical professional, 
                                a social worker, an antiviolence 
                                counselor, a member of the clergy, or 
                                another professional, affirming that 
                                the employee or a family or household 
                                member of the employee is a victim of a 
                                qualifying act of violence;
                                    (III) a police or court record 
                                indicating that the employee, or a 
                                family or household member of the 
                                employee, was a victim of a qualifying 
                                act of violence;
                                    (IV) a court order protecting or 
                                separating the employee or a family or 
                                household member of the employee from 
                                the perpetrator of a qualifying act of 
                                violence or other evidence from the 
                                court or prosecuting attorney that the 
                                employee or family or household member 
                                has appeared in court or is scheduled 
                                to appear in court in a proceeding 
                                related to a qualifying act of 
                                violence; or
                                    (V) other corroborating evidence 
                                concerning the employee or family or 
                                household member; and
                            (ii) if the victim is the employee's family 
                        or household member, in order to verify the 
                        employee's relationship with the victim, by 
                        information that may include a sworn statement 
                        of the employee, a birth certificate, a court 
                        document, or other corroborating evidence.
                    (B) Survivor information protections.--
                            (i) In general.--The facts to be disclosed 
                        in any certification shall be limited to the 
                        minimum necessary to verify a need for the 
                        employee to be absent from work in connection 
                        with a qualifying act of violence, and the 
                        employee shall not be required to explain the 
                        details of the qualifying act of violence or 
                        how leave will be used.
                            (ii) Limitation on information 
                        requirements.--An employer may not require an 
                        employee, in order to obtain leave under this 
                        section, to produce, discuss with the employer, 
                        or provide--
                                    (I) any additional information, 
                                beyond the information enumerated in 
                                this subsection that establishes that 
                                the employee is eligible for leave 
                                under this section; or
                                    (II) any information that would 
                                compromise the safety of the employee 
                                or family or household member in any 
                                way.
                    (C) Timeliness.--The employee shall provide a copy 
                of such certification to the employer in a timely 
                manner, and not later than 30 days after the first day 
                of the period of leave, to the extent practicable. The 
                employer shall not delay the commencement of the period 
                of leave on the basis that the employer has not yet 
                received the certification.
            (3) Prohibition.--An employer may not require, as a 
        condition of providing safe leave under this title, that the 
        employee involved search for or find a replacement employee to 
        cover the hours during which the employee is using safe leave.
    (f) Confidentiality; Nondisclosure for Victims.--
            (1) Confidentiality.--All information provided to the 
        employer pursuant to subsection (e), and the fact that the 
        employee or family or household member is a victim of a 
        qualifying act of violence, and the employee has requested or 
        obtained safe leave pursuant to this section, shall be retained 
        in the strictest confidence by the employer, except to the 
        extent that disclosure is--
                    (A) requested or consented to by the employee in 
                writing; or
                    (B) otherwise required by applicable Federal or 
                State law.
            (2) Confidential communications.--The provision of any 
        information under this section does not waive or diminish the 
        confidential or privileged nature of communications between a 
        victim of a qualifying act of violence with one or more of the 
        individuals or entities providing information under subclause 
        (II), (III), (IV), or (V) of clause (i), or clause (ii), of 
        subsection (e)(2)(A).
            (3) Nondisclosure.--If an employer possesses health 
        information about an employee or an employee's family or 
        household member in connection with a certification under this 
        section, such information shall--
                    (A) be maintained on a separate form and in a 
                separate file from other personnel information;
                    (B) be treated as a confidential medical record; 
                and
                    (C) not be disclosed except to the affected 
                employee or with the written permission of the affected 
                employee.
    (g) Employment and Benefits.--
            (1) Restoration to position.--
                    (A) In general.--Except as provided in paragraph 
                (2), any employee who takes leave under this section 
                for the intended purpose of the leave shall be 
                entitled, on return from such leave--
                            (i) to be restored by the employer to the 
                        position of employment held by the employee 
                        when the leave commenced; or
                            (ii) to be restored to an equivalent 
                        position with equivalent employment benefits, 
                        pay, and other terms and conditions of 
                        employment.
                    (B) Loss of benefits.--The taking of leave under 
                this section shall not result in the loss of any 
                employment benefit accrued prior to the date on which 
                the leave commenced.
                    (C) Limitations.--Nothing in this subsection shall 
                be construed to entitle any restored employee to any 
                accrual, right, benefit, or position described in 
                section 104(a)(3) of the Family and Medical Leave Act 
                of 1993 (29 U.S.C. 2614(a)(3)).
                    (D) Construction.--Nothing in this paragraph shall 
                be construed to prohibit an employer from requiring an 
                employee on leave under this section to report 
                periodically to the employer on the status and 
                intention of the employee to return to work.
            (2) Maintenance of health benefits.--During any period that 
        an employee takes leave under this section, the employer shall 
        maintain coverage under any group health plan (meaning a group 
        health plan as defined in section 5000(b)(1) of the Internal 
        Revenue Code of 1986 or an employee welfare benefit plan as 
        defined in section 3(1) of the Employee Retirement Income 
        Security Act of 1974 (29 U.S.C. 1002(1))) for the duration of 
        such leave at the level and under the conditions coverage would 
        have been provided if the employee had continued in employment 
        continuously for the duration of such leave.

SEC. 202. PROHIBITED ACTS.

    (a) Interference With Rights.--
            (1) In general.--It shall be unlawful for any person to 
        interfere with, restrain, deny, or retaliate against an 
        individual because of the exercise of, or the attempt to 
        exercise, any right provided under section 201, including 
        through--
                    (A) discharging or in any other manner 
                discriminating against (including retaliating against) 
                an individual because the individual has requested, 
                indicated an intent to request, or taken safe leave; or
                    (B) using the request for or use of such leave as a 
                negative factor in an employment action.
            (2) Rebuttable presumption of retaliation.--Any adverse 
        action (including any action described in paragraph (1)) taken 
        against an employee in the 12 month period after an employee 
        takes any leave for which the employee is eligible shall 
        establish a rebuttal presumption that the action of the 
        employer is retaliating against such employee in violation of 
        paragraph (1).
            (3) Discrimination.--It shall be unlawful for any employer 
        to discharge or in any other manner discriminate against any 
        individual for opposing any practice made unlawful by section 
        201.
    (b) Interference With Proceedings or Inquiries.--It shall be 
unlawful for any person to discharge or in any other manner 
discriminate against any individual because such individual--
            (1) has filed any charge, or has instituted or caused to be 
        instituted any proceeding, under or related to section 201;
            (2) has given, or is about to give, any information in 
        connection with any inquiry or proceeding relating to any right 
        provided under section 201; or
            (3) has testified, or is about to testify, in any inquiry 
        or proceeding relating to any right provided under section 201.

SEC. 203. ENFORCEMENT.

    (a) Civil Action by Affected Individuals.--
            (1) Liability.--Any employer that violates section 201 or 
        202 shall be liable to any individual affected--
                    (A) for damages equal to--
                            (i) the greater of, $1,000 or the amount 
                        of--
                                    (I) any wages, salary, employment 
                                benefits, or other compensation denied 
                                or lost to such individual by reason of 
                                the violation; or
                                    (II) in a case in which wages, 
                                salary, employment benefits, or other 
                                compensation has not been denied or 
                                lost to the individual, any actual 
                                monetary losses sustained by the 
                                individual as a direct result of the 
                                violation;
                            (ii) the interest on the amount described 
                        in clause (i) calculated at the prevailing 
                        rate; and
                            (iii) an additional amount as liquidated 
                        damages equal to the sum of the amount 
                        described in clause (i) and the interest 
                        described in clause (ii), except that if an 
                        employer that has violated section 201 or 202 
                        proves to the satisfaction of the court that 
                        the act or omission that violated section 201 
                        or 202 was in good faith and that the employer 
                        had reasonable grounds for believing that the 
                        act or omission was not a violation of section 
                        201 or 202, such court may, in the discretion 
                        of the court, reduce the amount of the 
                        liability to the amount and interest determined 
                        under clauses (i) and (ii), respectively; and
                    (B) for such equitable relief as may be 
                appropriate, including employment, reinstatement, and 
                promotion.
            (2) Right of action.--An action to recover the damages or 
        equitable relief prescribed in paragraph (1) may be maintained 
        against any employer in any Federal or State court of competent 
        jurisdiction by any one or more affected individuals for and on 
        behalf of--
                    (A) the individuals; or
                    (B) the individuals and other individuals similarly 
                situated.
            (3) Fees and costs.--The court in such an action shall, in 
        addition to any judgment awarded to the plaintiff, allow a 
        reasonable attorney's fee, reasonable expert witness fees, and 
        other costs of the action to be paid by the defendant.
            (4) Limitations.--The right provided by paragraph (2) to 
        bring an action by or on behalf of any affected individual 
        shall terminate--
                    (A) on the filing of a complaint by the Secretary 
                of Labor in an action under subsection (b) in which 
                restraint is sought of any further delay in the payment 
                of the amount described in paragraph (1)(A) to such 
                individual by an employer responsible under paragraph 
                (1) for the payment; or
                    (B) on the filing of a complaint by the Secretary 
                of Labor in an action under subsection (b) in which a 
                recovery is sought of the damages described in 
                paragraph (1)(A) owing to an affected individual by an 
                employer liable under paragraph (1),
        unless the action described in subparagraph (A) or (B) is 
        dismissed without prejudice on motion of the Secretary of 
        Labor.
    (b) Action by the Secretary of Labor.--
            (1) Administrative action.--The Secretary of Labor shall 
        receive, investigate, and attempt to resolve complaints of 
        violations of section 201 and 202 in the same manner as the 
        Secretary of Labor receives, investigates, and attempts to 
        resolve complaints of violations of sections 6 and 7 of the 
        Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207).
            (2) Civil action.--The Secretary of Labor may bring an 
        action in any court of competent jurisdiction to recover the 
        damages described in subsection (a)(1)(A).
            (3) Sums recovered.--Any sums recovered by the Secretary of 
        Labor pursuant to paragraph (2) shall be held in a special 
        deposit account and shall be paid, on order of the Secretary, 
        directly to each individual affected. Any such sums not paid to 
        such an individual because of inability to do so within a 
        period of 3 years shall be deposited into the Treasury of the 
        United States as miscellaneous receipts.
            (4) Civil monetary penalties.--In addition to the penalties 
        payable to an affected individual under this subsection, any 
        employer that violates section 201 or 202 shall be subject to a 
        penalty payable to the Secretary of Labor of $1,000 per 
        violation for each individual affected.
    (c) Limitation.--
            (1) In general.--Except as provided in paragraph (2), an 
        action may be brought under this subsection not later than 2 
        years after the date of the last event constituting the alleged 
        violation for which the action is brought.
            (2) Willful violation.--In the case of such action brought 
        for a willful violation of section 202, such action may be 
        brought within 3 years after the date of the last event 
        constituting the alleged violation for which such action is 
        brought.
            (3) Commencement.--In determining when an action is 
        commenced by the Secretary of Labor under this section for the 
        purposes of this subsection, it shall be considered to be 
        commenced on the date when the complaint is filed.
    (d) Action for Injunction by Secretary of Labor.--The district 
courts of the United States shall have jurisdiction, for cause shown, 
in an action brought by the Secretary of Labor--
            (1) to restrain violations of section 201 or 202, including 
        the restraint of any withholding of payment of wages, salary, 
        employment benefits, or other compensation, plus interest, 
        found by the court to be due to affected individuals; or
            (2) to award such other equitable relief as may be 
        appropriate, including employment, reinstatement, and 
        promotion.
    (e) Solicitor of Labor.--The Solicitor of Labor may appear for and 
represent the Secretary of Labor on any litigation brought under this 
section.
    (f) Employer Liability Under Other Laws.--Nothing in this section 
shall be construed to limit the liability of an employer to an 
individual, for harm suffered relating to the individual's experience 
of a qualifying act of violence, pursuant to any other Federal or State 
law, including a law providing for a legal remedy.
    (g) Other Administrative Officers.--
            (1) Board.--In the case of a covered employee, as defined 
        in section 101 of the Congressional Accountability Act of 1995 
        (2 U.S.C. 1301), other than an applicant for employment, the 
        authority of the Secretary of Labor under this title shall be 
        exercised by the Board of Directors of the Office of 
        Congressional Workplace Rights.
            (2) President; merit systems protection board.--In the case 
        of a covered employee, as defined in section 411(c) of title 3, 
        United States Code, the authority of the Secretary of Labor 
        under this title shall be exercised by the President and the 
        Merit Systems Protection Board.
            (3) Office of personnel management.--In the case of a 
        Federal officer or employee covered under subchapter V of 
        chapter 63 of title 5, United States Code, the authority of the 
        Secretary of Labor under this title shall be exercised by the 
        Office of Personnel Management.
            (4) Librarian of congress.--In the case of employees of the 
        Library of Congress, the authority of the Secretary of Labor 
        under this title shall be exercised by the Librarian of 
        Congress.
            (5) Comptroller general.--In the case of employees of the 
        Government Accountability Office, the authority of the 
        Secretary of Labor under this title shall be exercised by the 
        Comptroller General of the United States.

SEC. 204. EXISTING LEAVE USABLE FOR A QUALIFYING ACT OF VIOLENCE.

    An employee who is entitled to take paid or unpaid leave (including 
family, medical, sick, annual, personal, or similar leave) from 
employment, pursuant to Federal law (including the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2611 et seq.) or subchapter V of chapter 
63 of title 5, United States Code), State law, local law, a collective 
bargaining agreement, or an employment benefits program or plan, may 
elect to substitute any period of such leave for an equivalent period 
of leave provided under section 201.

SEC. 205. EMERGENCY BENEFITS.

    (a) In General.--A State may use funds provided to the State under 
part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) 
to provide nonrecurrent short-term emergency benefits to an individual 
for any period of leave the individual takes pursuant to section 201 of 
this Act.
    (b) Eligibility.--
            (1) In general.--An individual who is eligible for 
        assistance under the State program funded under that part and 
        for leave under section 201 shall be eligible for such 
        emergency benefits, except as provided in paragraph (2).
            (2) Calculation.--In calculating eligibility for such 
        emergency benefits, the State shall count only the cash 
        available or accessible to the individual.
    (c) Timing.--
            (1) Applications.--An individual seeking emergency benefits 
        under subsection (a) from a State shall submit an application 
        to the State.
            (2) Benefits.--The State shall provide benefits to an 
        eligible applicant under paragraph (1) on an expedited basis, 
        and not later than seven days after the applicant submits an 
        application under paragraph (1).

SEC. 206. REGULATIONS.

    (a) In General.--
            (1) Authority to issue regulations.--Except as provided in 
        subsection (b), the Secretary of Labor shall issue regulations 
        to carry out this title.
            (2) Regulations regarding notices.--The regulations 
        described in paragraph (1) shall include regulations requiring 
        every employer to post and keep posted, in conspicuous places 
        on the premises of the employer where notices to employees are 
        customarily placed, a notice, to be prepared or approved by the 
        Secretary of Labor, summarizing the provisions of this title 
        and providing information on procedures for filing complaints. 
        The Secretary of Labor shall develop such a notice and provide 
        copies to employers upon request without charge.
    (b) Other Administrative Officers.--The authorities described in 
section 203(g) shall apply with respect to promulgating regulations to 
carry out this Act for the respective employees of each administrative 
officer described in such subsection. The regulations prescribed under 
this subsection shall, to the extent appropriate, be consistent with 
the regulations prescribed by the Secretary of Labor under subsection 
(a).

            TITLE III--SURVIVORS' EMPLOYMENT SUSTAINABILITY

SEC. 301. SHORT TITLE.

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

SEC. 302. DEFINITIONS.

    In this title:
            (1) Board.--The term ``board'' has the meaning given the 
        term in section 101 of the Congressional Accountability Act of 
        1995 (2 U.S.C. 1301).
            (2) Commission.--The term ``commission'' means the Equal 
        Employment Opportunity Commission.
            (3) Covered family or household member.--The term ``covered 
        family or household member'' means a family or household member 
        who has experienced or is experiencing a qualifying act of 
        violence.
            (4) Discriminate.--The term ``discriminate''--
                    (A) used with respect to an employer and the terms, 
                conditions, or privileges of employment, includes--
                            (i) failing to implement, on request from 
                        an individual, in response to an actual or 
                        threatened qualifying act of violence, a 
                        reasonable safety procedure or job-related 
                        modification to enhance the security of that 
                        individual or safeguard the workplace involved 
                        (such as installation of a lock, change of a 
                        telephone number or seating assignment, 
                        provision of a transfer, provision of leave, 
                        modification of a schedule, or adjustment of a 
                        work requirement), unless the employer can 
                        demonstrate that granting the request would 
                        impose an undue hardship on the operation of 
                        the business of the employer; and
                            (ii) harassment or retaliation described in 
                        section 303(a); and
                    (B) used with respect to a public agency and the 
                amount, terms, or conditions of public assistance, 
                includes--
                            (i) failing to implement, on request from 
                        an individual, in response to an actual or 
                        threatened qualifying act of violence, a 
                        reasonable safety procedure, unless the public 
                        agency can demonstrate that granting the 
                        request would impose an undue hardship on the 
                        operation of the public agency; and
                            (ii) harassment or retaliation described in 
                        section 303(b).
            (5) Employee.--The term ``employee'' means--
                    (A) an employee (including an applicant), as 
                defined in section 701(f) of the Civil Rights Act of 
                1964 (42 U.S.C. 2000e(f));
                    (B) a covered employee (including an applicant), as 
                defined in section 101 of the Congressional 
                Accountability Act of 1995 (2 U.S.C. 1301), and an 
                individual described in section 201(d) of that Act (2 
                U.S.C. 1311(d));
                    (C) a covered employee (including an applicant), as 
                defined in section 411(c) of title 3, United States 
                Code;
                    (D) a State employee (including an applicant) 
                described in section 304(a) of the Government Employee 
                Rights Act of 1991 (42 U.S.C. 2000e-16c(a)); and
                    (E) an employee (including an applicant) to which 
                section 717(a) of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e-16(a)) applies.
            (6) Employer.--The term ``employer'' means--
                    (A) an employer, as defined in section 701(b) of 
                the Civil Rights Act of 1964 (42 U.S.C. 2000e(b));
                    (B) an employing office, as defined in section 101 
                of the Congressional Accountability Act of 1995 (2 
                U.S.C. 1301);
                    (C) an employing office, as defined in section 
                411(c) of title 3, United States Code;
                    (D) an entity employing a State employee described 
                in section 304(a) of the Government Employee Rights Act 
                of 1991 (42 U.S.C. 2000e-16c(a)); and
                    (E) an entity to which section 717(a) of the Civil 
                Rights Act of 1964 (42 U.S.C. 2000e-16(a)) applies.
            (7) Qualified employee.--The term ``qualified employee'' 
        means an employee who is a qualified individual, as defined in 
        section 101 of the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12111).
            (8) Reasonable accommodation.--
                    (A) In general.--Subject to subparagraph (C), the 
                term ``reasonable accommodation'' means a reasonable 
                job-related modification or safety procedure, made to 
                address the impacts of a qualifying act of violence or 
                enhance the security of a qualified employee who is the 
                victim of the qualifying act of violence.
                    (B) Included accommodations.--Subject to 
                subparagraph (C), the term ``reasonable accommodation'' 
                includes an accommodation, made as described in 
                subparagraph (A), that is--
                            (i) any change or adjustment to a job or 
                        work environment that permits such an employee 
                        to participate in the job application process, 
                        to perform the essential functions of a job, or 
                        to enjoy the benefits and privileges of 
                        employment;
                            (ii) a transfer, reassignment, or other 
                        change in the work location;
                            (iii) a modified or flexible work schedule;
                            (iv) a change to work contact information, 
                        including a name change or limit on 
                        dissemination of contact information;
                            (v) a change to a workstation or seating 
                        assignment;
                            (vi) implementation of a confidentiality 
                        measure, including removal of references to the 
                        employee from the employer's website;
                            (vii) implementation of an enhanced safety 
                        protocol including providing access to a 
                        parking space close to the worksite or 
                        installation of a lock or other security 
                        device;
                            (viii) assistance in documenting qualifying 
                        acts of violence that occur in the workplace or 
                        in a work-related setting;
                            (ix) implementation of a safety procedure;
                            (x) provision of leave or time off;
                            (xi) restructuring of the job functions of 
                        the employee; or
                            (xii) any other adjustment to a job 
                        structure, workplace facility, or work 
                        requirement in response to the qualifying act 
                        of violence.
                    (C) Exclusion.--The term ``reasonable 
                accommodation'' does not include an accommodation if 
                the employer involved can demonstrate that the 
                accommodation would impose an undue hardship on the 
                operation of the business of an employer.
            (9) Undue hardship.--The term ``undue hardship'' has the 
        meaning give the term in section 101 of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12111).

SEC. 303. PROHIBITED DISCRIMINATORY ACTS.

    (a) Discrimination by Employers.--It shall be an unlawful practice 
for an employer to fail or refuse to hire or discharge any individual, 
or otherwise to discriminate (including harassment or retaliation in 
any form or manner) against any individual with respect to the 
compensation, terms, conditions, or privileges of employment of the 
individual, because--
            (1) the individual is, or the employer perceives that 
        individual to be, a victim of a qualifying act of violence;
            (2) that individual attended, participated in, prepared 
        for, or requested leave related to an event that resulted in 
        the individual becoming a victim of a qualifying act of 
        violence;
            (3) that individual, in response to an actual or threatened 
        qualifying act of violence, requested a reasonable 
        accommodation; or
            (4) the workplace is disrupted or threatened by the action 
        of a person whom that individual states has committed or 
        threatened to commit a qualifying act of violence.
    (b) Discrimination by Public Agencies.--It shall be an unlawful 
practice for a public agency to deny, reduce, or terminate the benefits 
of, or otherwise sanction any individual, or otherwise discriminate 
(including harassment or retaliation in any form or manner) against any 
individual with respect to the amount, terms, or conditions of public 
assistance of the individual, because--
            (1) the individual is, or the public agency involved 
        perceives that individual to be, a victim of a qualifying act 
        of violence; or
            (2) that individual attended, participated in, or prepared 
        for, an event that resulted in the individual becoming a victim 
        of a qualifying act of violence.
    (c) Failure To Provide Accommodation.--
            (1) In general.--It shall be an unlawful practice for an 
        employer to--
                    (A) fail to make a reasonable accommodation for a 
                qualified employee who is a victim of a qualifying act 
                of violence and whose status as such a victim is known 
                or should have been known to the employer, to address 
                the impacts of the violence or enhance the security of 
                the victim involved;
                    (B) refuse or otherwise fail to engage in an 
                interactive process within a reasonable time with a 
                qualified employee described in subparagraph (A), who 
                has requested a reasonable accommodation under this 
                subsection;
                    (C) require a qualified employee described in 
                subparagraph (A) to accept an accommodation other than 
                a reasonable accommodation arrived at through the 
                interactive process;
                    (D) require a qualified employee described in 
                subparagraph (A) to take leave; and
                    (E) take adverse action relating to a term, 
                condition, or privilege of employment against a 
                qualified employee on account of the qualified employee 
                requesting or using a reasonable accommodation.
            (2) Presumption.--If an employer takes any adverse action 
        (including any action described in paragraph (1)(E)) against a 
        qualified employee within 12 months after the employee uses any 
        leave to which the individual was entitled under paragraph (1), 
        there shall be a rebuttable presumption that the practice of 
        the employer is adverse action against such employee in 
        violation of paragraph (1)(E).
            (3) Documentation.--An employer required under this 
        subsection to make a reasonable accommodation may require a 
        qualified employee requesting a reasonable accommodation 
        pursuant to this subsection to provide certification that the 
        person is a victim of a qualifying act of violence. The person 
        requesting a reasonable accommodation pursuant to this 
        subsection shall provide a copy of such certification to the 
        employer within a reasonable period after the request is made. 
        An employer may not require a specific form of certification 
        and a qualified employee may satisfy the requirements of this 
        subsection by submitting any of the following forms of 
        certification:
                    (A) Sworn statement of the qualified employee, the 
                qualified employee's family member, or another person 
                with knowledge of the qualifying act of violence.
                    (B) Documentation from a survivor services 
                organization, an attorney, law enforcement personnel, a 
                medical professional, a social worker, an antiviolence 
                counselor, a cultural or religious provider, or another 
                professional who assisted the qualified employee in 
                addressing the qualifying act of violence, affirming 
                that the qualified employee is a victim of a qualifying 
                act of violence.
                    (C) A police or court record demonstrating that the 
                qualified employee is a victim of a qualifying act of 
                violence.
                    (D) Other corroborating evidence concerning the 
                qualified employee demonstrating the qualified 
                employee's status as a victim of a qualifying act of 
                violence.
    (d) Confidentiality; Nondisclosure for Victims.--
            (1) Confidentiality.--All information provided to the 
        employer pursuant to subsection (a) or (c), and the fact that 
        the employee is a victim of a qualifying act of violence (or 
        that the employee's covered family or household member is such 
        a victim), and that the employee has requested or obtained 
        leave or a reasonable accommodation pursuant to this section, 
        shall be retained in the strictest confidence by the employer, 
        except to the extent that disclosure is--
                    (A) requested or consented to by the employee in 
                writing; or
                    (B) otherwise required by applicable Federal or 
                State law.
            (2) Confidential communications.--The provision of any 
        information under this section does not waive or diminish the 
        confidential or privileged nature of communications between a 
        victim of a qualifying act of violence with one or more of the 
        individuals or entities providing information as described in 
        section 201(f)(2).
            (3) Nondisclosure.--If an employer possesses health 
        information about an employee (or an employee's covered family 
        or household member) in connection with a request or 
        determination made under this section, such information shall--
                    (A) be maintained on a separate form and in a 
                separate file from other personnel information;
                    (B) be treated as a confidential medical record; 
                and
                    (C) not be disclosed except to the affected 
                employee or with the written permission of the affected 
                employee.

SEC. 304. REMEDIES AND ENFORCEMENT.

    (a) Employment Discrimination.--
            (1) Employees covered by title vii of the civil rights act 
        of 1964.--
                    (A) In general.--The powers, remedies, and 
                procedures provided in sections 705, 706, 707, 709, 
                710, and 711 of the Civil Rights Act of 1964 (42 U.S.C. 
                2000e-4 et seq.) to the Commission, the Attorney 
                General, or any person alleging a violation of title 
                VII of such Act (42 U.S.C. 2000e et seq.) shall be the 
                powers, remedies, and procedures this Act provides to 
                the Commission, the Attorney General, or any person, 
                respectively, alleging an unlawful practice in 
                violation of subsection (a) or (c) of section 303 
                against an employee described in section 302(5)(A) 
                except as provided in subparagraphs (B) and (C) of this 
                paragraph.
                    (B) Costs and fees.--The powers, remedies, and 
                procedures provided in subsections (b) and (c) of 
                section 722 of the Revised Statutes (42 U.S.C. 1988) 
                shall be the powers, remedies, and procedures this Act 
                provides to the Commission, the Attorney General, or 
                any person alleging such practice.
                    (C) Damages.--The powers, remedies, and procedures 
                provided in section 1977A of the Revised Statutes (42 
                U.S.C. 1981a), including the limitations contained in 
                subsection (b)(3) of such section 1977A, shall be the 
                powers, remedies, and procedures this Act provides to 
                the Commission, the Attorney General, or any person 
                alleging such practice (not an employment practice 
                specifically excluded from coverage under section 
                1977A(a)(1) of the Revised Statutes (42 U.S.C. 
                1981a(a)(1))).
            (2) Employees covered by congressional accountability act 
        of 1995.--
                    (A) In general.--The powers, remedies, and 
                procedures provided in the Congressional Accountability 
                Act of 1995 (2 U.S.C. 1301 et seq.) for the purposes of 
                addressing allegations of violations of section 
                201(a)(1) of such Act (2 U.S.C. 1311(a)(1)) shall be 
                the powers, remedies, and procedures this Act provides 
                to address an allegation of an unlawful practice in 
                violation of subsection (a) or (c) of section 303 
                against an employee described in section 302(5)(B), 
                except as provided in subparagraphs (B) and (C) of this 
                paragraph.
                    (B) Costs and fees.--The powers, remedies, and 
                procedures provided in subsections (b) and (c) of 
                section 722 of the Revised Statutes (42 U.S.C. 1988) 
                for the purposes of addressing allegations of such a 
                violation shall be the powers, remedies, and procedures 
                this Act provides to address allegations of such 
                practice.
                    (C) Damages.--The powers, remedies, and procedures 
                provided in section 1977A of the Revised Statutes (42 
                U.S.C. 1981a), including the limitations contained in 
                subsection (b)(3) of such section 1977A, for purposes 
                of addressing allegations of such a violation, shall be 
                the powers, remedies, and procedures this Act provides 
                to address any allegation of such practice (not an 
                employment practice specifically excluded from coverage 
                under section 1977A(a)(1) of the Revised Statutes (42 
                U.S.C. 1981a(a)(1))).
            (3) Employees covered by chapter 5 of title 3, united 
        states code.--
                    (A) In general.--The powers, remedies, and 
                procedures provided in chapter 5 of title 3, United 
                States Code, to the President, the Commission, the 
                Merit Systems Protection Board, or any person alleging 
                a violation of section 411(a)(1) of such title shall be 
                the powers, remedies, and procedures this Act provides 
                to the President, the Commission, the Board, or any 
                person, respectively, alleging an unlawful practice in 
                violation of subsection (a) or (c) of section 303 
                against an employee described in section 302(5)(C), 
                except as provided in subparagraphs (B) and (C) of this 
                paragraph.
                    (B) Costs and fees.--The powers, remedies, and 
                procedures provided in subsections (b) and (c) of 
                section 722 of the Revised Statutes (42 U.S.C. 1988) 
                shall be the powers, remedies, and procedures this Act 
                provides to the President, the Commission, the Board, 
                or any person alleging such practice.
                    (C) Damages.--The powers, remedies, and procedures 
                provided in section 1977A of the Revised Statutes (42 
                U.S.C. 1981a), including the limitations contained in 
                subsection (b)(3) of such section 1977A, shall be the 
                powers, remedies, and procedures this Act provides to 
                the President, the Commission, the Board, or any person 
                alleging such practice (not an employment practice 
                specifically excluded from coverage under section 
                1977A(a)(1) of the Revised Statutes (42 U.S.C. 
                1981a(a)(1))).
            (4) Employees covered by government employee rights act of 
        1991.--
                    (A) In general.--The powers, remedies, and 
                procedures provided in sections 302 and 304 of the 
                Government Employee Rights Act of 1991 (42 U.S.C. 
                2000e-16b; 2000e-16c) to the Commission or any person 
                alleging a violation of section 302(a)(1) of such Act 
                (42 U.S.C. 2000e-16b(a)(1)) shall be the powers, 
                remedies, and procedures this Act provides to the 
                Commission or any person, respectively, alleging an 
                unlawful practice in violation of subsection (a) or (c) 
                of section 303 against an employee described in section 
                302(5)(D), except as provided in subparagraphs (B) and 
                (C) of this paragraph.
                    (B) Costs and fees.--The powers, remedies, and 
                procedures provided in subsections (b) and (c) of 
                section 722 of the Revised Statutes (42 U.S.C. 1988) 
                shall be the powers, remedies, and procedures this Act 
                provides to the Commission or any person alleging such 
                practice.
                    (C) Damages.--The powers, remedies, and procedures 
                provided in section 1977A of the Revised Statutes (42 
                U.S.C. 1981a), including the limitations contained in 
                subsection (b)(3) of such section 1977A, shall be the 
                powers, remedies, and procedures this Act provides to 
                the Commission or any person alleging such practice 
                (not an employment practice specifically excluded from 
                coverage under section 1977A(a)(1) of the Revised 
                Statutes (42 U.S.C. 1981a(a)(1))).
            (5) Employees covered by section 717 of the civil rights 
        act of 1964.--
                    (A) In general.--The powers, remedies, and 
                procedures provided in section 717 of the Civil Rights 
                Act of 1964 (42 U.S.C. 2000e-16) to the Commission, the 
                Attorney General, the Librarian of Congress, or any 
                person alleging a violation of that section shall be 
                the powers, remedies, and procedures this Act provides 
                to the Commission, the Attorney General, the Librarian 
                of Congress, or any person, respectively, alleging an 
                unlawful practice in violation of subsection (a) or (c) 
                of section 303 against an employee described in section 
                302(5)(E), except as provided in subparagraphs (B) and 
                (C) of this paragraph.
                    (B) Costs and fees.--The powers, remedies, and 
                procedures provided in subsections (b) and (c) of 
                section 722 of the Revised Statutes (42 U.S.C. 1988) 
                shall be the powers, remedies, and procedures this Act 
                provides to the Commission, the Attorney General, the 
                Librarian of Congress, or any person alleging such 
                practice.
                    (C) Damages.--The powers, remedies, and procedures 
                provided in section 1977A of the Revised Statutes (42 
                U.S.C. 1981a), including the limitations contained in 
                subsection (b)(3) of such section 1977A, shall be the 
                powers, remedies, and procedures this Act provides to 
                the Commission, the Attorney General, the Librarian of 
                Congress, or any person alleging such practice (not an 
                employment practice specifically excluded from coverage 
                under section 1977A(a)(1) of the Revised Statutes (42 
                U.S.C. 1981a(a)(1))).
    (b) Discrimination by a Public Agency.--
            (1) In general.--Any public agency that violates section 
        303(b) shall be liable to any individual affected--
                    (A) for damages equal to--
                            (i) the value of the benefits denied or 
                        lost to such individual by reason of the 
                        violation, or in a case in which benefits have 
                        not been denied or lost to the individual, any 
                        actual monetary losses sustained by the 
                        individual as a direct result of the violation; 
                        and
                            (ii) punitive damages of not more than 
                        $100,000; and
                    (B) for such equitable relief as may be 
                appropriate.
            (2) Right of action.--An action to recover the damages or 
        equitable relief prescribed in paragraph (1) may be maintained 
        against any public agency in any Federal or State court of 
        competent jurisdiction by any one or more affected individuals 
        for and on behalf of--
                    (A) the individuals; or
                    (B) the individuals and other individuals similarly 
                situated.
            (3) Fees and costs.--The court in such an action shall, in 
        addition to any judgment awarded to the plaintiff, allow a 
        reasonable attorney's fee, reasonable expert witness fees, and 
        other costs of the action to be paid by the defendant.

SEC. 305. RULEMAKING.

    (a) EEOC Rulemaking.--The Commission shall issue regulations, to 
carry out this title.
    (b) OCWR Rulemaking.--
            (1) In general.--Not later than 6 months after the 
        Commission issues regulations under subsection (a), the Board 
        shall (in accordance with section 304 of the Congressional 
        Accountability Act of 1995 (2 U.S.C. 1384)), subject to 
        paragraph (2), issue regulations to implement the provisions of 
        this title made applicable to employees described in section 
        302(5)(B), under section 304(a)(2).
            (2) Exceptions.--Section 304 of the Congressional 
        Accountability Act of 1995 shall be applied under paragraph (1) 
        by disregarding subsections (b)(4) and (c) of such section, and 
        the references in subsections (d) and (e) of such section to 
        ``subsection (c)'' and ``approval''.
            (3) Parallel with agency regulations.--The regulations 
        issued under paragraph (1) shall be the same as substantive 
        regulations issued by the Commission under subsection (a) 
        except to the extent that the Board may determine, for good 
        cause shown and stated together with the regulations issued 
        under paragraph (1) that a modification of such substantive 
        regulations would be more effective for the implementation of 
        the rights and protection under this title.

SEC. 306. ATTORNEY'S FEES.

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

  TITLE IV--ENTITLEMENT TO UNEMPLOYMENT COMPENSATION FOR VICTIMS OF A 
                       QUALIFYING ACT OF VIOLENCE

SEC. 401. UNEMPLOYMENT COMPENSATION FOR VICTIMS OF A QUALIFYING ACT OF 
              VIOLENCE.

    (a) In General.--Section 3304 of the Internal Revenue Code of 1986, 
as previously amended by this title, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (18), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (19) as paragraph 
                (20); and
                    (C) by inserting after paragraph (18) the following 
                new paragraph:
            ``(19) an individual shall not be denied compensation under 
        such State law solely on the basis of the individual having a 
        voluntary separation from work if such separation is 
        attributable to such individual being a victim of a qualifying 
        act of violence; and''; and
            (2) by adding at the end the following new subsection:
    ``(g) Victims of a Qualifying Act of Violence.--
            ``(1) Documentation.--For purposes of subsection (a)(19), a 
        voluntary separation of an individual shall be considered to be 
        attributable to such individual being a victim of a qualifying 
        act of violence if such individual submits such evidence as the 
        State deems sufficient.
            ``(2) Sufficient documentation.--For purposes of paragraph 
        (1), a State shall deem sufficient--
                    ``(A) evidence of such qualifying act of violence 
                in the form of--
                            ``(i) a sworn statement and a form of 
                        identification;
                            ``(ii) a police or court record;
                            ``(iii) documentation from a professional 
                        from whom such individual has sought 
                        assistance, including those associated with 
                        medical, legal, or religious professions or a 
                        victim services organization; or
                            ``(iv) any other documentation determined 
                        appropriate by the Secretary of Labor or the 
                        State; and
                    ``(B) an attestation that such voluntary separation 
                is attributable to such qualifying act of violence.
            ``(3) Qualifying act of violence, victim of a qualifying 
        act of violence, and victim services organization defined.--
                    ``(A) In general.--Subject to subparagraph (B), in 
                this section, the terms `qualifying act of violence', 
                `victim of a qualifying act of violence', and `victim 
                services organization', and have the meaning given such 
                terms in section 3 of the SAFE for Survivors Act of 
                2024, except that if the corresponding paragraph for 
                any such term is amended after the date of enactment of 
                this subsection, such amendment shall not apply for the 
                purpose of this section until the earlier of--
                            ``(i) the date the State changes its 
                        statutes, regulations, or policies in order to 
                        comply with such amendment; or
                            ``(ii) the date that is 2 years after the 
                        date of enactment of such amendment.
                    ``(B) States may apply broader definition.--A State 
                may adopt a broader definition of any term under 
                subparagraph (A).''.
    (b) Unemployment Compensation Personnel Training.--Section 303(a) 
of the Social Security Act (42 U.S.C. 503(a)) is amended--
            (1) by redesignating paragraphs (4) through (12) as 
        paragraphs (5) through (13), respectively; and
            (2) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) Such methods of administration as will ensure that--
                    ``(A) applicants for unemployment compensation and 
                individuals inquiring about such compensation are 
                adequately notified of the provisions of subsections 
                (a)(19) and (g) of section 3304 of the Internal Revenue 
                Code of 1986 (relating to the availability of 
                unemployment compensation for victims of a qualifying 
                act of violence); and
                    ``(B) claims reviewers and hearing personnel are 
                adequately trained in--
                            ``(i) the nature and dynamics of a 
                        qualifying act of violence (as those terms are 
                        defined in subsection (g) of such section 
                        3304); and
                            ``(ii) methods of ascertaining and keeping 
                        confidential information about possible 
                        experiences of a qualifying act of violence (as 
                        so defined) to ensure that--
                                    ``(I) requests for unemployment 
                                compensation based on separations 
                                stemming from a qualifying act of 
                                violence (as so defined) are reliably 
                                screened, identified, and adjudicated; 
                                and
                                    ``(II) full confidentiality is 
                                provided for the individual's claim and 
                                submitted evidence; and''.
    (c) Qualifying Act of Violence Training Grant Program.--
            (1) Grant authorized.--The Secretary of Labor (in this 
        subsection referred to as the ``Secretary'') is authorized to 
        award a grant to a national, State, or local victim services 
        organization in order for such organization to--
                    (A) develop and disseminate a model training 
                program (and related materials) for the training 
                required under section 303(a)(4)(B) of the Social 
                Security Act, as added by subsection (b); and
                    (B) provide technical assistance with respect to 
                such model training program; and
            (2) Application.--A national, State, or local victim 
        services organization seeking a grant under this subsection 
        shall submit an application to the Secretary at such time, in 
        such form and manner, and containing such information as the 
        Secretary specifies.
            (3) Reports.--
                    (A) Reports to congress.--The Secretary shall 
                annually submit a report to Congress on the grant 
                program established under this subsection.
                    (B) Reports available to public.--The Secretary 
                shall establish procedures for the dissemination to the 
                public of each report submitted under subparagraph (A). 
                Such procedures shall include the use of the Internet 
                to disseminate such reports.
            (4) Authorization of appropriations.--
                    (A) Authorization.--There are authorized to be 
                appropriated for fiscal year 2025 such sums as may be 
                necessary to carry out the provisions of paragraph (1).
                    (B) Three-year availability of grant funds.--The 
                recipient of a grant under paragraph (1) shall return 
                to the Secretary any unused portion of such grant not 
                later than 3 years after the date the grant was 
                awarded, together with any earnings on such unused 
                portion.
    (d) Effect on Existing Laws, etc.--
            (1) More protective laws, agreements, programs, and 
        plans.--Nothing in this section shall be construed to supersede 
        any provision of any Federal, State, or local law, collective 
        bargaining agreement, or employment benefits program or plan 
        that provides greater unemployment insurance benefits for 
        victims of a qualifying act of violence than the rights 
        established under this section.
            (2) Less protective laws, agreements, programs, and 
        plans.--The rights established for victims of a qualifying act 
        of violence under this section shall not be diminished by any 
        more restrictive State or local law, collective bargaining 
        agreement, or employment benefits program or plan.
    (e) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply to weeks of unemployment beginning on or after the earlier 
of--
            (1) the date the State changes its statutes, regulations, 
        or policies in order to comply with such amendments; or
            (2) January 1, 2027.

TITLE V--INSURANCE PROTECTIONS AND SUPPORT FOR VICTIMS OF A QUALIFYING 
                            ACT OF VIOLENCE

                   Subtitle A--Insurance Protections

SEC. 501. DEFINITIONS.

    In this title:
            (1) Abuser.--The term ``abuser'' means the individual who 
        commits a qualifying act of violence.
            (2) Insured.--The term ``insured'' means a party named on a 
        policy, certificate, or health benefit plan, including an 
        individual, a corporation, a partnership, an association, an 
        unincorporated organization, or any similar entity, as the 
        person with legal rights to the benefits provided by the 
        policy, certificate, or health benefit plan. For group 
        insurance, the term includes a person who is a beneficiary 
        covered by a group policy, certificate, or health benefit plan. 
        For life insurance, the term refers to the person whose life is 
        covered under an insurance policy.
            (3) Insurer.--The term ``insurer'' means any person, 
        reciprocal exchange, inter insurer, Lloyds insurer, fraternal 
        benefit society, or other legal entity engaged in the business 
        of insurance, including agents, brokers, adjusters, and third-
        party administrators. The term includes employers who provide 
        or make available employment benefits through an employee 
        benefit plan, as defined in section 3(3) of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)). The 
        term also includes health insurance issuers, as defined by 
        section 2791(b) of the Public Health Service Act (42 U.S.C. 
        300gg-91(b)), health benefit plans, and life, disability, and 
        property and casualty insurers.
            (4) Policy.--The term ``policy'' means a contract of 
        insurance, certificate, indemnity, suretyship, or annuity 
        issued, proposed for issuance, or intended for issuance by an 
        insurer, including endorsements or riders to an insurance 
        policy or contract.

SEC. 502. DISCRIMINATORY ACTS PROHIBITED.

    (a) In General.--No insurer may, directly or indirectly, engage in 
any of the following acts or practices on the basis that the applicant 
or insured, or any person employed by the applicant or insured or with 
whom the applicant or insured is known to have a relationship or 
association, is, has been, or may be a victim of a qualifying act of 
violence or has incurred or may incur claims related to a qualifying 
act of violence:
            (1) Denying, refusing to issue, renew, or reissue, or 
        canceling or otherwise terminating an insurance policy or 
        health benefit plan.
            (2) Restricting, excluding, or limiting insurance coverage 
        for losses or denying a claim, except as otherwise permitted or 
        required by State laws relating to life insurance 
        beneficiaries.
            (3) Adding a premium differential to any insurance policy 
        or health benefit plan.
    (b) Prohibition on Limitation of Claims.--No insurer may, directly 
or indirectly, deny or limit payment to an insured who is a victim of a 
qualifying act of violence if the claim for payment is a result of such 
qualifying act of violence.
    (c) Prohibition on Termination.--
            (1) In general.--No insurer may terminate health coverage 
        for a victim of a qualifying act of violence because coverage 
        was originally issued in the name of the abuser and the abuser 
        has divorced, separated from, or lost custody of the victim or 
        the victim's coverage has terminated voluntarily or 
        involuntarily and the victim does not qualify for an extension 
        of coverage under part 6 of subtitle B of title I of the 
        Employee Retirement Income Security Act of 1974 (29 U.S.C. 1161 
        et seq.) or section 4980B of the Internal Revenue Code of 1986.
            (2) Payment of premiums.--Nothing in paragraph (1) shall be 
        construed to prohibit the insurer from requiring that the 
        victim of a qualifying act of violence pay the full premium for 
        the victim's coverage under the health plan if the requirements 
        are applied to all insured of the insurer.
            (3) Exception.--An insurer may terminate group coverage to 
        which this subsection applies after the continuation coverage 
        period required by this subsection has been in force for 18 
        months if it offers conversion to an equivalent individual 
        plan.
            (4) Continuation coverage.--The continuation of health 
        coverage required by this subsection shall be satisfied by any 
        extension of coverage under part 6 of subtitle B of title I of 
        the Employee Retirement Income Security Act of 1974 (29 U.S.C. 
        1161 et seq.) or section 4980B of the Internal Revenue Code of 
        1986 provided to a victim of domestic violence, dating 
        violence, sexual assault, or stalking and is not intended to be 
        in addition to any extension of coverage otherwise provided for 
        under such part 6 or section 4980B.
    (d) Use of Information.--
            (1) Limitation.--
                    (A) In general.--In order to protect the safety and 
                privacy of victims of qualifying acts of violence, no 
                person employed by or contracting with an insurer or 
                health benefit plan may (without the consent of the 
                victim)--
                            (i) use, disclose, or transfer information 
                        relating to the status of a victim of a 
                        qualifying act of violence as such a victim, a 
                        qualifying act of violence, medical conditions 
                        related to a qualifying act of violence, or the 
                        applicant's or insured's status as a family 
                        member, employer, associate, or person in a 
                        relationship with a victim of a qualifying act 
                        of violence for any purpose unrelated to the 
                        direct provision of health care services unless 
                        such use, disclosure, or transfer is required 
                        by an order of an entity with authority to 
                        regulate insurance or an order of a court of 
                        competent jurisdiction; or
                            (ii) disclose or transfer information 
                        relating to an applicant's or insured's mailing 
                        address or telephone number or the mailing 
                        address and telephone number of a shelter for 
                        victims of a qualifying act of violence, unless 
                        such disclosure or transfer--
                                    (I) is required in order to provide 
                                insurance coverage; and
                                    (II) does not have the potential to 
                                endanger the safety of a victim of a 
                                qualifying act of violence.
                    (B) Rule of construction.--Nothing in this 
                paragraph may be construed to limit or preclude a 
                victim of a qualifying act of violence from obtaining 
                the victim's own insurance records from an insurer.
            (2) Authority of victims.--A victim of a qualifying act of 
        violence, at the absolute discretion of the victim, may provide 
        evidence of a qualifying act of violence to an insurer for the 
        limited purpose of facilitating treatment of a condition 
        related to such qualifying act of violence or demonstrating 
        that a condition is related to such qualifying act of violence. 
        Nothing in this paragraph shall be construed as authorizing an 
        insurer to disregard such provided evidence.

SEC. 503. INSURANCE PROTOCOLS FOR VICTIMS OF A QUALIFYING ACT OF 
              VIOLENCE.

    Each insurer shall develop and adhere to written policies 
specifying procedures to be followed by employees, contractors, 
producers, agents, and brokers for the purpose of protecting the safety 
and privacy of a victim of a qualifying act of violence and otherwise 
implementing this subtitle when taking an application, investigating a 
claim, or taking any other action relating to a policy or claim 
involving a victim of a qualifying act of violence.

SEC. 504. REASONS FOR ADVERSE ACTIONS.

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

SEC. 505. LIFE INSURANCE.

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

SEC. 506. SUBROGATION WITHOUT CONSENT PROHIBITED.

    Subrogation of claims resulting from a qualifying act of violence 
is prohibited without the informed consent of the victim of a 
qualifying act of violence.

SEC. 507. ENFORCEMENT.

    (a) Federal Trade Commission.--Any act or practice prohibited by 
this subtitle shall be treated as an unfair and deceptive act or 
practice pursuant to section 5 of the Federal Trade Commission Act (15 
U.S.C. 45) and the Federal Trade Commission shall enforce this subtitle 
in the same manner, by the same means, and with the same jurisdiction, 
powers, and duties as though all applicable terms and provisions of the 
Federal Trade Commission Act were incorporated into and made a part of 
this subtitle, including issuing a cease and desist order granting any 
individual relief warranted under the circumstances, including 
temporary, preliminary, and permanent injunctive relief and 
compensatory damages.
    (b) Private Cause of Action.--
            (1) In general.--An applicant or insured who believes that 
        the applicant or insured has been adversely affected by an act 
        or practice of an insurer in violation of this subtitle may 
        maintain an action against the insurer in a Federal or State 
        court of original jurisdiction.
            (2) Relief.--Upon proof of such conduct by a preponderance 
        of the evidence in an action described in paragraph (1), the 
        court may award appropriate relief, including temporary, 
        preliminary, and permanent injunctive relief and compensatory 
        and punitive damages, as well as the costs of suit and 
        reasonable fees for the aggrieved individual's attorneys and 
        expert witnesses.
            (3) Statutory damages.--With respect to compensatory 
        damages in an action described in paragraph (1), the aggrieved 
        individual may elect, at any time prior to the rendering of 
        final judgment, to recover in lieu of actual damages, an award 
        of statutory damages in the amount of $5,000 for each 
        violation.

SEC. 508. APPLICABILITY.

    This subtitle shall apply with respect to any action taken after 
the enactment of this Act.

             Subtitle B--Supporting and Empowering Victims

SEC. 511. QUALIFYING ACTS OF VIOLENCE EDUCATION AND INFORMATION 
              PROGRAMS FOR VICTIMS.

    (a) Public Education Program.--
            (1) In general.--The Secretary of Labor, in conjunction 
        with the Secretary of Health and Human Services (through the 
        Director of the Centers for Disease Control and Prevention and 
        the grant recipient carrying out the National Resource Center 
        on Domestic Violence) and the Attorney General (through the 
        Principal Deputy Director of the Office on Violence Against 
        Women), shall coordinate and provide for a national public 
        outreach and education campaign, including culturally 
        appropriate materials, to raise public awareness of qualifying 
        acts of violence, including outreach and education for 
        employers, service providers, teachers, and other key partners.
            (2) Dissemination.--The Secretary of Labor, in conjunction 
        with the Secretary of Health and Human Services and the 
        Attorney General, as described in paragraph (1), may 
        disseminate information through the public outreach and 
        education campaign on the resources and rights referred to in 
        this subsection directly or through arrangements with health 
        agencies, professional and nonprofit organizations, consumer 
        groups, labor organizations, institutions of higher education, 
        clinics, the media, and Federal, State, and local agencies.
            (3) Information.--The information disseminated under 
        paragraph (2) shall include, at a minimum, a description of--
                    (A) the resources and rights that are--
                            (i) available to victims of qualifying acts 
                        of violence; and
                            (ii) established in this Act and the 
                        Violence Against Women Act of 1994 (34 U.S.C. 
                        12291 et seq.);
                    (B) guidelines and best practices on prevention of 
                qualifying acts of violence;
                    (C) resources that promote healthy relationships 
                and communication skills;
                    (D) resources that encourage bystander intervention 
                in a situation involving qualifying acts of violence;
                    (E) resources that promote workplace policies that 
                support and help maintain the economic security of 
                victims of qualifying acts of violence; and
                    (F) resources and rights that the heads of Federal 
                agencies described in paragraph (2) determine are 
                appropriate to include.
    (b) Information Program for Employers.--
            (1) In general.--The Secretary of Labor and the Secretary 
        of Health and Human Services, in consultation with major 
        women's advocacy groups and medical and public health 
        organizations, shall develop and disseminate to employers 
        information on the entitlement of victims of a qualifying act 
        of violence to safe leave under title II.
            (2) Information.--The information disseminated under 
        paragraph (1) shall include, at a minimum--
                    (A) information describing employers' 
                responsibilities and employees' rights under title II;
                    (B) recommendations for carrying out those 
                responsibilities and providing for those rights;
                    (C) recommendations for supporting employees when 
                the employees seek safe leave under title II;
                    (D) information on best practices for supporting 
                victims of a qualifying act of violence;
                    (E) information on best practices for preventing 
                qualifying acts of violence; and
                    (F) information explaining how to obtain additional 
                copies of the information developed under paragraph (1) 
                for distribution to the employees.
    (c) Study on Workplace Responses.--The Secretary of Labor, in 
conjunction with the Secretary of Health and Human Services, shall 
conduct a study on the status of workplace responses to employees who 
experience a qualifying act of violence while employed, in each State 
and nationally, to improve the access of victims of a qualifying act of 
violence to supportive resources and economic security.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2025 through 2029.

SEC. 512. INVESTING IN PUBLIC HEALTH INFRASTRUCTURE TO IMPROVE SUPPORT 
              FOR VICTIMS.

    Section 303(c) of the Family Violence Prevention and Services Act 
(42 U.S.C. 10403(c)) is amended by striking ``314'' and all that 
follows and inserting ``314 $15,000,000 for each of fiscal years 2025 
through 2029.''.

                         TITLE VI--SEVERABILITY

SEC. 601. SEVERABILITY.

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