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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1468 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 1468

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 28, 2019

    Ms. Roybal-Allard (for herself, Mr. Aguilar, Ms. Barragan, Ms. 
    Bonamici, Mr. Brendan F. Boyle of Pennsylvania, Ms. Brownley of 
 California, Mr. Cicilline, Ms. Clark of Massachusetts, Ms. Clarke of 
    New York, Mr. Cohen, Mr. Correa, Mr. Cummings, Mr. DeFazio, Ms. 
  DeLauro, Mr. Deutch, Mrs. Dingell, Mr. Espaillat, Ms. Frankel, Mr. 
   Gallego, Mr. Hastings, Ms. Jackson Lee, Ms. Johnson of Texas, Ms. 
Kaptur, Mr. Khanna, Mr. Kilmer, Ms. Kuster of New Hampshire, Ms. Lee of 
   California, Mrs. Carolyn B. Maloney of New York, Ms. Matsui, Ms. 
   McCollum, Mr. McGovern, Mr. McNerney, Mr. Meeks, Ms. Moore, Mrs. 
Napolitano, Ms. Norton, Ms. Omar, Mr. Pocan, Mr. Quigley, Mr. Richmond, 
Mr. Ruiz, Mr. Rush, Mr. Ryan, Mr. Sablan, Ms. Schakowsky, Mr. Serrano, 
  Ms. Speier, Mr. Swalwell of California, Mr. Takano, Ms. Titus, Mrs. 
Torres of California, Ms. Velazquez, Ms. Wasserman Schultz, Mrs. Watson 
 Coleman, Ms. Wild, and Mr. Soto) introduced the following bill; which 
 was referred to the Committee on Education and Labor, and in addition 
   to the Committees on Financial Services, Ways and Means, and the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

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

    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 Act of 2019'' or the ``SAFE Act of 2019''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
    TITLE I--REAUTHORIZATION OF NATIONAL RESOURCE CENTER GRANTS ON 
WORKPLACE RESPONSES TO ASSIST SURVIVORS OF DOMESTIC AND SEXUAL VIOLENCE

Sec. 101. Grant program reauthorization.
TITLE II--SAFE LEAVE FOR ADDRESSING DOMESTIC VIOLENCE, DATING VIOLENCE, 
                      SEXUAL ASSAULT, OR STALKING

Sec. 201. Definitions.
Sec. 202. Entitlement to safe leave for addressing domestic violence, 
                            dating violence, sexual assault, or 
                            stalking.
Sec. 203. Existing leave usable for addressing domestic violence, 
                            dating violence, sexual assault, or 
                            stalking.
Sec. 204. Emergency benefits.
Sec. 205. Rule of construction.
Sec. 206. Regulations.
            TITLE III--SURVIVORS' EMPLOYMENT SUSTAINABILITY

Sec. 301. Short title.
Sec. 302. Prohibited discriminatory acts.
Sec. 303. Enforcement.
Sec. 304. Regulations.
Sec. 305. Attorney's fees.
  TITLE IV--ENTITLEMENT TO UNEMPLOYMENT COMPENSATION FOR SURVIVORS OF 
    DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING

Sec. 401. Unemployment compensation and training provisions.
 TITLE V--INSURANCE PROTECTIONS AND SUPPORT FOR SURVIVORS OF DOMESTIC 
         VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING

                   Subtitle A--Insurance Protections

Sec. 501. Definitions.
Sec. 502. Discriminatory acts prohibited.
Sec. 503. Insurance protocols for survivors of domestic violence, 
                            dating violence, sexual assault, or 
                            stalking.
Sec. 504. Reasons for adverse actions.
Sec. 505. Life insurance.
Sec. 506. Subrogation without consent prohibited.
Sec. 507. Enforcement.
Sec. 508. Applicability.
            Subtitle B--Supporting and Empowering Survivors

Sec. 511. Study and reports on barriers to survivors' economic security 
                            access.
Sec. 512. Domestic violence, dating violence, sexual assault, and 
                            stalking education and information programs 
                            for survivors.
Sec. 513. Investing in public health infrastructure to improve support 
                            for survivors.
Sec. 514. Financial literacy and advocacy for survivors of domestic 
                            violence, dating violence, sexual assault, 
                            or stalking.
                         TITLE VI--SEVERABILITY

Sec. 601. Severability.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Over 1 in 3 women experience sexual violence, and 1 in 
        5 women have survived completed or attempted rape. 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) 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.
            (3) The Centers for Disease Control and Prevention report 
        that domestic violence or intimate partner violence is a 
        serious public health issue for millions of individuals in the 
        United States. Nearly 1 in 4 women and 1 in 9 men in the United 
        States have suffered sexual violence, physical violence, or 
        stalking by an intimate partner.
            (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 11 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, and 64 percent indicated their workplace 
        performance was affected. 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) Studies find that 60 percent of single women lack 
        economic security and 81 percent of households with single 
        mothers live in economic insecurity. 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 Centers for Disease Control and Prevention 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) Fifty-five percent of senior executives recently 
        surveyed said domestic violence has a harmful effect on their 
        company's productivity, and more than 70 percent said domestic 
        violence negatively affects attendance. 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 
        four percent of employers provided training on domestic 
        violence.
            (12) 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.
            (13) 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.
            (14) 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, to 
        defaulting on joint obligations (e.g. school loans, credit card 
        debt, mortgage, or rent). Other forms may include preventing 
        someone from attending school, threatening to or actually 
        terminating employment, controlling or withholding access to 
        cash, checking, or credit accounts, attempts to damage or 
        sabotage an intimate partner's creditworthiness, including 
        forcing a survivor to write bad checks, including forcing a 
        survivor to default on payments related to household needs, 
        such as housing, or forcing a survivor into bankruptcy.
            (15) 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.
            (16) 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, or 
                stalking for unemployment compensation;
                    (C) provide job protection to survivors of domestic 
                violence, dating violence, sexual assault, or stalking;
                    (D) prohibit insurers and employers who self-insure 
                employee benefits from discriminating against survivors 
                of domestic violence, dating violence, sexual assault, 
                or stalking 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.
            (17) October is National Domestic Violence Awareness Month.
            (18) 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.

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

SEC. 101. GRANT PROGRAM REAUTHORIZATION.

    (a) Information and Assistance to Survivor 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 survivor services 
organizations (as defined in section 201 of the Security And Financial 
Empowerment Act of 2019) (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. 14043f) is amended by adding at 
the end the following:
    ``(g) Administrative Costs.--
            ``(1) In general.--From the amount appropriated pursuant to 
        subsection (e) 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 (e) for each fiscal year, the Director 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 DOMESTIC VIOLENCE, DATING VIOLENCE, 
                      SEXUAL ASSAULT, OR STALKING

SEC. 201. DEFINITIONS.

    As used in this title, the following definitions apply:
            (1) Domestic violence; dating violence; sexual assault; 
        stalking.--The terms ``domestic violence'', ``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).
            (2) 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.
                    (B) Committed relationship defined.--The term 
                ``committed relationship'' means a relationship between 
                two individuals, each at least 18 years of age, in 
                which each individual is the other individual's sole 
                domestic partner and both individuals share 
                responsibility for a significant measure of each 
                other's common welfare. The term includes any such 
                relationship between two individuals, including 
                individuals of the same sex, that is granted legal 
                recognition by a State or political subdivision of a 
                State as a marriage or analogous relationship, 
                including a civil union or domestic partnership.
            (3) 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).
            (4) Employee.--
                    (A) In general.--The term ``employee'' means any 
                person employed by an employer. In the case of an 
                individual employed by a public agency, such term means 
                an individual employed as described in section 3(e)(2) 
                of the Fair Labor Standards Act of 1938 (29 U.S.C. 
                203(e)(2)).
                    (B) Basis.--The term includes a person employed as 
                described in subparagraph (A) on a full- or part-time 
                basis, for a fixed time period, on a temporary basis, 
                pursuant to a detail, or as a participant in a work 
                assignment as a condition of receipt of Federal or 
                State income-based public assistance.
            (5) Employer.--The term ``employer''--
                    (A) means any person engaged in commerce or in any 
                industry or activity affecting commerce who employs 15 
                or more individuals; and
                    (B) includes any person acting directly or 
                indirectly in the interest of an employer in relation 
                to an employee, and includes a public agency that 
                employs individuals as described in section 3(e)(2) of 
                the Fair Labor Standards Act of 1938, but does not 
                include any labor organization (other than when acting 
                as an employer) or anyone acting in the capacity of 
                officer or agent of such labor organization.
            (6) 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)).
            (7) Family or household member.--The term ``family or 
        household member'', used with respect to a person, 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 person is the 
                equivalent of a family relationship; and
                    (B) is not the abuser (as defined in section 501) 
                involved.
            (8) 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).
            (9) 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).
            (10) Public assistance.--The term ``public assistance'' 
        includes cash, benefits issued under a supplement 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.
            (11) Survivor of domestic violence, dating violence, sexual 
        assault, or stalking.--The term ``survivor of domestic 
        violence, dating violence, sexual assault, or stalking'' 
        includes--
                    (A) a person who has experienced or is experiencing 
                domestic violence, dating violence, sexual assault, or 
                stalking; and
                    (B) a person whose family or household member has 
                experienced or is experiencing domestic violence, 
                dating violence, sexual assault, or stalking.
            (12) Survivor services organization.--The term ``survivor 
        services organization'' means a nonprofit, nongovernmental 
        organization that provides assistance to survivors of domestic 
        violence, dating violence, sexual assault, or stalking, or to 
        advocates for such survivors, including a rape crisis center, 
        an organization carrying out a domestic violence program, an 
        organization operating a shelter or providing counseling 
        services, an organization providing assistance through the 
        legal process, or another entity that provides assistance to 
        such survivors.

SEC. 202. 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 30 days of safe leave in a 12-
month period to be used as described in subsection (c). The 30 days of 
safe leave may be unpaid leave, except that the employee may elect to 
substitute the leave earned by the employee under subsection (b)(1) or 
under section 203. An employee may take not more than a total of 30 
days of unpaid safe leave, and 56 hours of paid safe leave earned by 
the employee under subsection (b)(1), 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) Safe Leave.--
            (1) In general.--In addition to the 30 days of safe leave 
        described in subsection (a), the employer shall provide each 
        employee employed by the employer not less than one hour of 
        earned paid safe leave for every 30 hours worked, to be used as 
        described in subsection (c). An employer shall not be required 
        to permit an employee to earn, under this subsection, more than 
        56 hours of paid safe leave in a year, unless the employer 
        chooses to set a higher limit.
            (2) Exempt employees.--
                    (A) In general.--Except as provided in paragraph 
                (3), for purposes of this subsection, an employee who 
                is exempt from overtime requirements under section 
                13(a)(1) of the Fair Labor Standards Act of 1938 (29 
                U.S.C. 213(a)(1)) shall be assumed to work 40 hours in 
                each workweek.
                    (B) Shorter normal workweek.--If the normal 
                workweek of such an employee is less than 40 hours, the 
                employee shall earn paid safe leave based upon that 
                normal workweek.
            (3) Dates for beginning to earn paid safe leave and use.--
        Employees shall begin to earn paid safe leave under this 
        subsection at the commencement of their employment. An employee 
        shall be entitled to use the earned paid safe leave beginning 
        on the 60th calendar day following commencement of the 
        employee's employment. After that 60th calendar day, the 
        employee may use the paid safe leave as the leave is earned. An 
        employer may, at the discretion of the employer, loan paid safe 
        leave to an employee for use by such employee in advance of the 
        employee earning such safe leave as provided in this subsection 
        and may permit use before the 60th day of employment.
            (4) Carryover.--
                    (A) In general.--Except as provided in subparagraph 
                (B), paid safe leave earned under this subsection shall 
                carry over from one year to the next.
                    (B) Construction.--This title shall not be 
                construed to require an employer to permit an employee 
                to earn more than 56 hours of earned paid safe leave at 
                a given time.
            (5) Employers with existing policies.--Any employer with a 
        paid leave policy who makes available an amount of paid leave 
        that is sufficient to meet the requirements of this subsection 
        and that may be used for the same purposes and under the same 
        conditions as the purposes and conditions outlined in 
        subsection (c) shall not be required to permit an employee to 
        earn additional paid safe leave under this subsection.
            (6) 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.
            (7) 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.
    (c) Uses.--Safe leave earned under this section may be used by an 
employee for an absence resulting from domestic violence, dating 
violence, sexual assault, or stalking, if the leave is to--
            (1) seek medical attention for the employee or the 
        employee's family or household member, to recover from physical 
        or psychological injury or disability caused by domestic 
        violence, dating violence, sexual assault, or stalking;
            (2) obtain or assist a family or household member in 
        obtaining services from a survivor services organization;
            (3) obtain or assist a family or household member in 
        obtaining behavioral health services or counseling;
            (4) participate in safety planning, temporary or permanent 
        relocation, or taking other actions, to increase the safety of 
        the employee or family or household member; or
            (5) take legal action, including preparing for or 
        participating in any civil or criminal legal proceeding related 
        to or resulting from domestic violence, dating violence, sexual 
        assault, or stalking.
    (d) 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) Scheduling.--An employee shall make a reasonable effort 
        to schedule a period of safe leave under this title in a manner 
        that does not unduly disrupt the operations of the employer, 
        unless scheduling the period of leave in that manner is not 
        practicable.
            (3) Certification.--
                    (A) In general.--An employer may require that a 
                request for safe leave under this section for a purpose 
                described in subsection (c) be supported--
                            (i) by any form of certification (but the 
                        employer may not specify the particular form of 
                        certification to be provided) consisting of--
                                    (I) a sworn statement of the 
                                employee or the family or household 
                                member, as the case may be;
                                    (II) a police report indicating 
                                that the employee, or a family or 
                                household member of the employee, was a 
                                survivor of domestic violence, dating 
                                violence, sexual assault, or stalking;
                                    (III) a court order protecting or 
                                separating the employee or a family or 
                                household member of the employee from 
                                the perpetrator of an act of domestic 
                                violence, dating violence, sexual 
                                assault, or stalking, 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 domestic 
                                violence, dating violence, sexual 
                                assault, or stalking;
                                    (IV) documentation from an employee 
                                or volunteer working for a survivor 
                                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 survivor of 
                                domestic violence, dating violence, 
                                sexual assault, or stalking; or
                                    (V) other corroborating evidence 
                                concerning the employee or family or 
                                household member; and
                            (ii) if the survivor is the employee's 
                        family or household member, in order to verify 
                        the employee's relationship with the survivor, 
                        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 certification shall 
                        state the reason that the safe leave is 
                        required with the facts to be disclosed limited 
                        to the minimum necessary to establish a need 
                        for the employee to be absent from work, and 
                        the employee shall not be required to explain 
                        the details of the domestic violence, dating 
                        violence, sexual assault, or stalking involved.
                            (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, not later than 30 days after the first day of 
                the period of leave to the extent possible. The 
                employer shall not delay the commencement of the period 
                of leave on the basis that the employer has not yet 
                received the certification.
            (4) 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.
    (e) Confidentiality; Nondisclosure for Survivors.--
            (1) Confidentiality.--All information provided to the 
        employer pursuant to subsection (c) or (d), and the facts that 
        the employee or family or household member is a survivor of 
        domestic violence, dating violence, sexual assault, or 
        stalking, 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 
        survivor of domestic violence, dating violence, sexual assault, 
        or stalking 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 (d)(3)(A).
            (3) Nondisclosure.--If an employer possesses health 
        information about an employee or an employee's family or 
        household member, 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.
    (f) 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) Exemption concerning certain highly compensated 
        employees.--
                    (A) Denial of restoration.--An employer may deny 
                restoration under paragraph (1) to any employee 
                described in subparagraph (B) if--
                            (i) such denial is necessary to prevent 
                        substantial and grievous economic injury to the 
                        operations of the employer;
                            (ii) the employer notifies the employee of 
                        the intent of the employer to deny restoration 
                        on such basis at the time the employer 
                        determines that such injury would occur; and
                            (iii) in any case in which the leave has 
                        commenced, the employee elects not to return to 
                        employment after receiving such notice.
                    (B) Affected employees.--An employee referred to in 
                subparagraph (A) is a salaried employee who is among 
                the highest paid 10 percent of the employees employed 
                by the employer within 75 miles of the facility at 
                which the employee is employed.
            (3) Maintenance of health benefits.--
                    (A) Coverage.--Except as provided in subparagraph 
                (B), during any period that an employee takes leave 
                under this section, the employer shall maintain 
                coverage under any group health plan (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.
                    (B) Failure to return from leave.--The employer may 
                recover the premium that the employer paid for 
                maintaining coverage for the employee under such group 
                health plan during any period of leave under this 
                section if--
                            (i) the employee fails to return from leave 
                        under this section after the period of leave to 
                        which the employee is entitled has expired; and
                            (ii) the employee fails to return to work 
                        for a reason other than--
                                    (I) the continuation of, recurrence 
                                of, or onset of an episode of domestic 
                                violence, dating violence, sexual 
                                assault, or stalking, that entitles the 
                                employee to leave pursuant to this 
                                section; or
                                    (II) other circumstances beyond the 
                                control of the employee.
                    (C) Certification.--
                            (i) Issuance.--An employer may require an 
                        employee who claims that the employee is unable 
                        to return to work because of a reason described 
                        in subclause (I) or (II) of subparagraph 
                        (B)(ii) to provide, within a reasonable period 
                        after making the claim, certification to the 
                        employer that the employee is unable to return 
                        to work because of the circumstances that 
                        formed the basis for that claim.
                            (ii) Contents.--An employee may satisfy the 
                        certification requirement of clause (i) by 
                        providing to the employer--
                                    (I) a sworn statement of the 
                                employee;
                                    (II) documentation from an 
                                employee, agent, or volunteer of a 
                                survivor services organization, an 
                                attorney, a member of the clergy, or a 
                                medical or other professional, from 
                                whom the employee or the employee's 
                                family or household member has sought 
                                assistance in addressing domestic 
                                violence, dating violence, sexual 
                                assault, or stalking, including the 
                                effects of domestic violence, dating 
                                violence, sexual assault, or stalking;
                                    (III) a police or court record; or
                                    (IV) other corroborating evidence.
                    (D) Limitation on information requirements.--An 
                employer may not require an employee, under 
                subparagraph (C), to produce, discuss with the 
                employer, or provide--
                            (i) any additional information, beyond the 
                        information enumerated in this paragraph that 
                        establishes that the employee is unable to 
                        return as described in subparagraph (C)(i); or
                            (ii) any information that would compromise 
                        the safety of the employee or family or 
                        household member in any way.
                    (E) Confidentiality.--All information provided to 
                the employer pursuant to subparagraph (C), including a 
                statement of the employee or any other documentation, 
                record, or corroborating evidence, and the fact that 
                the employee is not returning to work because of a 
                reason described in subclause (I) or (II) of 
                subparagraph (B)(ii), shall be retained in the 
                strictest confidence by the employer, except to the 
                extent that disclosure is--
                            (i) requested or consented to by the 
                        employee in writing; or
                            (ii) otherwise required by applicable 
                        Federal or State law.
                    (F) Confidential communications.--The provision of 
                any information under this paragraph does not waive or 
                diminish the confidential or privileged nature of 
                communications between a survivor of domestic violence, 
                dating violence, sexual assault, or stalking with one 
                or more of the individuals or entities providing 
                information under subclause (II), (III), or (IV) of 
                subparagraph (C)(ii).
    (g) Prohibited Acts.--
            (1) Interference with rights.--Section 105(a) of the Family 
        and Medical Leave Act of 1993 (29 U.S.C. 2615(a)) shall apply 
        with respect to this title.
            (2) Interference with proceedings or inquiries.--Section 
        105(b) of the Family and Medical Leave Act of 1993 (29 U.S.C. 
        2615(b)) shall apply with respect to this title.
            (3) Public agency sanctions.--It shall be unlawful for any 
        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 the 
        individual--
                    (A) exercised or attempted to exercise any right 
                provided under this section for the individual or the 
                individual's family or household member; or
                    (B) opposed any practice made unlawful by this 
                section.
    (h) Enforcement.--
            (1) Civil action by affected individuals.--
                    (A) Liability.--Any employer that violates 
                subsection (g) shall be liable to any individual 
                affected--
                            (i) for damages equal to--
                                    (I) the amount of--
                                            (aa) any wages, salary, 
                                        employment benefits, or other 
                                        compensation denied or lost to 
                                        such individual by reason of 
                                        the violation; or
                                            (bb) in a case in which 
                                        wages, salary, employment 
                                        benefits, or other compensation 
                                        has not been denied or lost to 
                                        the individual, any actual 
                                        monetary losses sustained by 
                                        the individual as a direct 
                                        result of the violation;
                                    (II) the interest on the amount 
                                described in subclause (I) calculated 
                                at the prevailing rate; and
                                    (III) an additional amount as 
                                liquidated damages equal to the sum of 
                                the amount described in subclause (I) 
                                and the interest described in subclause 
                                (II), except that if an employer that 
                                has violated subsection (g) proves to 
                                the satisfaction of the court that the 
                                act or omission that violated 
                                subsection (g) was in good faith and 
                                that the employer had reasonable 
                                grounds for believing that the act or 
                                omission was not a violation of 
                                subsection (g), such court may, in the 
                                discretion of the court, reduce the 
                                amount of the liability to the amount 
                                and interest determined under 
                                subclauses (I) and (II), respectively; 
                                and
                            (ii) for such equitable relief as may be 
                        appropriate, including employment, 
                        reinstatement, and promotion.
                    (B) Right of action.--An action to recover the 
                damages or equitable relief prescribed in subparagraph 
                (A) may be maintained against any employer in any 
                Federal or State court of competent jurisdiction by any 
                one or more affected individuals for and on behalf of--
                            (i) the individuals; or
                            (ii) the individuals and other individuals 
                        similarly situated.
                    (C) Fees and costs.--The court in such an action 
                shall, in addition to any judgment awarded to the 
                plaintiff, allow a reasonable attorney's fee, 
                reasonable expert witness fees, and other costs of the 
                action to be paid by the defendant.
                    (D) Limitations.--The right provided by 
                subparagraph (B) to bring an action by or on behalf of 
                any affected individual shall terminate--
                            (i) on the filing of a complaint by the 
                        Secretary of Labor in an action under paragraph 
                        (4) in which restraint is sought of any further 
                        delay in the payment of the amount described in 
                        subparagraph (A)(i) to such individual by an 
                        employer responsible under subparagraph (A) for 
                        the payment; or
                            (ii) on the filing of a complaint by the 
                        Secretary of Labor in an action under paragraph 
                        (2) in which a recovery is sought of the 
                        damages described in subparagraph (A)(i) owing 
                        to an affected individual by an employer liable 
                        under subparagraph (A),
                unless the action described in clause (i) or (ii) is 
                dismissed without prejudice on motion of the Secretary 
                of Labor.
            (2) Action by the secretary of labor.--
                    (A) Administrative action.--The Secretary of Labor 
                shall receive, investigate, and attempt to resolve 
                complaints of violations of subsection (g) 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).
                    (B) Civil action.--The Secretary of Labor may bring 
                an action in any court of competent jurisdiction to 
                recover the damages described in paragraph (1)(A)(i).
                    (C) Sums recovered.--Any sums recovered by the 
                Secretary of Labor pursuant to subparagraph (B) shall 
                be held in a special deposit account and shall be paid, 
                on order of the Secretary, directly to each individual 
                affected. Any such sums not paid to such an individual 
                because of inability to do so within a period of three 
                years shall be deposited into the Treasury of the 
                United States as miscellaneous receipts.
            (3) Limitation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an action may be brought under this subsection not 
                later than two years after the date of the last event 
                constituting the alleged violation for which the action 
                is brought.
                    (B) Willful violation.--In the case of such action 
                brought for a willful violation of subsection (g), such 
                action may be brought within three years after the date 
                of the last event constituting the alleged violation 
                for which such action is brought.
                    (C) Commencement.--In determining when an action is 
                commenced by the Secretary of Labor under this 
                subsection for the purposes of this paragraph, it shall 
                be considered to be commenced on the date when the 
                complaint is filed.
            (4) Action for injunction by secretary of labor.--The 
        district courts of the United States shall have jurisdiction, 
        for cause shown, in an action brought by the Secretary of 
        Labor--
                    (A) to restrain violations of subsection (g), 
                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
                    (B) to award such other equitable relief as may be 
                appropriate, including employment, reinstatement, and 
                promotion.
            (5) Solicitor of labor.--The Solicitor of Labor may appear 
        for and represent the Secretary of Labor on any litigation 
        brought under this subsection.
            (6) Employer liability under other laws.--Nothing in this 
        section shall be construed to limit the liability of an 
        employer or public agency to an individual, for harm suffered 
        relating to the individual's experience of domestic violence, 
        dating violence, sexual assault, or stalking, pursuant to any 
        other Federal or State law, including a law providing for a 
        legal remedy.
            (7) Library of congress.--Notwithstanding any other 
        provision of this subsection, in the case of the Library of 
        Congress, the authority of the Secretary of Labor under this 
        subsection shall be exercised by the Librarian of Congress.
            (8) Certain public agency employers.--
                    (A) Agencies.--Notwithstanding any other provision 
                of this subsection, in the case of a public agency that 
                employs individuals as described in subparagraph (A) or 
                (B) of section 3(e)(2) of the Fair Labor Standards Act 
                of 1938 (29 U.S.C. 203(e)(2)) (other than an entity of 
                the legislative branch of the Federal Government), 
                subparagraph (B) shall apply.
                    (B) Authority.--In the case described in 
                subparagraph (A), the powers, remedies, and procedures 
                provided in the case of a violation of chapter 63 of 
                title 5, United States Code, in that title to an 
                employing agency, in chapter 12 of that title to the 
                Merit Systems Protection Board, or in that title to any 
                person alleging a violation of chapter 63 of that 
                title, shall be the powers, remedies, and procedures 
                this subsection provides in the case of a violation of 
                subsection (g) to that agency, that Board, or any 
                person alleging a violation of subsection (g), 
                concerning an employee who is an individual described 
                in subparagraph (A).
            (9) Public agencies providing public assistance.--
        Consistent with regulations prescribed under section 206(d), 
        the President shall ensure that any public agency that violates 
        subsection (g)(3), or subsection (g)(2) by discriminating as 
        described in subsection (g)(3), shall provide to any individual 
        who receives a less favorable amount, term, or condition of 
        public assistance as a result of the violation--
                    (A)(i) the amount of any public assistance denied 
                or lost to such individual by reason of the violation; 
                and
                    (ii) the interest on the amount described in clause 
                (i), calculated at the prevailing rate; and
                    (B) such equitable relief as may be appropriate.

SEC. 203. EXISTING LEAVE USABLE FOR ADDRESSING DOMESTIC VIOLENCE, 
              DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING.

    An employee who is entitled to take paid or unpaid leave (including 
family, medical, sick, annual, personal, or similar leave) from 
employment, pursuant to State or local law, a collective bargaining 
agreement, or an employment benefits program or plan, may elect to 
substitute any period of such leave for an equivalent period of leave 
provided under section 202.

SEC. 204. 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 202 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 202 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. 205. RULE OF CONSTRUCTION.

    (a) More Protective Laws, Agreements, Programs, and Plans.--Nothing 
in this title shall be construed to supersede any provision of any 
Federal, State, or local law, collective bargaining agreement, or 
employment benefits program or plan that provides--
            (1) greater leave rights for survivors of domestic 
        violence, dating violence, sexual assault, or stalking than the 
        rights established under this Act; or
            (2) leave benefits for a larger population of survivors of 
        domestic violence, dating violence, sexual assault, or stalking 
        (as defined in such law, agreement, program, or plan) than the 
        survivors of domestic violence, dating violence, sexual 
        assault, or stalking covered under this Act.
    (b) Less Protective Laws, Agreements, Programs, and Plans.--The 
rights established for survivors of domestic violence, dating violence, 
sexual assault, or stalking under this Act shall not be diminished by 
any State or local law, collective bargaining agreement, or employment 
benefits program or plan.

SEC. 206. REGULATIONS.

    (a) In General.--
            (1) Authority to issue regulations.--Except as provided in 
        subsections (b), (c), and (d), 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) Library of Congress.--The Librarian of Congress shall prescribe 
the regulations described in subsection (a) with respect to employees 
of the Library of Congress. 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).
    (c) Certain Public Agency Employers.--The Office of Personnel 
Management shall prescribe the regulations described in subsection (a) 
with respect to individuals described in subparagraph (A) or (B) of 
section 3(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
203(e)(2)) (other than an individual employed by an entity of the 
legislative branch of the Federal Government). 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).
    (d) Public Agencies Providing Public Assistance.--The President 
shall prescribe the regulations described in subsection (a) with 
respect to applicants for and recipients of public assistance, in the 
case of violations of section 202(g)(3), or section 202(g)(2) due to 
discrimination described in section 202(g)(3). 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. PROHIBITED DISCRIMINATORY ACTS.

    (a) In General.--It shall be unlawful for an employer to fail or 
refuse to hire or discharge any individual, or otherwise 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, and it shall be unlawful 
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 involved is or the employer or public 
        agency involved perceives that individual to be a survivor of 
        domestic violence, dating violence, sexual assault, or 
        stalking, or a survivor of communication of an intimate image 
        of the individual;
            (2) that individual attended, participated in, prepared 
        for, or requested leave to attend, participate in, or prepare 
        for, a criminal or civil court proceeding relating to an 
        incident that caused the individual to be a survivor of 
        domestic violence, dating violence, sexual assault, or 
        stalking, or a survivor of communication of an intimate image 
        of the individual;
            (3) that individual, in response to actual or threatened 
        domestic violence, dating violence, sexual assault, or 
        stalking, or actual or threatened communication of an intimate 
        image of the individual, requested that the employer or public 
        agency implement a reasonable safety procedure or a job-related 
        modification to enhance the security of that individual or 
        safeguard the workplace involved; or
            (4) the workplace is disrupted or threatened by the action 
        of a person whom that individual states has committed or 
        threatened to commit an act that caused or would cause the 
        individual to be a survivor of domestic violence, dating 
        violence, sexual assault, or stalking, or a survivor of 
        communication of an intimate image of the individual.
    (b) Definitions.--In this section:
            (1) Communication of an intimate image.--The term 
        ``communication of an intimate image'', used with respect to an 
        individual, includes a transmission, dissemination, or receipt 
        through electronic or other communication containing at least 
        one intimate image of the individual that appears to have been 
        transmitted or disseminated by a person who--
                    (A) obtained the image under circumstances in which 
                a reasonable person would know or understand that the 
                image was to remain private;
                    (B) knows or should have known that the depicted 
                individual has not consented to the disclosure of the 
                image; and
                    (C) knows or reasonably should know that the 
                disclosure would cause harm to the depicted individual.
            (2) Discriminate.--The term ``discriminate'', used with 
        respect to the terms, conditions, or privileges of employment 
        or with respect to the terms or conditions of public 
        assistance, includes failing to implement, on request from an 
        individual, in response to actual or threatened domestic 
        violence, dating violence, sexual assault, or stalking, or 
        actual or threatened communication of an intimate image of the 
        individual, a reasonable safety procedure or a 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 or public agency can demonstrate that granting the 
        request would impose an undue hardship on the operation of the 
        employer or public agency.
            (3) Domestic violence; dating violence; sexual assault; 
        stalking.--The terms ``domestic violence'', ``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).
            (4) Intimate image.--The term ``intimate image'' means any 
        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) who 
        is identifiable from the image itself or from information 
        displayed with or otherwise connected to the image, that--
                    (A) was taken in a private setting;
                    (B) does not depict a matter of public concern; and
                    (C) depicts--
                            (i) sexual activity, including sexual 
                        intercourse or masturbation; or
                            (ii) a person's intimate body parts, 
                        whether nude or visible through less than 
                        opaque clothing.
            (5) Safe leave terms.--The terms ``employ'', ``employee'', 
        ``employer'', ``employment benefits'', ``person'', ``public 
        agency'', ``public assistance'', ``State'', and ``survivor of 
        domestic violence, dating violence, sexual assault, or 
        stalking'' have the meanings given the terms in section 201.
            (6) Undue hardship.--The term ``undue hardship'' means an 
        action requiring significant difficulty or expense.

SEC. 303. ENFORCEMENT.

    (a) Civil Action by Individuals.--
            (1) Liability.--Any employer that violates section 302 
        shall be liable to any individual affected for--
                    (A) damages equal to the amount of any wages, 
                salary, employment benefits, or other compensation 
                denied or lost to such individual by reason of the 
                violation, and the interest on that amount calculated 
                at the prevailing rate;
                    (B) compensatory damages, including damages for 
                future pecuniary losses, emotional pain, suffering, 
                inconvenience, mental anguish, loss of enjoyment or 
                life, and other nonpecuniary losses;
                    (C) such punitive damages, up to three times the 
                amount of actual damages sustained, as the court 
                described in paragraph (2) shall determine to be 
                appropriate; and
                    (D) such equitable relief as may be appropriate, 
                including employment, reinstatement, and promotion.
            (2) Right of action.--An action to recover the damages or 
        equitable relief prescribed in paragraph (1) may be maintained 
        against any employer in any Federal or State court of competent 
        jurisdiction by any one or more affected individuals described 
        in section 302.
    (b) Action by Secretary of Labor.--The Secretary of Labor may bring 
a civil action in any Federal or State court of competent jurisdiction 
to recover the damages or equitable relief described in subsection 
(a)(1).
    (c) Library of Congress.--Notwithstanding any other provision of 
this section, in the case of the Library of Congress, the authority of 
the Secretary of Labor under this section shall be exercised by the 
Librarian of Congress.
    (d) Certain Public Agency Employers.--
            (1) Agencies.--Notwithstanding any other provision of this 
        section, in the case of a public agency that employs 
        individuals as described in subparagraph (A) or (B) of section 
        3(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
        203(e)(2)) (other than an entity of the legislative branch of 
        the Federal Government), paragraph (2) shall apply.
            (2) Authority.--In the case described in paragraph (1), the 
        powers, remedies, and procedures provided (in the case of a 
        violation of section 2302(b)(1)(A) of title 5, United States 
        Code) in title 5, United States Code, to an employing agency, 
        the Office of Special Counsel, the Merit Systems Protection 
        Board, or any person alleging a violation of such section 
        2302(b)(1)(A), shall be the powers, remedies, and procedures 
        this section provides in the case of a violation of section 302 
        to that agency, that Office, that Board, or any person alleging 
        a violation of section 302, respectively, concerning an 
        employee who is an individual described in paragraph (1).
    (e) Public Agencies Providing Public Assistance.--Consistent with 
regulations prescribed under section 304(d), the President shall ensure 
that any public agency that violates section 302(a) by taking an action 
prohibited under section 302(a) with respect to the amount, terms, or 
conditions of public assistance, shall provide to any individual who 
receives a less favorable amount, term, or condition of public 
assistance as a result of the violation--
            (1)(A) the amount of any public assistance denied or lost 
        to such individual by reason of the violation; and
            (B) the interest on the amount described in subparagraph 
        (A), calculated at the prevailing rate; and
            (2) such equitable relief as may be appropriate.

SEC. 304. REGULATIONS.

    (a) In General.--Except as provided in subsections (b), (c), and 
(d), the Secretary of Labor shall issue regulations to carry out this 
title.
    (b) Library of Congress.--The Librarian of Congress shall prescribe 
the regulations described in subsection (a) with respect to employees 
of the Library of Congress. 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).
    (c) Certain Public Agency Employers.--The Office of Personnel 
Management, after consultation with the Office of Special Counsel and 
the Merit Systems Protection Board, shall prescribe the regulations 
described in subsection (a) with respect to individuals described in 
subparagraph (A) or (B) of section 3(e)(2) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 203(e)(2)) (other than an individual employed by 
an entity of the legislative branch of the Federal Government). 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).
    (d) Public Agencies Providing Public Assistance.--The President 
shall prescribe the regulations described in subsection (a) with 
respect to applicants for and recipients of public assistance, in the 
case of violations of section 302(a) by a public agency due to taking 
an action prohibited under section 302(a) with respect to the amount, 
terms, or conditions of public assistance. 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).

SEC. 305. 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 SURVIVORS OF 
    DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING

SEC. 401. UNEMPLOYMENT COMPENSATION AND TRAINING PROVISIONS.

    (a) Unemployment Compensation.--Section 3304 of the Internal 
Revenue Code of 1986 (relating to approval of State unemployment 
compensation laws) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (18), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (19) as paragraph 
                (20); and
                    (C) by inserting after paragraph (18) the following 
                new paragraph:
            ``(19) compensation shall not be denied where an individual 
        is separated from employment due to circumstances resulting 
        from the individual being a survivor of domestic violence, 
        dating violence, sexual assault, or stalking, nor shall States 
        impose additional conditions that restrict the individual's 
        eligibility for or receipt of benefits beyond those required of 
        other individuals who are forced to leave their jobs or are 
        deemed to have good cause for voluntarily separating from a job 
        in the State; and''; and
            (2) by adding at the end the following new subsection:
    ``(g) Construction.--For purposes of subsection (a)(19)--
            ``(1) Documentation.--In determining eligibility for 
        compensation due to circumstances resulting from an individual 
        being a survivor of domestic violence, dating violence, sexual 
        assault, or stalking--
                    ``(A) States shall adopt, or have adopted, by 
                statute, regulation, or policy a list of forms of 
                documentation that may be presented to demonstrate 
                eligibility; and
                    ``(B) presentation of any one of such forms of 
                documentation shall be sufficient to demonstrate 
                eligibility, except that a State may require the 
                presentation of a form of identification in addition to 
                the sworn statement of applicant described in paragraph 
                (2)(A).
            ``(2) List of forms of documentation.--The list referred to 
        in paragraph (1)(A) shall, at a minimum, include the following 
        forms of documentation:
                    ``(A) A sworn statement of the applicant.
                    ``(B) A police or court record concerning the 
                applicant.
                    ``(C) Documentation from an employee or volunteer 
                working for a survivor 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 
                applicant is a survivor of domestic violence, dating 
                violence, sexual assault, or stalking.
            ``(3) Definitions.--The terms `domestic violence', `dating 
        violence', `sexual assault', `stalking', `survivor of domestic 
        violence, dating violence, sexual assault, or stalking', and 
        `survivor services organization' have the meanings given such 
        terms in section 201 of the Security And Financial Empowerment 
        Act of 2019.''.
    (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 survivors of domestic 
                violence, dating violence, sexual assault, or 
                stalking); and
                    ``(B) claims reviewers and hearing personnel are 
                adequately trained in--
                            ``(i) the nature and dynamics of domestic 
                        violence, dating violence, sexual assault, or 
                        stalking (as such terms are defined in section 
                        201 of the Security And Financial Empowerment 
                        Act of 2019); and
                            ``(ii) methods of ascertaining and keeping 
                        confidential information about possible 
                        experiences of domestic violence, dating 
                        violence, sexual assault, or stalking (as so 
                        defined) to ensure that--
                                    ``(I) requests for unemployment 
                                compensation based on separations 
                                stemming from domestic violence, dating 
                                violence, sexual assault, or stalking 
                                (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) TANF Personnel Training.--Section 402(a) of the Social Security 
Act (42 U.S.C. 602(a)) is amended by adding at the end the following 
new paragraph:
            ``(8) Certification that the state will provide information 
        to survivors of domestic violence, dating violence, sexual 
        assault, or stalking.--A certification by the chief officer of 
        the State that the State has established and is enforcing 
        standards and procedures to--
                    ``(A) ensure that applicants for assistance under 
                the program and individuals inquiring about such 
                assistance are adequately notified of--
                            ``(i) the provisions of subsections (a)(19) 
                        and (g) of section 3304 of the Internal Revenue 
                        Code of 1986 (relating to the availability of 
                        unemployment compensation for survivors of 
                        domestic violence, dating violence, sexual 
                        assault, or stalking); and
                            ``(ii) assistance made available by the 
                        State to survivors of domestic violence, dating 
                        violence, sexual assault, or stalking (as 
                        defined in section 201 of the Security And 
                        Financial Empowerment Act of 2019);
                    ``(B) ensure that case workers and other agency 
                personnel responsible for administering the State 
                program funded under this part are adequately trained 
                in--
                            ``(i) the nature and dynamics of domestic 
                        violence, dating violence, sexual assault, or 
                        stalking (as such terms are defined in section 
                        201 of the Security And Financial Empowerment 
                        Act of 2019);
                            ``(ii) State standards and procedures 
                        relating to the prevention of, and assistance 
                        for individuals who are survivors of, domestic 
                        violence, dating violence, sexual assault, or 
                        stalking (as so defined); and
                            ``(iii) methods of ascertaining and keeping 
                        confidential information about possible 
                        experiences of domestic violence, dating 
                        violence, sexual assault, or stalking (as so 
                        defined);
                    ``(C) if a State has elected to establish and 
                enforce standards and procedures regarding the 
                screening for, and identification of, domestic violence 
                pursuant to paragraph (7), ensure that--
                            ``(i) applicants for assistance under the 
                        program and individuals inquiring about such 
                        assistance are adequately notified of options 
                        available under such standards and procedures; 
                        and
                            ``(ii) case workers and other agency 
                        personnel responsible for administering the 
                        State program funded under this part are 
                        provided with adequate training regarding such 
                        standards and procedures and options available 
                        under such standards and procedures; and
                    ``(D) ensure that the training required under 
                subparagraphs (B) and, if applicable, (C)(ii) is 
                provided through a training program operated by an 
                eligible entity (as defined in section 401(d)(2) of the 
                Security And Financial Empowerment Act of 2019).''.
    (d) Domestic Violence, Dating Violence, Sexual Assault, or Stalking 
Training Grant Program.--
            (1) Grants authorized.--The Secretary of Labor (in this 
        subsection referred to as the ``Secretary'') is authorized to 
        award--
                    (A) a grant to a national survivor services 
                organization in order for such organization to--
                            (i) develop and disseminate a model 
                        training program (and related materials) for 
                        the training required under section 
                        303(a)(4)(B) of the Social Security Act, as 
                        added by subsection (b), and under 
                        subparagraphs (B) and, if applicable, (C)(ii) 
                        of section 402(a)(8) of such Act, as added by 
                        subsection (c); and
                            (ii) provide technical assistance with 
                        respect to such model training program; and
                    (B) grants to State, tribal, or local agencies in 
                order for such agencies to contract with eligible 
                entities to provide State, tribal, or local case 
                workers and other State, tribal, or local agency 
                personnel responsible for administering the temporary 
                assistance to needy families program established under 
                part A of title IV of the Social Security Act in a 
                State or Indian reservation with the training required 
                under subparagraphs (B) and, if applicable, (C)(ii) of 
                such section 402(a)(8).
            (2) Eligible entity defined.--For purposes of paragraph 
        (1)(B), the term ``eligible entity'' means an entity--
                    (A) that is--
                            (i) a State or tribal domestic violence 
                        coalition or sexual assault coalition;
                            (ii) a State or local survivor services 
                        organization with recognized expertise in the 
                        dynamics of domestic violence, dating violence, 
                        sexual assault, or stalking whose primary 
                        mission is to provide services to survivors of 
                        domestic violence, dating violence, sexual 
                        assault, or stalking, such as a rape crisis 
                        center or domestic violence program; or
                            (iii) an organization with demonstrated 
                        expertise in State or county welfare laws and 
                        implementation of such laws and experience with 
                        disseminating information on such laws and 
                        implementation, but only if such organization 
                        will provide the required training in 
                        partnership with an entity described in clause 
                        (i) or (ii); and
                    (B) that--
                            (i) has demonstrated expertise in the 
                        dynamics of both domestic violence and sexual 
                        assault, such as a joint domestic violence and 
                        sexual assault coalition; or
                            (ii) will provide the required training in 
                        partnership with an entity described in clause 
                        (i) or (ii) of subparagraph (A) in order to 
                        comply with the dual domestic violence and 
                        sexual assault expertise requirement under 
                        clause (i).
            (3) Application.--An entity seeking a grant under this 
        subsection shall submit an application to the Secretary at such 
        time, in such form and manner, and containing such information 
        as the Secretary specifies.
            (4) Reports.--
                    (A) Reports to congress.--The Secretary shall 
                annually submit a report to Congress on the grant 
                program established under this subsection.
                    (B) Reports available to public.--The Secretary 
                shall establish procedures for the dissemination to the 
                public of each report submitted under subparagraph (A). 
                Such procedures shall include the use of the Internet 
                to disseminate such reports.
            (5) Authorization of appropriations.--
                    (A) Authorization.--There are authorized to be 
                appropriated--
                            (i) $1,000,000 for fiscal year 2020 to 
                        carry out the provisions of paragraph (1)(A); 
                        and
                            (ii) $12,000,000 for each of fiscal years 
                        2021 through 2024 to carry out the provisions 
                        of paragraph (1)(B).
                    (B) Three-year availability of grant funds.--Each 
                recipient of a grant under this subsection shall return 
                to the Secretary any unused portion of such grant not 
                later than 3 years after the date the grant was 
                awarded, together with any earnings on such unused 
                portion.
                    (C) Amounts returned.--Any amounts returned 
                pursuant to subparagraph (B) shall be available without 
                further appropriation to the Secretary for the purpose 
                of carrying out the provisions of paragraph (1)(B).
    (e) Effect on Existing Laws, etc.--
            (1) More protective laws, agreements, programs, and 
        plans.--Nothing in this title shall be construed to supersede 
        any provision of any Federal, State, or local law, collective 
        bargaining agreement, or employment benefits program or plan 
        that provides greater unemployment insurance benefits for 
        survivors of domestic violence, dating violence, sexual 
        assault, or stalking than the rights established under this 
        title.
            (2) Less protective laws, agreements, programs, and 
        plans.--The rights established for survivors of domestic 
        violence, dating violence, sexual assault, or stalking under 
        this title shall not be diminished by any more restrictive 
        State or local law, collective bargaining agreement, or 
        employment benefits program or plan.
    (f) Effective Date.--
            (1) Unemployment amendments.--
                    (A) In general.--Except as provided in subparagraph 
                (B) and paragraph (2), the amendments made by this 
                section shall apply in the case of compensation paid 
                for weeks beginning on or after the expiration of 180 
                days from the date of enactment of this Act.
                    (B) Extension of effective date for state law 
                amendment.--
                            (i) In general.--If the Secretary of Labor 
                        identifies a State as requiring a change to its 
                        statutes, regulations, or policies in order to 
                        comply with the amendments made by this section 
                        (excluding the amendment made by subsection 
                        (c)), such amendments shall apply in the case 
                        of compensation paid for weeks beginning after 
                        the earlier of--
                                    (I) the date the State changes its 
                                statutes, regulations, or policies in 
                                order to comply with such amendments; 
                                or
                                    (II) the end of the first session 
                                of the State legislature which begins 
                                after the date of enactment of this Act 
                                or which began prior to such date and 
                                remained in session for at least 25 
                                calendar days after such date,
                        except that in no case shall such amendments 
                        apply before the date that is 180 days after 
                        the date of enactment of this Act.
                            (ii) Session defined.--In this 
                        subparagraph, the term ``session'' means a 
                        regular, special, budget, or other session of a 
                        State legislature.
            (2) TANF amendment.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the amendment made by subsection (c) shall take 
                effect on the date of enactment of this Act.
                    (B) Extension of effective date for state law 
                amendment.--In the case of a State plan under part A of 
                title IV of the Social Security Act which the Secretary 
                of Health and Human Services determines requires State 
                action (including legislation, regulation, or other 
                administrative action) in order for the plan to meet 
                the additional requirements imposed by the amendment 
                made by subsection (c), the State plan shall not be 
                regarded as failing to comply with the requirements of 
                such amendment on the basis of its failure to meet 
                these additional requirements before the first day of 
                the first calendar quarter beginning after the close of 
                the first regular session of the State legislature that 
                begins after the date of enactment of this Act. For 
                purposes of the previous sentence, in the case of a 
                State that has a two-year legislative session, each 
                year of the session is considered to be a separate 
                regular session of the State legislature.
    (g) Definitions.--In this section, the terms ``domestic violence'', 
``dating violence'', ``sexual assault'', ``stalking'', ``survivor of 
domestic violence, dating violence, sexual assault, or stalking'', and 
``survivor services organization'' have the meanings given such terms 
in section 201.

 TITLE V--INSURANCE PROTECTIONS AND SUPPORT FOR SURVIVORS OF DOMESTIC 
         VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING

                   Subtitle A--Insurance Protections

SEC. 501. DEFINITIONS.

    In this title:
            (1) Abuser.--The term ``abuser'' means the person who 
        commits an act of domestic violence, dating violence, sexual 
        assault, or stalking against a survivor of domestic violence, 
        dating violence, sexual assault, or stalking.
            (2) Dating violence; domestic violence; sexual assault; 
        stalking.--The terms ``dating violence'', ``domestic 
        violence'', ``sexual assault'', and ``stalking'' have the 
        meanings given such terms in section 201.
            (3) 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.
            (4) Insurer.--The term ``insurer'' means any person, 
        reciprocal exchange, inter insurer, Lloyds insurer, fraternal 
        benefit society, or other legal entity engaged in the business 
        of insurance, including agents, brokers, adjusters, and third-
        party administrators. The term 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 of the Public Health Service Act (42 U.S.C. 300gg-
        91), health benefit plans, and life, disability, and property 
        and casualty insurers.
            (5) Policy.--The term ``policy'' means a contract of 
        insurance, certificate, indemnity, suretyship, or annuity 
        issued, proposed for issuance, or intended for issuance by an 
        insurer, including endorsements or riders to an insurance 
        policy or contract.
            (6) Survivor of domestic violence, dating violence, sexual 
        assault, or stalking.--The term ``survivor of domestic 
        violence, dating violence, sexual assault, or stalking'' has 
        the meaning given such term in section 201.
            (7) Survivor services organization.--The term ``survivor 
        services organization'' has the meaning given such term in 
        section 201.

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 survivor of domestic violence, 
dating violence, sexual assault, or stalking or has incurred or may 
incur claims related to domestic violence, dating violence, sexual 
assault, or stalking:
            (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 survivor of 
domestic violence, dating violence, sexual assault, or stalking if the 
claim for payment is a result of such violence, assault, or stalking.
    (c) Prohibition on Termination.--
            (1) In general.--No insurer may terminate health coverage 
        for a survivor of domestic violence, dating violence, sexual 
        assault, or stalking because coverage was originally issued in 
        the name of the abuser and the abuser has divorced, separated 
        from, or lost custody of the survivor or the survivor's 
        coverage has terminated voluntarily or involuntarily and the 
        survivor 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 
        survivor of domestic violence, dating violence, sexual assault, 
        or stalking pay the full premium for the survivor'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 survivor 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 survivors of domestic violence, dating 
                violence, sexual assault, or stalking, no person 
                employed by or contracting with an insurer or health 
                benefit plan may (without the consent of the 
                survivor)--
                            (i) use, disclose, or transfer information 
                        relating to domestic violence, dating violence, 
                        sexual assault, or stalking status, acts of 
                        such violence, assault, or stalking, medical 
                        conditions related to domestic violence, dating 
                        violence, sexual assault, or stalking, or the 
                        applicant's or insured's status as a family 
                        member, employer, associate, or person in a 
                        relationship with a survivor of domestic 
                        violence, dating violence, sexual assault, or 
                        stalking 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 
                        survivors of domestic violence, dating 
                        violence, sexual assault, or stalking, 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 survivor of 
                                domestic violence, dating violence, 
                                sexual assault, or stalking.
                    (B) Rule of construction.--Nothing in this 
                paragraph may be construed to limit or preclude a 
                survivor of domestic violence, dating violence, sexual 
                assault, or stalking from obtaining the survivor's own 
                insurance records from an insurer.
            (2) Authority of survivors.--A survivor of domestic 
        violence, dating violence, sexual assault, or stalking, at the 
        absolute discretion of the survivor, may provide evidence of 
        domestic violence, dating violence, sexual assault, or stalking 
        to an insurer for the limited purpose of facilitating treatment 
        of a condition related to such violence, assault, or stalking 
        or demonstrating that a condition is related to such violence, 
        assault, or stalking. Nothing in this paragraph shall be 
        construed as authorizing an insurer to disregard such provided 
        evidence.

SEC. 503. INSURANCE PROTOCOLS FOR SURVIVORS OF DOMESTIC VIOLENCE, 
              DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING.

    Insurers shall develop and adhere to written policies specifying 
procedures to be followed by employees, contractors, producers, agents, 
and brokers for the purpose of protecting the safety and privacy of a 
survivor of domestic violence, dating violence, sexual assault, or 
stalking 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 survivor of domestic violence, dating 
violence, sexual assault, or stalking.

SEC. 504. REASONS FOR ADVERSE ACTIONS.

    An insurer that takes an action that adversely affects a survivor 
of domestic violence, dating violence, sexual assault, or stalking 
shall advise the applicant or insured who is the survivor of domestic 
violence, dating violence, sexual assault, or stalking 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 an act of domestic violence, dating violence, sexual 
        assault, or stalking against the proposed insured.

SEC. 506. SUBROGATION WITHOUT CONSENT PROHIBITED.

    Subrogation of claims resulting from domestic violence, dating 
violence, sexual assault, or stalking is prohibited without the 
informed consent of the survivor of domestic violence, dating violence, 
sexual assault, or stalking.

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 Survivors

SEC. 511. STUDY AND REPORTS ON BARRIERS TO SURVIVORS' ECONOMIC SECURITY 
              ACCESS.

    (a) HHS Study.--The Secretary of Health and Human Services, in 
consultation with the Secretary of Labor, shall conduct a study on the 
barriers that survivors of domestic violence, dating violence, sexual 
assault, or stalking throughout the United States experience in 
maintaining economic security as a result of issues related to domestic 
violence, dating violence, sexual assault, or stalking.
    (b) Reports.--Not later than January 1, 2021, and every five years 
thereafter, the Secretary of Health and Human Services, in consultation 
with the Secretary of Labor, shall submit a report to Congress on the 
study conducted under subsection (a).
    (c) Contents.--The study and reports under this section shall 
include--
            (1) identification of geographic areas in which State laws, 
        regulations, and practices have a strong impact on the ability 
        of survivors of domestic violence, dating violence, sexual 
        assault, or stalking to exercise--
                    (A) any rights under this Act without compromising 
                personal safety or the safety of others, including 
                family members and excluding the abuser; and
                    (B) other components of economic security;
            (2) identification of geographic areas with shortages in 
        resources for such survivors, with an accompanying analysis of 
        the extent and impact of such shortage;
            (3) analysis of factors related to industries, workplace 
        settings, employer practices, trends, and other elements that 
        impact the ability of such survivors to exercise any rights 
        under this Act without compromising personal safety or the 
        safety of others, including family members;
            (4) the recommendations of the Secretary of Health and 
        Human Services and the Secretary of Labor with respect to 
        resources, oversight, and enforcement tools to ensure 
        successful implementation of the provisions of this Act in 
        order to support the economic security and safety of survivors 
        of domestic violence, dating violence, sexual assault, or 
        stalking; and
            (5) best practices for States, employers, health carriers, 
        insurers, and other private entities in addressing issues 
        related to domestic violence, dating violence, sexual assault, 
        or stalking.
    (d) GAO Study.--Not later than 18 months after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a report that examines, with respect to 
survivors of domestic violence, dating violence, sexual assault, or 
stalking who are or were enrolled at institutions of higher education 
and have Federal student loan debt, each of the following:
            (1) The implications of domestic violence, dating violence, 
        sexual assault, or stalking on a borrower's ability to repay 
        their Federal student loans.
            (2) The adequacy of current policies and procedures 
        regarding Federal loan deferment, forbearance, and grace 
        periods when a survivor has to suspend or terminate their 
        enrollment at an educational institution due to domestic 
        violence, dating violence, sexual assault, or stalking.
            (3) The adequacy of current institutional policies and 
        practices regarding retention or transfer of credits when a 
        survivor has to suspend or terminate their enrollment at an 
        educational institution due to domestic violence, dating 
        violence, sexual assault, or stalking.
            (4) The availability or any options for a survivor of 
        domestic violence, dating violence, sexual assault, or stalking 
        who attended institutions of higher education that committed 
        unfair, deceptive, or abusive acts or practices, or otherwise 
        substantially misrepresented information to students, to be 
        able to seek a defense to repayment of their loan.
            (5) The limitations faced by a survivor of domestic 
        violence, dating violence, sexual assault, or stalking to 
        obtain any relief or restitution on their student loan debt due 
        to the use of forced arbitration, gag orders, or bans on class 
        actions.

SEC. 512. DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND 
              STALKING EDUCATION AND INFORMATION PROGRAMS FOR 
              SURVIVORS.

    (a) Definitions.--In this section, the terms ``employ'', 
``employee'', ``employer'', and ``State'' have the meanings given such 
terms in section 201.
    (b) 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 to raise public awareness of 
        domestic violence, dating violence, sexual assault, and 
        stalking, 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 survivors of domestic 
                        violence, dating violence, sexual assault, or 
                        stalking; and
                            (ii) established in this Act and the 
                        Violence Against Women Act of 1994 (34 U.S.C. 
                        13925 et seq.);
                    (B) guidelines and best practices on prevention of 
                domestic violence, dating violence, stalking, and 
                sexual assault;
                    (C) resources that promote healthy relationships 
                and communication skills;
                    (D) resources that encourage bystander intervention 
                in a situation involving domestic violence, dating 
                violence, stalking, or sexual assault;
                    (E) resources that promote workplace policies that 
                support and help maintain the economic security of 
                survivors of domestic violence, dating violence, sexual 
                assault, or stalking; and
                    (F) resources and rights that the heads of Federal 
                agencies described in paragraph (2) determine are 
                appropriate to include.
    (c) 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 survivors of domestic 
        violence, dating violence, sexual assault, or stalking 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 
                survivors of domestic violence, dating violence, sexual 
                assault, or stalking;
                    (E) information on best practices for preventing 
                domestic violence, dating violence, sexual assault, and 
                stalking; and
                    (F) information explaining how to obtain additional 
                copies of the information developed under paragraph (1) 
                for distribution to the employees.
    (d) 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 domestic violence, dating violence, sexual assault, or 
stalking while employed, in each State and nationally, to improve the 
access of survivors of domestic violence, dating violence, sexual 
assault, or stalking to supportive resources and economic security.
    (e) 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 2020 through 2024.

SEC. 513. INVESTING IN PUBLIC HEALTH INFRASTRUCTURE TO IMPROVE SUPPORT 
              FOR SURVIVORS.

    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 2020 
through 2024.''.

SEC. 514. FINANCIAL LITERACY AND ADVOCACY FOR SURVIVORS OF DOMESTIC 
              VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING.

    (a) Eligible Entity Defined.--In this section, the term ``eligible 
entity'' means an entity that is--
            (1) a State or tribal domestic violence coalition or sexual 
        assault coalition, consistent with this Act;
            (2) a State or local survivor services organization; or
            (3) an organization with demonstrated expertise in 
        providing financial literacy support and advocacy services, but 
        only if such organization will provide such support and 
        services in partnership with an entity described in paragraph 
        (1) or (2).
    (b) Grants Authorized.--The Secretary of Health and Human Services 
is authorized to award competitive grants to eligible entities to--
            (1) develop and disseminate a model program, and related 
        materials, for providing financial literacy support and 
        advocacy services to survivors of domestic violence, dating 
        violence, sexual assault, or stalking, and such support and 
        services shall take place in national resource centers, 
        established and operated under section 41501 of the Violence 
        Against Women Act of 1994 (34 U.S.C. 12501); and
            (2) provide technical assistance with respect to such model 
        program.
    (c) Applications.--An eligible entity seeking a grant under this 
section shall submit an application to the Secretary of Health and 
Human Services at such time, in such form and manner, and containing 
such information as the Secretary specifies.
    (d) Reports to Congress.--The Secretary of Health and Human 
Services shall annually submit a report to Congress on the grant 
program established under this section.
    (e) Authorization of Appropriations.--
            (1) Authorization.--There is authorized to be appropriated 
        $1,000,000 for fiscal year 2020 to carry out this section.
            (2) Three-year availability of grant funds.--Not later than 
        three years after the date on which a grant is awarded under 
        this section, the recipient of such grant shall return to the 
        Secretary of Health and Human Services any unused portion of 
        such grant, together with any earnings on such unused portion.

                         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.
                                 <all>
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