I 
115TH CONGRESS 
1ST SESSION H. R. 4198 
To promote the economic security and safety of survivors of domestic violence, 
dating violence, sexual assault, or stalking, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 31, 2017 
Ms. ROYBAL-ALLARD (for herself, Ms. BORDALLO, Mr. BRENDAN F. BOYLE 
of Pennsylvania, Ms. CLARK of Massachusetts, Ms. DELAURO, Mr. 
ESPAILLAT, Ms. KAPTUR, Ms. MICHELLE LUJAN GRISHAM of New Mex-
ico, Ms. MATSUI, Ms. MOORE, Mrs. NAPOLITANO, Ms. NORTON, Mr. 
POCAN, Mr. SWALWELL of California, Mr. TAKANO, Ms. TITUS, and Ms. 
BONAMICI) introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce, and in addition to the Commit-
tees on Financial Services, Ways and Means, and the Judiciary, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee 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 Representa-
tives 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 2017’’. 
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(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 vio-
lence, sexual assault, or stalking. 
Sec. 203. Existing leave usable for addressing domestic violence, dating vio-
lence, 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 SUR-
VIVORS 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. 
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Sec. 512. Domestic violence, dating violence, sexual assault, and stalking edu-
cation and information programs for survivors. 
Sec. 513. Investing in public health infrastructure to improve support for sur-
vivors. 
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 vio-
lence, and 1 in 5 women have survived completed or 
attempted rape. Such violence has a devastating im-
pact on women’s physical and emotional health, fi-
nancial 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, sex-
ual, emotional, economic, or psychological actions or 
threats of actions that influence another person. Do-
mestic violence includes any behaviors that intimi-
date, manipulate, humiliate, isolate, frighten, ter-
rorize, coerce, threaten, blame, hurt, injure, or 
wound an individual. 
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(3) The Centers for Disease Control and Pre-
vention report that domestic violence or intimate 
partner violence is a serious public health issue for 
millions of individuals in the United States. Nearly 
one in four women and one in nine men in the 
United States have suffered sexual violence, physical 
violence, and/or stalking by an intimate partner. 
(4) Homicide is the one of the leading causes 
of death for women on the job. Domestic partners 
or relatives commit 43 percent of workplace homi-
cides 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 de-
clines 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 fire-
arm than all other means combined. The presence of 
a gun in domestic violence situations increases the 
risk of homicide for women by 500 percent. 
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(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 per-
cent of offenders used workplace resources to ex-
press anger, check up on, pressure, or threaten a 
survivor Sexual assault, whether occurring in or out 
of the workplace, can impair an employee’s work 
performance, require time away from work, and un-
dermine 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) Studies find that 60 percent of single 
women lack economic security and 81 percent of 
households with single mothers live in economic inse-
curity. Significant barriers survivors confront in-
clude housing, transportation, and child care. Nine-
ty-two percent of homeless women have experienced 
domestic violence, and more than 50 percent cite do-
mestic violence as the direct cause for homelessness. 
Survivors are deprived of their autonomy, liberty, 
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and security, and face tremendous threats to their 
health and safety. 
(8) The Centers for Disease Control and Pre-
vention report that survivors of severe intimate part-
ner 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 dispropor-
tionately 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. 
(9) 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 produc-
tivity. These statistics are generally considered to be 
underestimated because the costs associated with the 
criminal justice system are not included. 
(10) Fifty-five percent of senior executives re-
cently surveyed said domestic violence has a harmful 
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effect on their company’s productivity, and more 
than 70 percent said domestic violence negatively af-
fects attendance. Seventy-eight percent of human re-
sources 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 em-
ployers provided training on domestic violence. 
(11) Studies indicate that one of the best pre-
dictors 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 vio-
lence, dating violence, sexual assault, and stalking 
often negatively impact a survivor’s ability to main-
tain employment. 
(12) 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 part-
ners at work, limiting their partners’ access to cash 
or transportation, and sabotaging their partners’ 
child care arrangements. 
(13) Economic abuse refers to behaviors that 
control an intimate partner’s ability to acquire, use, 
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and maintain access to, money, credit, ownership of 
assets, or access to governmental or private financial 
benefits, including, but not limited to defaulting on 
joint obligations (e.g. school loans, credit card debt, 
mortgage/rent). Other forms may include preventing 
someone from attending school, threatening to or ac-
tually terminating employment, controlling or with-
holding access to cash, checking, or credit accounts, 
attempts to damage or sabotage an intimate part-
ner’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 bank-
ruptcy. 
(14) The Patient Protection and Affordable 
Care Act (Public Law 111–148), and the amend-
ments 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. 
(15) 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— 
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(17) This Act aims to empower survivors of do-
mestic violence, dating violence, sexual assault, or 
stalking to be free from violence, hardship, and con-
trol, which restrains basic human rights to freedom 
and safety in the United States. 
TITLE I—REAUTHORIZATION OF 
NATIONAL 
RESOURCE 
CEN-
TER GRANTS ON WORKPLACE 
RESPONSES TO ASSIST SUR-
VIVORS OF DOMESTIC AND 
SEXUAL VIOLENCE 
SEC. 101. GRANT PROGRAM REAUTHORIZATION. 
(a) INFORMATION AND ASSISTANCE TO SURVIVOR 
SERVICE
PROVIDERS
AND
COMMUNITY
ORGANIZA-
TIONS.—Section 41501(a) of the Violence Against Women 
Act of 1994 (42 U.S.C. 14043f(a)) is amended by striking 
the period at the end and inserting ‘‘, and to survivor serv-
ices organizations (as defined in section 201 of the Secu-
rity and Financial Empowerment Act of 2017) (including 
community based organizations) and tribal, State, and ter-
ritorial domestic violence or sexual assault coalitions to en-
able the organizations and coalitions to provide resource 
materials or other assistance to employers, labor organiza-
tions, or employees.’’. 
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(b) ADMINISTRATIVE PROVISIONS.—Section 41501 
of the Violence Against Women Act of 1994 (42 U.S.C. 
14043f) is amended by adding at the end the following: 
‘‘(g) ADMINISTRATIVE COSTS.— 
‘‘(1) IN GENERAL.—From the amount appro-
priated 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 appro-
priated pursuant to subsection (e) for each fiscal 
year, the Director shall not use more than 5 percent 
to award contracts or cooperative agreements to en-
tities with demonstrated expertise in program eval-
uation, to evaluate programs under this section.’’. 
TITLE II—SAFE LEAVE FOR AD-
DRESSING 
DOMESTIC 
VIO-
LENCE, 
DATING 
VIOLENCE, 
SEXUAL ASSAULT, OR STALK-
ING 
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 
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‘‘stalking’’ have the meanings given the terms in sec-
tion 40002 of the Violence Against Women Act of 
1994 (42 U.S.C. 13925). 
(2) DOMESTIC PARTNER.— 
(A) IN
GENERAL.—The term ‘‘domestic 
partner’’, with respect to an individual, means 
another individual with whom the first indi-
vidual is in a committed relationship. 
(B) 
COMMITTED
RELATIONSHIP
DE-
FINED.—The term ‘‘committed relationship’’ 
means a relationship between two individuals, 
each at least 18 years of age, in which each in-
dividual is the other individual’s sole domestic 
partner and both individuals share responsi-
bility 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 subdivi-
sion of a State as a marriage or analogous rela-
tionship, including a civil union or domestic 
partnership. 
(3) EMPLOY; STATE.—The terms ‘‘employ’’ and 
‘‘State’’ have the meanings given the terms in sec-
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tion 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 em-
ployed 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 pe-
riod, 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 com-
merce 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 rela-
tion to an employee, and includes a public agen-
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cy that employs individuals as described in sec-
tion 3(e)(2) of the Fair Labor Standards Act of 
1938, but does not include any labor organiza-
tion (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 ‘‘em-
ployment benefits’’ means all benefits provided or 
made available to employees by an employer, includ-
ing group life insurance, health insurance, disability 
insurance, sick leave, annual leave, educational bene-
fits, and pensions, regardless of whether such bene-
fits 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 Retire-
ment Income Security Act of 1974 (29 U.S.C. 
1002(3)). 
(7) FAMILY
OR
HOUSEHOLD
MEMBER.—The 
term ‘‘family or household member’’, used with re-
spect to a person, means an individual who— 
(A) is a son or daughter, parent, spouse, 
domestic partner, or any other individual re-
lated by blood or affinity whose close associa-
tion with the person is the equivalent of a fam-
ily relationship; and 
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(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 agen-
cy’’ 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 sec-
tion 4 of the Food and Nutrition Act of 2008 (7 
U.S.C. 2013), medical assistance, housing assist-
ance, and other benefits provided on the basis of in-
come by a public agency. 
(11) SURVIVOR OF DOMESTIC VIOLENCE, DAT-
ING VIOLENCE, SEXUAL ASSAULT, OR STALKING.— 
The term ‘‘survivor of domestic violence, dating vio-
lence, sexual assault, or stalking’’ includes— 
(A) a person who has experienced or is ex-
periencing domestic violence, dating violence, 
sexual assault, or stalking; and 
(B) a person whose family or household 
member has experienced or is experiencing do-
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mestic violence, dating violence, sexual assault, 
or stalking. 
(12) SURVIVOR SERVICES ORGANIZATION.—The 
term ‘‘survivor services organization’’ means a non-
profit, 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 pro-
gram, an organization operating a shelter or pro-
viding counseling services, an organization providing 
assistance through the legal process, or another enti-
ty 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. The leave 
may be unpaid leave, unless the employee uses paid leave 
from the portion earned under subsection (b) or sub-
stitutes leave under section 203. An employee may take 
not more than a total of 30 days of safe leave in a 12- 
month period under this section, including the portion of 
the leave described in subsection (b), in addition to any 
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leave taken (directly or indirectly) 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.—As a portion of the 30 days 
of safe leave described in subsection (a), the em-
ployer 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 de-
scribed 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 re-
quirements 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 
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less than 40 hours, the employee shall earn 
paid safe leave based upon that normal work-
week. 
(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 be-
ginning on the 60th calendar day following com-
mencement 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 
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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 safe paid leave that is suffi-
cient 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 con-
ditions outlined in subsection (c) shall not be re-
quired 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 re-
imbursement 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 sepa-
rated from employment with an employer and is re-
hired, within 12 months after that separation, by the 
same employer, the employer shall (in addition to 
providing unpaid safe leave in accordance with sub-
section (a)) reinstate the employee’s previously 
earned paid safe leave. The employee shall be enti-
tled to use the earned paid safe leave and earn addi-
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tional paid safe leave at the recommencement of em-
ployment with the employer. 
(c) USES.—Safe leave earned under this section may 
be used by an employee for an absence resulting from do-
mestic violence, dating violence, sexual assault, or stalk-
ing, if the leave is to— 
(1) seek medical attention for the employee or 
the employee’s family or household member, to re-
cover from physical or psychological injury or dis-
ability caused by domestic violence, dating violence, 
sexual assault, or stalking; 
(2) obtain or assist a family or household mem-
ber in obtaining services from a survivor services or-
ganization; 
(3) obtain or assist a family or household mem-
ber in obtaining behavioral health services or coun-
seling; 
(4) participate in safety planning, temporary or 
permanent relocation, or taking other actions, to in-
crease the safety of the employee or family or house-
hold 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. 
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(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 sched-
uling the period of leave in that manner is not prac-
ticable. 
(3) CERTIFICATION.— 
(A) IN GENERAL.—An employer may re-
quire 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 par-
ticular form of certification to be provided) 
consisting of— 
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lotter on DSKBCFDHB2PROD with BILLS
ney, a police officer, a medical profes-
sional, 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 cor-
roborating evidence. 
(B) SURVIVOR
INFORMATION
PROTEC-
TIONS.— 
(i) IN
GENERAL.—The certification 
shall state the reason that the safe leave is 
required with the facts to be disclosed lim-
ited to the minimum necessary to establish 
a need for the employee to be absent from 
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lotter on DSKBCFDHB2PROD with BILLS
work, and the employee shall not be re-
quired to explain the details of the domes-
tic violence, dating violence, sexual assault, 
or stalking involved. 
(ii) LIMITATION ON INFORMATION RE-
QUIREMENTS.—An employer may not re-
quire 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 pro-
vide 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 
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lotter on DSKBCFDHB2PROD with BILLS
basis that the employer has not yet received the 
certification. 
(4) PROHIBITION.—An employer may not re-
quire, 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 dur-
ing which the employee is using safe leave. 
(e) CONFIDENTIALITY; NONDISCLOSURE FOR SUR-
VIVORS.— 
(1) CONFIDENTIALITY.—All information pro-
vided 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 pursu-
ant 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 em-
ployee in writing; or 
(B) otherwise required by applicable Fed-
eral or State law. 
(2) 
CONFIDENTIAL
COMMUNICATIONS.—The 
provision of any information under this section does 
not waive or diminish the confidential or privileged 
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lotter on DSKBCFDHB2PROD with BILLS
nature of communications between a survivor of do-
mestic violence, dating violence, sexual assault, or 
stalking with one or more of the individuals or enti-
ties providing information under subclause (II), 
(III), (IV), or (V) of clause (i), or clause (ii), of sub-
section (d)(3)(A). 
(3) NONDISCLOSURE.—If an employer pos-
sesses health information about an employee or an 
employee’s family or household member, such infor-
mation shall— 
(A) be maintained on a separate form and 
in a separate file from other personnel informa-
tion; 
(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— 
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lotter on DSKBCFDHB2PROD with BILLS
(i) to be restored by the employer to 
the position of employment held by the em-
ployee when the leave commenced; or 
(ii) to be restored to an equivalent po-
sition with equivalent employment benefits, 
pay, and other terms and conditions of em-
ployment. 
(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 sub-
section shall be construed to entitle any re-
stored 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 em-
ployer from requiring an employee on leave 
under this section to report periodically to the 
employer on the status and intention of the em-
ployee to return to work. 
(2) EXEMPTION CONCERNING CERTAIN HIGHLY 
COMPENSATED EMPLOYEES.— 
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(A) DENIAL
OF
RESTORATION.—An em-
ployer 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 res-
toration on such basis at the time the em-
ployer determines that such injury would 
occur; and 
(iii) in any case in which the leave has 
commenced, the employee elects not to re-
turn 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 per-
cent of the employees employed by the employer 
within 75 miles of the facility at which the em-
ployee is employed. 
(3) MAINTENANCE OF HEALTH BENEFITS.— 
(A) COVERAGE.—Except as provided in 
subparagraph (B), during any period that an 
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lotter on DSKBCFDHB2PROD with BILLS
employee takes leave under this section, the em-
ployer 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 em-
ployee had continued in employment continu-
ously 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 dur-
ing 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, recur-
rence of, or onset of an episode of do-
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lotter on DSKBCFDHB2PROD with BILLS
mestic 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 re-
quire an employee who claims that the em-
ployee 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 em-
ployee; 
(II) documentation from an em-
ployee, agent, or volunteer of a sur-
vivor services organization, an attor-
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lotter on DSKBCFDHB2PROD with BILLS
ney, 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 do-
mestic violence, dating violence, sexual 
assault, or stalking, including the ef-
fects of domestic violence, dating vio-
lence, sexual assault, or stalking; 
(III) a police or court record; or 
(IV) other corroborating evi-
dence. 
(D) LIMITATION
ON
INFORMATION
RE-
QUIREMENTS.—An employer may not require 
an employee, under subparagraph (C), to 
produce, discuss with the employer, or pro-
vide— 
(i) any additional information, beyond 
the information enumerated in this para-
graph that establishes that the employee is 
unable to return as described in subpara-
graph (C)(i); or 
(ii) any information that would com-
promise the safety of the employee or fam-
ily or household member in any way. 
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(E) CONFIDENTIALITY.—All information 
provided to the employer pursuant to subpara-
graph (C), including a statement of the em-
ployee 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 sub-
paragraph (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 con-
fidential 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 in-
formation under subclause (II), (III), or (IV) of 
subparagraph (C)(ii). 
(g) PROHIBITED ACTS.— 
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lotter on DSKBCFDHB2PROD with BILLS
(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 IN-
QUIRIES.—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 har-
assment or retaliation in any form or manner) 
against any individual with respect to the amount, 
terms, or conditions of public assistance of the indi-
vidual, because the individual— 
(A) exercised or attempted to exercise any 
right provided under this section for the indi-
vidual 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
INDIVID-
UALS.— 
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lotter on DSKBCFDHB2PROD with BILLS
(A) LIABILITY.—Any employer that vio-
lates subsection (g) shall be liable to any indi-
vidual affected— 
(i) for damages equal to— 
(I) the amount of— 
(aa) any wages, salary, em-
ployment benefits, or other com-
pensation denied or lost to such 
individual by reason of the viola-
tion; or 
(bb) in a case in which 
wages, salary, employment bene-
fits, or other compensation has 
not been denied or lost to the in-
dividual, 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 liq-
uidated damages equal to the sum of 
the amount described in subclause (I) 
and the interest described in sub-
clause (II), except that if an employer 
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lotter on DSKBCFDHB2PROD with BILLS
that has violated subsection (g) proves 
to the satisfaction of the court that 
the act or omission that violated sub-
section (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 li-
ability to the amount and interest de-
termined under subclauses (I) and 
(II), respectively; and 
(ii) for such equitable relief as may be 
appropriate, including employment, rein-
statement, and promotion. 
(B) RIGHT OF ACTION.—An action to re-
cover 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 af-
fected individuals for and on behalf of— 
(i) the individuals; or 
(ii) the individuals and other individ-
uals similarly situated. 
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(C) FEES AND COSTS.—The court in such 
an action shall, in addition to any judgment 
awarded to the plaintiff, allow a reasonable at-
torney’s fee, reasonable expert witness fees, and 
other costs of the action to be paid by the de-
fendant. 
(D) LIMITATIONS.—The right provided by 
subparagraph (B) to bring an action by or on 
behalf of any affected individual shall termi-
nate— 
(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 respon-
sible under subparagraph (A) for the pay-
ment; 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 sub-
paragraph (A)(i) owing to an affected indi-
vidual by an employer liable under sub-
paragraph (A), 
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lotter on DSKBCFDHB2PROD with BILLS
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 Sec-
retary of Labor shall receive, investigate, and 
attempt to resolve complaints of violations of 
subsection (g) in the same manner as the Sec-
retary of Labor receives, investigates, and at-
tempts 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 com-
petent jurisdiction to recover the damages de-
scribed in paragraph (1)(A)(i). 
(C) SUMS RECOVERED.—Any sums recov-
ered by the Secretary of Labor pursuant to sub-
paragraph (B) shall be held in a special deposit 
account and shall be paid, on order of the Sec-
retary, directly to each individual affected. Any 
such sums not paid to such an individual be-
cause of inability to do so within a period of 
three years shall be deposited into the Treasury 
of the United States as miscellaneous receipts. 
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(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, 
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lotter on DSKBCFDHB2PROD with BILLS
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, re-
instatement, 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 sub-
section. 
(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 indi-
vidual’s experience of domestic violence, dating vio-
lence, 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 Sec-
retary of Labor under this subsection shall be exer-
cised by the Librarian of Congress. 
(8) CERTAIN PUBLIC AGENCY EMPLOYERS.— 
(A) 
AGENCIES.—Notwithstanding 
any 
other provision of this subsection, in the case of 
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lotter on DSKBCFDHB2PROD with BILLS
a public agency that employs individuals as de-
scribed 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 en-
tity 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 sub-
section 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 indi-
vidual described in subparagraph (A). 
(9) PUBLIC AGENCIES PROVIDING PUBLIC AS-
SISTANCE.—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 
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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 appro-
priate. 
SEC. 203. EXISTING LEAVE USABLE FOR ADDRESSING DO-
MESTIC VIOLENCE, DATING VIOLENCE, SEX-
UAL 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 pe-
riod of such leave for an equivalent period of leave pro-
vided 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 
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lotter on DSKBCFDHB2PROD with BILLS
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 bene-
fits 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, PRO-
GRAMS, AND PLANS.—Nothing in this title shall be con-
strued to supersede any provision of any Federal, State, 
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lotter on DSKBCFDHB2PROD with BILLS
or local law, collective bargaining agreement, or employ-
ment benefits program or plan that provides— 
(1) greater leave rights for survivors of domes-
tic violence, dating violence, sexual assault, or stalk-
ing than the rights established under this Act; or 
(2) leave benefits for a larger population of sur-
vivors of domestic violence, dating violence, sexual 
assault, or stalking (as defined in such law, agree-
ment, program, or plan) than the survivors of do-
mestic violence, dating violence, sexual assault, or 
stalking covered under this Act. 
(b) LESS PROTECTIVE LAWS, AGREEMENTS, PRO-
GRAMS, 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 em-
ployment benefits program or plan. 
SEC. 206. REGULATIONS. 
(a) IN GENERAL.— 
(1) AUTHORITY TO ISSUE REGULATIONS.—Ex-
cept 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 
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lotter on DSKBCFDHB2PROD with BILLS
regulations requiring every employer to post and 
keep posted, in conspicuous places on the premises 
of the employer where notices to employees are cus-
tomarily placed, a notice, to be prepared or approved 
by the Secretary of Labor, summarizing the provi-
sions of this title and providing information on pro-
cedures 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 Con-
gress shall prescribe the regulations described in sub-
section (a) with respect to employees of the Library of 
Congress. The regulations prescribed under this sub-
section 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 Of-
fice of Personnel Management shall prescribe the regula-
tions described in subsection (a) with respect to individ-
uals 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 Govern-
ment). The regulations prescribed under this subsection 
shall, to the extent appropriate, be consistent with the reg-
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ulations prescribed by the Secretary of Labor under sub-
section (a). 
(d) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST-
ANCE.—The President shall prescribe the regulations de-
scribed 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 discrimina-
tion described in section 202(g)(3). The regulations pre-
scribed under this subsection shall, to the extent appro-
priate, 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’ Employ-
ment Sustainability Act’’. 
SEC. 302. PROHIBITED DISCRIMINATORY ACTS. 
(a) IN GENERAL.—It shall be unlawful for an em-
ployer to fail or refuse to hire or discharge any individual, 
or otherwise discriminate (including harassment or retalia-
tion in any form or manner) against any individual with 
respect to the compensation, terms, conditions, or privi-
leges of employment of the individual, and it shall be un-
lawful for a public agency to deny, reduce, or terminate 
the benefits of, or otherwise sanction any individual, or 
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otherwise discriminate (including harassment or retalia-
tion in any form or manner) against any individual with 
respect to the amount, terms, or conditions of public as-
sistance 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, sex-
ual assault, or stalking, or a survivor of communica-
tion of an intimate image of the individual; 
(2) that individual attended, participated in, 
prepared for, or requested leave to attend, partici-
pate in, or prepare for, a criminal or civil court pro-
ceeding relating to an incident that caused the indi-
vidual to be a survivor of domestic violence, dating 
violence, sexual assault, or stalking, or a survivor of 
communication of an intimate image of the indi-
vidual; 
(3) that individual, in response to actual or 
threatened domestic violence, dating violence, sexual 
assault, or stalking, or actual or threatened commu-
nication of an intimate image of the individual, re-
quested that the employer or public agency imple-
ment a reasonable safety procedure or a job-related 
modification to enhance the security of that indi-
vidual or safeguard the workplace involved; or 
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(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 in-
timate 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 ap-
pears to have been transmitted or disseminated by 
a person who— 
(A) 
obtained 
the 
image 
under 
cir-
cumstances in which a reasonable person would 
know or understand that the image was to re-
main private; 
(B) knows or should have known that the 
depicted individual has not consented to the dis-
closure of the image; and 
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(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 privi-
leges of employment or with respect to the terms or 
conditions of public assistance, includes failing to 
implement, on request from an individual, in re-
sponse 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 trans-
fer, provision of leave, modification of a schedule, or 
adjustment of a work requirement), unless the em-
ployer or public agency can demonstrate that grant-
ing 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 sec-
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lotter on DSKBCFDHB2PROD with BILLS
tion 40002 of the Violence Against Women Act of 
1994 (42 U.S.C. 13925). 
(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 informa-
tion displayed with or otherwise connected to the 
image, that— 
(A) was taken in a private setting; 
(B) does not depict a matter of public con-
cern; 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 mean-
ings given the terms in section 201. 
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(6) UNDUE
HARDSHIP.—The term ‘‘undue 
hardship’’ means an action requiring significant dif-
ficulty or expense. 
SEC. 303. ENFORCEMENT. 
(a) CIVIL ACTION BY INDIVIDUALS.— 
(1) LIABILITY.—Any employer that violates sec-
tion 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 dam-
ages for future pecuniary losses, emotional 
pain, suffering, inconvenience, mental anguish, 
loss of enjoyment or life, and other nonpecu-
niary 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 appro-
priate, including employment, reinstatement, 
and promotion. 
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(2) RIGHT OF ACTION.—An action to recover 
the damages or equitable relief prescribed in para-
graph (1) may be maintained against any employer 
in any Federal or State court of competent jurisdic-
tion by any one or more affected individuals de-
scribed in section 302. 
(b) ACTION BY SECRETARY OF LABOR.—The Sec-
retary 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 Con-
gress. 
(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 sub-
paragraph (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 
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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 Protec-
tion 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 vio-
lation of section 302, respectively, concerning an em-
ployee who is an individual described in paragraph 
(1). 
(e) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST-
ANCE.—Consistent with regulations prescribed under sec-
tion 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 de-
nied or lost to such individual by reason of the viola-
tion; and 
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(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 regula-
tions to carry out this title. 
(b) LIBRARY OF CONGRESS.—The Librarian of Con-
gress shall prescribe the regulations described in sub-
section (a) with respect to employees of the Library of 
Congress. The regulations prescribed under this sub-
section 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 Of-
fice of Personnel Management, after consultation with the 
Office of Special Counsel and the Merit Systems Protec-
tion Board, shall prescribe the regulations described in 
subsection (a) with respect to individuals described in sub-
paragraph (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 pre-
scribed under this subsection shall, to the extent appro-
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priate, be consistent with the regulations prescribed by the 
Secretary of Labor under subsection (a). 
(d) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST-
ANCE.—The President shall prescribe the regulations de-
scribed 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 reg-
ulations prescribed under this subsection shall, to the ex-
tent appropriate, be consistent with the regulations pre-
scribed 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’ Employ-
ment Sustainability Act,’’ after ‘‘title VI of the Civil 
Rights Act of 1964,’’. 
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TITLE IV—ENTITLEMENT TO UN-
EMPLOYMENT 
COMPENSA-
TION FOR SURVIVORS OF DO-
MESTIC 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 addi-
tional conditions that restrict the individual’s eligi-
bility for or receipt of benefits beyond those required 
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lotter on DSKBCFDHB2PROD with BILLS
of other individuals who are forced to leave their 
jobs or are deemed to have good cause for volun-
tarily separating from a job in the State; and’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(g) CONSTRUCTION.—For purposes of subsection 
(a)(19)— 
‘‘(1) DOCUMENTATION.—In determining eligi-
bility for compensation due to circumstances result-
ing from an individual being a survivor of domestic 
violence, dating violence, sexual assault, or stalk-
ing— 
‘‘(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 dem-
onstrate eligibility, except that a State may re-
quire the presentation of a form of identifica-
tion in addition to the sworn statement of appli-
cant described in paragraph (2)(A). 
‘‘(2) LIST OF FORMS OF DOCUMENTATION.— 
The list referred to in paragraph (1)(A) shall, at a 
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minimum, include the following forms of documenta-
tion: 
‘‘(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 organi-
zation, 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 vio-
lence’, ‘dating violence’, ‘sexual assault’, ‘stalking’, 
‘survivor of domestic violence, dating violence, sexual 
assault, or stalking’, and ‘survivor services organiza-
tion’ have the meanings given such terms in section 
201 of the Security and Financial Empowerment 
Act of 2017.’’. 
(b) UNEMPLOYMENT COMPENSATION PERSONNEL 
TRAINING.—Section 303(a) of the Social Security Act (42 
U.S.C. 503(a)) is amended— 
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lotter on DSKBCFDHB2PROD with BILLS
(1) by redesignating paragraphs (4) through 
(12) as paragraphs (5) through (13), respectively; 
and 
(2) by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(4) Such methods of administration as will en-
sure that— 
‘‘(A) applicants for unemployment com-
pensation and individuals inquiring about such 
compensation are adequately notified of the 
provisions of subsections (a)(19) and (g) of sec-
tion 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 per-
sonnel are adequately trained in— 
‘‘(i) the nature and dynamics of do-
mestic violence, dating violence, sexual as-
sault, or stalking (as such terms are de-
fined in section 201 of the Security and 
Financial Empowerment Act of 2017); and 
‘‘(ii) methods of ascertaining and 
keeping confidential information about pos-
sible experiences of domestic violence, dat-
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ing violence, sexual assault, or stalking (as 
so defined) to ensure that— 
‘‘(I) requests for unemployment 
compensation based on separations 
stemming from domestic violence, dat-
ing violence, sexual assault, or stalk-
ing (as so defined) are reliably 
screened, identified, and adjudicated; 
and 
‘‘(II) full confidentiality is pro-
vided 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 en-
forcing standards and procedures to— 
‘‘(A) ensure that applicants for assistance 
under the program and individuals inquiring 
about such assistance are adequately notified 
of— 
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lotter on DSKBCFDHB2PROD with BILLS
‘‘(i) the provisions of subsections 
(a)(19) and (g) of section 3304 of the In-
ternal Revenue Code of 1986 (relating to 
the availability of unemployment com-
pensation for survivors of domestic vio-
lence, 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 2017); 
‘‘(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 do-
mestic violence, dating violence, sexual as-
sault, or stalking (as such terms are de-
fined in section 201 of the Security and 
Financial Empowerment Act of 2017); 
‘‘(ii) State standards and procedures 
relating to the prevention of, and assist-
ance for individuals who are survivors of, 
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domestic violence, dating violence, sexual 
assault, or stalking (as so defined); and 
‘‘(iii) methods of ascertaining and 
keeping confidential information about pos-
sible experiences of domestic violence, dat-
ing 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 vi-
olence pursuant to paragraph (7), ensure 
that— 
‘‘(i) applicants for assistance under 
the program and individuals inquiring 
about such assistance are adequately noti-
fied of options available under such stand-
ards 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 proce-
dures; and 
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‘‘(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 sec-
tion 401(d)(2) of the Security and Financial 
Empowerment Act of 2017).’’. 
(d) DOMESTIC VIOLENCE, DATING VIOLENCE, SEX-
UAL ASSAULT, OR STALKING TRAINING GRANT PRO-
GRAM.— 
(1) GRANTS
AUTHORIZED.—The Secretary of 
Labor (in this subsection referred to as the ‘‘Sec-
retary’’) 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 sub-
paragraphs (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 
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(B) grants to State, tribal, or local agen-
cies 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 pro-
gram established under part A of title IV of the 
Social Security Act in a State or Indian res-
ervation with the training required under sub-
paragraphs (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 vio-
lence, sexual assault, or stalking, such as 
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a rape crisis center or domestic violence 
program; or 
(iii) 
an 
organization 
with 
dem-
onstrated expertise in State or county wel-
fare laws and implementation of such laws 
and experience with disseminating informa-
tion 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 vi-
olence 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 vio-
lence and sexual assault expertise require-
ment 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 man-
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