Ending the Monopoly of Power Over Workplace harassment through Education and Reporting Act-Part I or the EMPOWER Act-Part I
This bill prohibits the use of nondisparagement and nondisclosure clauses that cover workplace harassment in employment contracts and directs the Equal Employment Opportunity Commission (EEOC) to take certain actions related to workplace harassment.
Specifically, the bill prohibits the use of nondisparagement and nondisclosure clauses in employment contracts if such clauses cover workplace harassment, including sexual harassment or retaliation for reporting harassment. It also prohibits the enforcement or attempted enforcement of such clauses.
Notwithstanding signing any nondisparagement or nondisclosure clause, an employee or applicant retains any right that person would otherwise have had to report a concern about workplace harassment to the EEOC and other specified agencies and any right that person would otherwise have had to bring an action in a court of the United States.
Additionally, the bill prohibits state immunity under the Eleventh Amendment to the Constitution from an action in a federal court for a violation related to workplace harassment.
The bill also directs the EEOC to (1) establish a confidential tip line that supplements its existing process for submitting a charge of discrimination; and (2) disseminate workplace training programs and information regarding workplace harassment, including sexual harassment.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 575 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 575
To deter, prevent, reduce, and respond to harassment in the workplace,
including sexual harassment, sexual assault, and harassment based on
protected categories.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 2019
Ms. Harris (for herself and Ms. Murkowski) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To deter, prevent, reduce, and respond to harassment in the workplace,
including sexual harassment, sexual assault, and harassment based on
protected categories.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending the Monopoly of Power Over
Workplace harassment through Education and Reporting Act--Part 1'' or
the ``EMPOWER Act--Part 1''.
SEC. 2. PURPOSE AND AUTHORITY.
It is the purpose of this Act, through the exercise by Congress of
its power to regulate commerce among the several States, to deter,
prevent, reduce, and respond to harassment in the workplace, including
sexual harassment, sexual assault, and harassment based on other
protected categories.
SEC. 3. DEFINITIONS.
In this Act:
(1) Applicant.--The term ``applicant'' means an applicant
for employment as an employee, independent contractor, or
outside worker.
(2) Charge of discrimination.--The term ``Charge of
Discrimination'' means a charge of discrimination filed
pursuant to section 706 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-5).
(3) Commission.--The term ``Commission'' means the Equal
Employment Opportunity Commission.
(4) Employee.--The term ``employee'' means--
(A) an individual employed by an employer described
in paragraph (5), including an outside worker in such
individual's office or place of employment;
(B) an employee to which section 703, 704, or
717(a) of the Civil Rights Act of 1964 (42 U.S.C.
2000e-2; 2000e-3; 2000e-16(a)) applies, including an
outside worker in such an employee's office or place of
employment;
(C) a State employee to which section 302(a)(1) of
the Government Employee Rights Act of 1991 (42 U.S.C.
2000e-16b(a)(1)) applies, including an outside worker
in such a State employee's office or place of
employment; or
(D) a covered employee, as defined in section 101
of the Congressional Accountability Act of 1995 (2
U.S.C. 1301) or section 411(c) of title 3, United
States Code, including an outside worker in such a
covered employee's office or place of employment.
(5) Employer.--The term ``employer'' means--
(A) a person engaged in an industry affecting
commerce, and any agent of such a person;
(B) an entity to which section 703, 704, or 717(a)
of the Civil Rights Act of 1964 applies;
(C) an employing authority to which section
302(a)(1) of the Government Employee Rights Act of 1991
applies; or
(D) an employing office, as defined in section 101
of the Congressional Accountability Act of 1995 or
section 411(c) of title 3, United States Code.
(6) Fair employment practices agencies.--The term ``fair
employment practices agencies'' means State and local agencies
with the authority to enforce laws or regulations to prohibit
discrimination in employment.
(7) Independent contractor.--The term ``independent
contractor'' means an individual who, with respect to an
employer, is a contractor based on the common law of agency.
(8) Law enforcement agency.--The term ``law enforcement
agency'' means a government agency with criminal or civil law
enforcement powers, which may include a government agency with
regulatory or licensing authority.
(9) Nondisclosure clause.--The term ``nondisclosure
clause'' means a provision in a contract or agreement
establishing that the parties to the contract or agreement
agree not to disclose information covered by the terms and
conditions of the contract or agreement.
(10) Nondisparagement clause.--The term ``nondisparagement
clause'' means a provision in a contract or agreement requiring
one or more parties to the contract or agreement not to make
negative statements about the other.
(11) Outside worker.--The term ``outside worker'' means--
(A) a temporary worker hired through an employment
agency (as defined in section 701 of the Civil Rights
Act of 1964 (42 U.S.C. 2000e)) to provide services to
an employer pursuant to an agreement between the
employment agency and the employer;
(B) an independent contractor for an employer or a
subcontractor thereof; or
(C) an intern or volunteer, whether paid or unpaid,
for an employer.
(12) Sexual assault.--The term ``sexual assault'' means any
nonconsensual sexual act proscribed by Federal, tribal, or
State law, including such an act that occurs when the victim
lacks capacity to consent.
(13) Subcontractor.--The term ``subcontractor'' means any
employer having a contract with a prime contractor or another
subcontractor calling for supplies or services required for the
performance of a contract or a government contract.
(14) Workplace harassment.--The term ``workplace
harassment'' means unwelcome or offensive conduct based on sex
(including such conduct based on sexual orientation, gender
identity, and pregnancy), race, color, national origin,
disability, age, or religion, whether that conduct occurs in-
person or through an electronic medium (which may include
social media), in a work or work-related context, which affects
any term, condition, or privilege of employment.
SEC. 4. PROHIBITING NONDISPARAGEMENT AND NONDISCLOSURE CLAUSES THAT
COVER WORKPLACE HARASSMENT, INCLUDING SEXUAL HARASSMENT.
(a) Unlawful Practices.--
(1) Prohibition on workplace harassment nondisclosure
clause.--Subject to subsection (b)(1), it shall be an unlawful
practice for an employer to enter into a contract or agreement
with an employee or applicant, as a condition of employment,
promotion, compensation, benefits, or change in employment
status or contractual relationship, or as a term, condition, or
privilege of employment, if that contract or agreement contains
a nondisparagement or nondisclosure clause that covers
workplace harassment, including sexual harassment or
retaliation for reporting, resisting, opposing, or assisting in
the investigation of workplace harassment.
(2) Prohibition on enforcement.--Notwithstanding any other
provision of law, it shall be an unlawful practice and
otherwise unlawful for an employer to enforce or attempt to
enforce a nondisparagement clause or nondisclosure clause
described in paragraph (1).
(b) Settlement or Separation Agreements.--
(1) In general.--The provisions of subsection (a) do not
apply to a nondisclosure clause or nondisparagement clause
contained in a settlement agreement or separation agreement
that resolves legal claims or disputes when--
(A) such legal claims accrued or such disputes
arose before the settlement agreement or separation
agreement was executed; and
(B) such clauses are mutually agreed upon and
mutually benefit both the employer and employee.
(2) Unlawful practice.--It shall be an unlawful practice
for an employer to unilaterally include a nondisclosure clause
or a nondisparagement clause that solely benefits the employer
in a separation or settlement agreement.
(c) Right To Report Reserved.--Notwithstanding signing (before or
after the effective date of this Act) any nondisparagement or
nondisclosure clause including a clause referred to in subsection
(a)(1), an employee or applicant retains any right that person would
otherwise have had to report a concern about workplace harassment,
including sexual harassment or another violation of the law to the
Commission, another Federal agency (including an office of the
legislative or judicial branch), a State or local fair employment
practices agency or any State or local agency, or a law enforcement
agency, and any right that person would otherwise have had to bring an
action in a court of the United States.
(d) Enforcement.--
(1) Enforcement powers.--With respect to the administration
and enforcement of this section in the case of a claim alleged
by an employee for a violation of this section--
(A) the Commission shall have the same powers as
the Commission has to administer and enforce--
(i) title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.); or
(ii) sections 302 and 304 of the Government
Employee Rights Act of 1991 (42 U.S.C. 2000e-
16b and 2000e-16c),
in the case of a claim alleged by such employee for a
violation of such title, or of section 302(a)(1) of the
Government Employee Rights Act of 1991 (42 U.S.C.
2000e-16b(a)(1)), respectively;
(B) the Librarian of Congress shall have the same
powers as the Librarian of Congress has to administer
and enforce title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000e et seq.) in the case of a claim
alleged by such employee for a violation of such title;
(C) the Board (as defined in section 101 of the
Congressional Accountability Act of 1995 (2 U.S.C.
1301)) shall have the same powers as the Board has to
administer and enforce the Congressional Accountability
Act of 1995 (2 U.S.C. 1301 et seq.) in the case of a
claim alleged by such employee for a violation of
section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1));
(D) the Attorney General shall have the same powers
as the Attorney General has to administer and enforce--
(i) title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.); or
(ii) sections 302 and 304 of the Government
Employee Rights Act of 1991 (42 U.S.C. 2000e-
16b and 2000e-16c),
in the case of a claim alleged by such employee for a
violation of such title, or of section 302(a)(1) of the
Government Employee Rights Act of 1991 (42 U.S.C.
2000e-16b(a)(1)), respectively;
(E) the President, the Commission, and the Merit
Systems Protection Board shall have the same powers as
the President, the Commission, and the Board,
respectively, have to administer and enforce chapter 5
of title 3, United States Code, in the case of a claim
alleged by such employee for a violation of section 411
of such title;
(F) the Commission shall have the same powers as
described in subparagraph (A) to administer and enforce
a claim by any employee who is not otherwise able to
seek remedy for a claim through an enforcement entity
described in subparagraph (A) through (E); and
(G) a court of the United States shall have the
same jurisdiction and powers as the court has to
enforce--
(i) title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.) in the case of a
claim alleged by such employee for a violation
of such title or in the case of a claim
described in subparagraph (F);
(ii) sections 302 and 304 of the Government
Employee Rights Act of 1991 (42 U.S.C. 2000e-
16b and 2000e-16c) in the case of a claim
alleged by such employee for a violation of
section 302(a)(1) of such Act (42 U.S.C. 2000e-
16b(a)(1));
(iii) the Congressional Accountability Act
of 1995 (2 U.S.C. 1301 et seq.) in the case of
a claim alleged by such employee for a
violation of section 201(a)(1) of such Act (2
U.S.C. 1311(a)(1)); and
(iv) chapter 5 of title 3, United States
Code, in the case of a claim alleged by such
employee for a violation of section 411 of such
title.
(2) Procedures and remedies.--The procedures and remedies
applicable to a claim alleged by an employee for a violation of
this section are--
(A) the procedures and remedies applicable for a
violation of title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000e et seq.) in the case of a claim
alleged by such employee for a violation of such title
or in the case of a claim described in paragraph
(1)(F);
(B) the procedures and remedies applicable for a
violation of section 302(a)(1) of the Government
Employee Rights Act of 1991 (42 U.S.C. 2000e-16b(a)(1))
in the case of a claim alleged by such employee for a
violation of such section;
(C) the procedures and remedies applicable for a
violation of section 201(a)(1) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1311(a)(1)) in the
case of a claim alleged by such employee for a
violation of such section; and
(D) the procedures and remedies applicable for a
violation of section 411 of title 3, United States
Code, in the case of a claim alleged by such employee
for a violation of such section.
(3) Other applicable provisions.--With respect to a claim
alleged by a covered employee (as defined in section 101 of the
Congressional Accountability Act of 1995 (2 U.S.C. 1301)) for a
violation of this section, title III of the Congressional
Accountability Act of 1995 (2 U.S.C. 1381 et seq.) shall apply
in the same manner as such title applies with respect to a
claim alleged by such a covered employee for a violation of
section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)).
(e) Regulations.--
(1) In general.--Except as provided in paragraphs (2), (3),
and (4), the Commission shall have authority to issue
regulations to carry out this section.
(2) Librarian of congress.--The Librarian of Congress shall
have authority to issue regulations to carry out this section
with respect to employees and applicants for employment of the
Library of Congress.
(3) Board.--The Board referred to in subsection (d)(1)(C)
shall have authority to issue regulations to carry out this
section, in accordance with section 304 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1384), with respect to
covered employees, as defined in section 101 of such Act (2
U.S.C. 1301).
(4) President.--The President shall have authority to issue
regulations to carry out this section with respect to covered
employees, as defined in section 411(c) of title 3, United
States Code, and applicants for employment as such employees.
(f) State and Federal Immunity.--
(1) Abrogation of state immunity.--A State shall not be
immune under the 11th Amendment to the Constitution from a suit
brought in a Federal court of competent jurisdiction for a
violation of this section.
(2) Waiver of state immunity.--
(A) In general.--
(i) Waiver.--A State's receipt or use of
Federal financial assistance for any program or
activity of a State shall constitute a waiver
of sovereign immunity, under the 11th Amendment
to the Constitution or otherwise, to a suit
brought by an employee or applicant for
employment of that program or activity under
this section for a remedy authorized under
subsection (d).
(ii) Definition.--In this paragraph, the
term ``program or activity'' has the meaning
given the term in section 606 of the Civil
Rights Act of 1964 (42 U.S.C. 2000d-4a).
(B) Effective date.--With respect to a particular
program or activity, subparagraph (A) applies to
conduct occurring on or after the day, after the date
of enactment of this Act, on which a State first
receives or uses Federal financial assistance for that
program or activity.
(3) Remedies against state officials.--An official of a
State may be sued in the official capacity of the official by
any employee or applicant for employment who has complied with
the applicable procedures of subsection (d), for equitable
relief that is authorized under this section. In such a suit
the court may award to the prevailing party those costs
authorized by section 722 of the Revised Statutes (42 U.S.C.
1988).
(4) Remedies against the united states and the states.--
Notwithstanding any other provision of this Act, in an action
or administrative proceeding against the United States or a
State for a violation of this section, remedies (including
remedies at law and in equity, and interest) are available for
the violation to the same extent as the remedies are available
for a violation of title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000e et seq.) by a private entity, except that--
(A) punitive damages are not available; and
(B) compensatory damages are available to the
extent specified in section 1977A(b) of the Revised
Statutes (42 U.S.C. 1981a(b)).
SEC. 5. CONFIDENTIAL TIP-LINE ADDRESSING EMPLOYERS WITH WIDESPREAD AND
SYSTEMIC WORKPLACE HARASSMENT.
(a) Confidential Tip-Line Established.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall establish a
confidential tip-line that supplements the Commission's
existing process for submitting a Charge of Discrimination, and
that has the characteristics described in paragraph (2), to--
(A) receive, log, and acknowledge the receipt of
reports by employees, applicants, bystanders, or other
individuals who attest that they have experienced or
witnessed workplace harassment, including sexual
assault and other forms of sexual harassment;
(B) provide informational materials to reporting
individuals described in subparagraph (A); and
(C) make available reports described in
subparagraph (A) to--
(i) the Commission; and
(ii) Commission-approved fair employment
practices agencies for potential investigation.
(2) Operation of the tip-line.--The Commission shall ensure
that the tip-line established under this section will--
(A) explicitly notify reporting individuals that
the tip-line does not allow anonymous reporting, but
does allow the submission of confidential reports,
independent of a Charge of Discrimination or a Federal
or State administrative complaint, by those employees
or applicants who have experienced workplace
harassment, including sexual assault and other forms of
sexual harassment, and by those employees, applicants,
bystanders, or other individuals who have witnessed
such conduct;
(B) provide an option for reporting individuals to
make a report that would not identify individual
employees, but would identify the entity, employer,
division, or subdivision responsible for the workplace
harassment, including sexual assault and other forms of
sexual harassment;
(C) educate reporting individuals about how to
preserve the right to make any reports, complaints, or
charges that the individuals would otherwise have been
eligible to make, independent of any report to the tip-
line, including--
(i) the right of the reporting individual
to file a Charge of Discrimination that will
result in the Commission or a Commission-
approved fair employment practices agency
taking action (and the risk of losing that
right if the reporting individual fails to file
a timely Charge of Discrimination); and
(ii) a clear explanation of any deadlines
or limitations periods;
(D) instruct reporting individuals about how to
file a Charge of Discrimination with the Commission and
encourage reporting individuals to file a Charge of
Discrimination in order to allow the Commission to more
effectively investigate the workplace harassment;
(E) emphasize that reports to the confidential tip-
line--
(i) will not prompt individualized
investigations, except in the limited
circumstances described in clause (ii),
subparagraph (I), and subsection (b), and such
investigations will fully comport with
applicable due process requirements;
(ii) will be monitored by the Commission
and Commission-approved fair employment
practices agencies to identify trends and
determine whether investigations should be
undertaken, for instance, when the Commission
has received multiple complaints regarding a
particular employer or there is evidence of a
broader pattern or practice of workplace
harassment;
(iii) shall not be discoverable in civil
cases, unless the reporting individual waives
the confidentiality of the submitted reports;
and
(iv) shall not be shared with other Federal
agencies;
(F) engage fair employment practices agencies at
the State and local level to apply and be thoroughly
vetted and reviewed for approved access to the
confidential tip-line;
(G) share information from the tip-line, including
information on opened investigations, only between and
among participating approved fair employment practices
agencies and the Commission to facilitate coordination
and avoid conflicts in investigations and resolutions;
(H) offer an option to each reporting individual,
at the time of reporting, to elect to be informed, to
the extent practicable, if the individual's report
leads to an investigation, so that the reporting
individual may choose to provide further information or
participate in any resulting investigation; and
(I) protect the identity of individuals making
reports and employers by making such reports
confidential within the tip-line and only available to
the Commission and Commission-approved fair employment
practices agencies, and require that information
obtained can be used only for the purpose of
investigation related to the submitted complaint or
complaints, in full compliance with applicable due
process requirements.
(b) Charge of Discrimination.--In the event that a member of the
Commission determines that information received from the tip-line
warrants an investigation, the member may initiate an investigation by
filing a Charge of Discrimination in accordance with section 706 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-5).
(c) Education About the Tip-Line.--The Commission shall disseminate
information and educate the public about the tip-line established under
this section.
(d) Unlawful Practices With Respect to the Tip-Line.--
(1) Other unlawful practice.--It shall be unlawful to
engage in any unlawful employment practice described in section
704 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-3) with
respect to the tip-line under this section, including
contacting or making threats to contact law enforcement
authorities, such as the police, immigration officials, or
other officials, with respect to an employee or applicant
because that employee or applicant has made a charge,
testified, assisted, or participated in any manner in an
investigation, proceeding or hearing under this section.
(2) Confidentiality.--It shall be unlawful for any officer
or employee of the Commission, or any Commission-approved fair
employment practices agencies, to make public in any manner
whatever any information obtained by the Commission pursuant to
its authority under this section, prior to institution of any
proceeding under section 706 of the Civil Rights Act of 1964
(42 U.S.C. 2000e-5), except that the Commission, or any
Commission-approved fair employment practices agency, shall
offer information to reporting individuals in accordance with
this section.
(3) Enforcement.--The enforcement provisions described in
section 4(d) shall apply in the same manner to the enforcement
of a violation described in paragraph (1) or (2).
(e) Effective Date.--This section shall first take effect on the
first day of the first fiscal year for which $1,500,000 is appropriated
to carry out this section.
(f) Annual Minimum.--The Commission shall not be required to
implement this section in any fiscal year for which less than
$1,000,000 is appropriated to carry out this section.
SEC. 6. SEC FILINGS AND MATERIAL DISCLOSURES AT PUBLIC COMPANIES.
(a) Definitions.--In this section--
(1) the term ``Form 10-K'' means the form described in
section 249.310 of title 17, Code of Federal Regulations, or
any successor regulation; and
(2) the term ``issuer'' has the meaning given the term in
section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C.
78c(a)).
(b) Findings.--Congress finds that--
(1) shareholders and the public should know whether
corporations--
(A) are expending company funds to resolve, settle,
or litigate claims of workplace harassment, including
sexual harassment; and
(B) along with the executives and managers of those
corporations--
(i) are complying with prohibitions against
workplace harassment, including sexual
harassment; and
(ii) facilitate a culture of silence,
disrespect, intimidation, and abuse that
negatively impacts the health and safety of the
workers of those corporations and the value of
those corporations; and
(2) the requirements of this section will--
(A) establish necessary transparency and
accountability; and
(B) provide an incentive for corporations to--
(i) promptly address workplace harassment,
including sexual harassment, as that misconduct
occurs; and
(ii) foster a culture in which workplace
harassment is not protected and does not occur.
(c) Information Required.--Not later than 1 year after the date of
enactment of this Act, the Securities and Exchange Commission shall
promulgate a regulation that requires any issuer that is required to
submit an annual report using Form 10-K to include in any such
submission--
(1) during the period covered by the submission--
(A) with respect to workplace harassment, including
sexual harassment, and retaliation for reporting,
resisting, opposing, or assisting in the investigation
of workplace harassment--
(i) the number of settlements reached by
the issuer as a signatory or when the issuer is
a beneficiary of a release of claims; and
(ii) whether any judgments or awards
(including awards through arbitration or
administrative proceedings) were entered
against the issuer in part or in whole, or any
payments made in connection with a release of
claims; and
(B) the total amount paid by the issuer or another
party as a result of--
(i) the settlements described in
subparagraph (A)(i); and
(ii) the judgments described in
subparagraph (A)(ii); and
(2) information regarding whether, in the aggregate,
including the period covered by the submission, there have been
three or more settlements reached by, or judgments against, the
issuer with respect to workplace harassment, including sexual
harassment, or retaliation for reporting, resisting, opposing,
or assisting in the investigation of workplace harassment that
relate to a particular individual employed by the issuer,
without identifying that individual by name.
SEC. 7. PROFESSIONAL TRAINING, INCLUDING BYSTANDER TRAINING, AND PUBLIC
EDUCATION CAMPAIGNS.
(a) Commission Authority.--The Commission shall have the authority
to--
(1) reasonably adjust the fees the Commission charges for
any education, technical assistance, or training the Commission
offers in accordance with section 705(j)(1) of the Civil Rights
Act of 1964 (42 U.S.C. 2000e-4(j)(1));
(2) use the materials developed by the Commission for any
education, technical assistance, or training offered by the
Commission in accordance with section 705(j)(1) of the Civil
Rights Act of 1964 in any education and outreach activities
carried out by the Commission; and
(3) use funds from the EEOC Education, Technical
Assistance, and Training Revolving Fund, established under
section 705(k) of the Civil Rights Act of 1964, to pay the full
salaries of any Commission employees that develop and
administer any education, technical assistance, or training
programs offered by the Commission.
(b) Workplace Training.--
(1) In general.--The Commission shall provide for the
development and dissemination of workplace training programs
and information regarding workplace harassment, including
sexual harassment.
(2) Contents of training.--The training provided by the
Commission under this subsection to managers and nonmanagers
shall be consistent with the findings of the Commission, on
matters including--
(A) what constitutes workplace harassment,
including sexual harassment;
(B) the rights of individuals with respect to
workplace harassment and how to report workplace
harassment;
(C) how individuals, including bystanders, who
encounter workplace harassment can intervene or report
the harassment; and
(D) how employers and managers can prevent
workplace harassment, including sexual harassment, from
occurring in the workplace.
(3) Contents of information.--In providing information
under this subsection, the Commission shall--
(A) prepare and distribute information that is
consistent with the findings of the Commission; and
(B) develop and disseminate a public service
advertisement campaign that--
(i) distributes information with respect to
the matters described in paragraph (2); and
(ii) advertises the confidential complaint
database established under section 5.
(c) Effective Date.--This section shall not take effect in any
fiscal year for which less than $1,500,000 is appropriated to carry out
this section.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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