No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5132 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5132
To promote the economic security and safety of survivors of domestic
violence, dating violence, sexual assault, or stalking, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 19, 2024
Mrs. Murray (for herself, Ms. Baldwin, Mr. Blumenthal, Mr. Casey, Ms.
Hirono, Ms. Klobuchar, Mr. Padilla, Mr. Sanders, Mrs. Shaheen, and Mr.
Van Hollen) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To promote the economic security and safety of survivors of domestic
violence, dating violence, sexual assault, or stalking, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Security And
Financial Empowerment for Survivors Act of 2024'' or the ``SAFE for
Survivors Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Rule of construction regarding more protective laws,
agreements, programs, and plans.
Sec. 5. Arbitration.
TITLE I--REAUTHORIZATION OF NATIONAL RESOURCE CENTER GRANTS ON
WORKPLACE RESPONSES TO ASSIST VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE
Sec. 101. Grant program reauthorization.
TITLE II--SAFE LEAVE FOR ADDRESSING QUALIFYING ACTS OF VIOLENCE
Sec. 201. Entitlement to safe leave for addressing domestic violence,
dating violence, sexual assault, or
stalking.
Sec. 202. Prohibited acts.
Sec. 203. Enforcement.
Sec. 204. Existing leave usable for a qualifying act of violence.
Sec. 205. Emergency benefits.
Sec. 206. Regulations.
TITLE III--SURVIVORS' EMPLOYMENT SUSTAINABILITY
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Prohibited discriminatory acts.
Sec. 304. Remedies and enforcement.
Sec. 305. Rulemaking.
Sec. 306. Attorney's fees.
TITLE IV--ENTITLEMENT TO UNEMPLOYMENT COMPENSATION FOR VICTIMS OF A
QUALIFYING ACT OF VIOLENCE
Sec. 401. Unemployment compensation for victims of a qualifying act of
violence.
TITLE V--INSURANCE PROTECTIONS AND SUPPORT FOR VICTIMS OF A QUALIFYING
ACT OF VIOLENCE
Subtitle A--Insurance Protections
Sec. 501. Definitions.
Sec. 502. Discriminatory acts prohibited.
Sec. 503. Insurance protocols for victims of a qualifying act of
violence.
Sec. 504. Reasons for adverse actions.
Sec. 505. Life insurance.
Sec. 506. Subrogation without consent prohibited.
Sec. 507. Enforcement.
Sec. 508. Applicability.
Subtitle B--Supporting and Empowering Victims
Sec. 511. Qualifying acts of violence education and information
programs for victims.
Sec. 512. Investing in public health infrastructure to improve support
for victims.
TITLE VI--SEVERABILITY
Sec. 601. Severability.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Gender-based violence is prevalent in the United
States. According to the Centers for Disease Control and
Prevention, almost 1 in 4 women report having experienced
severe physical violence from an intimate partner in their
lifetime and 1 in 4 women reported an attempted or completed
rape during their lifetime. Such violence has a devastating
impact on women's physical and emotional health, financial
security, and ability to maintain their jobs, and thus impacts
interstate commerce and economic security.
(2) A large percentage of the workforce are survivors of
domestic and sexual violence, and many of them struggle to
remain connected to the workforce as they face numerous
challenges in obtaining and maintaining employment as a
consequence of the abuse.
(3) The Office on Violence Against Women of the Department
of Justice defines domestic violence as a pattern of abusive
behavior in any relationship that is used by one intimate
partner to gain or maintain power and control over another
intimate partner. Domestic violence can include physical,
sexual, emotional, economic, or psychological actions or
threats of actions that influence another person. Domestic
violence includes any behaviors that intimidate, manipulate,
humiliate, isolate, frighten, terrorize, coerce, threaten,
blame, hurt, injure, or wound an individual.
(4) Homicide is one of the leading causes of death for
women on the job. Domestic partners or relatives commit 43
percent of workplace homicides against women. One study found
that intimate partner violence resulted in 142 homicides among
women at work in the United States from 2003 to 2008, a figure
which represents 22 percent of the 648 workplace homicides
among women during the period. In fact, in 2010, homicides
against women at work increased by 13 percent despite
continuous declines in overall workplace homicides in recent
years.
(5) Women in the United States are 28 times more likely to
be murdered with guns than women in other high-income
countries. Female intimate partners are more likely to be
murdered with a firearm than all other means combined. The
presence of a gun in domestic violence situations increases the
risk of homicide for women by 500 percent.
(6) Violence can have a dramatic impact on the survivor of
such violence. Studies indicate that 44 percent of surveyed
employed adults experienced the effect of domestic violence in
the workplace, domestic violence victims report that they lost
a job, and 1 in 3 domestic violence victims report that they
lost a job due to domestic violence. Another recent survey
found that 78 percent of offenders used workplace resources to
express anger, check up on, pressure, or threaten a survivor of
sexual assault, whether occurring in or out of the workplace,
can impair an employee's work performance, require time away
from work, and undermine the employee's ability to maintain a
job. Nearly 50 percent of sexual assault survivors lose their
jobs or are forced to quit in the aftermath of the assaults.
(7) In a study commission by the Office on Violence Against
Women of the Department of Justice, 66 percent of respondents
said an abusive partner had disrupted their ability to complete
education or training through tactics such as not allowing them
access to money to pay for school, socially isolating the
survivor, controlling or monitoring their mobility, using
physical or sexual violence, and damaging or destroying
personal property.
(8) Significant barriers survivors confront include
housing, transportation, and child care. Ninety-two percent of
homeless women have experienced domestic violence, and more
than 50 percent cite domestic violence as the direct cause for
homelessness. Survivors are deprived of their autonomy,
liberty, and security, and face tremendous threats to their
health and safety.
(9) The National Institutes of Health report that survivors
of severe intimate partner violence lose nearly 8,000,000 days
of paid work, which is the equivalent of more than 32,000 full-
time jobs and almost 5,600,000 days of household productivity
each year. Therefore, women disproportionately need time off to
care for their health or to find safety solutions, such as
obtaining a restraining order or finding housing, to avoid or
prevent further violence.
(10) Annual costs of intimate partner violence are
estimated over $8,300,000,000. According to the Centers for
Disease Control and Prevention, the costs of intimate partner
violence against women in 1995 exceeded an estimated
$5,800,000,000. These costs included nearly $4,100,000,000 in
the direct costs of medical and mental health care and nearly
$1,800,000,000 in the indirect costs of lost productivity.
These statistics are generally considered to be underestimated
because the costs associated with the criminal justice system
are not included.
(11) Studies estimate that work days lost due to intimate
partner violence, sexual violence, or stalking over victims'
lifetimes are worth an estimated $137,800,000,000 (calculated
using 2022 dollars). According to the Bureau of Justice
Statistics, about 3,400,000 of all persons age 16 or older were
victims of stalking in 2019. Moreover, 17 percent of stalking
victims describe losing a job or job opportunities, 1 in 8
employed stalking victims lose time from work as a result of
their victimization, and more than half lose 5 days of work or
more.
(12) Fifty-five percent of senior executives recently
surveyed said domestic violence has a harmful effect on their
company's productivity. Seventy-eight percent of human
resources professionals consider partner violence a workplace
issue. However, more than 70 percent of United States
workplaces have no formal program or policy that addresses
workplace violence, let alone domestic violence. In fact, only
20 percent of employers provided training on domestic violence.
(13) Studies indicate that one of the best predictors of
whether a survivor will be able to stay away from his or her
abuser is the degree of his or her economic independence.
However, domestic violence, dating violence, sexual assault,
and stalking often negatively impact a survivor's ability to
maintain employment.
(14) Abusers frequently seek to exert financial control
over their partners by actively interfering with their ability
to work, including preventing their partners from going to
work, harassing their partners at work, limiting their
partners' access to cash or transportation, and sabotaging
their partners' child care arrangements.
(15) Economic abuse refers to behaviors that control an
intimate partner's ability to acquire, use, and maintain access
to, money, credit, ownership of assets, or access to
governmental or private financial benefits, including
defaulting on joint obligations (e.g. school loans, credit card
debt, mortgage, or rent). Other forms may include--
(A) preventing someone from attending school;
(B) threatening to or actually terminating
employment;
(C) controlling or withholding access to cash,
checking, or credit accounts; and
(D) attempts to damage or sabotage an intimate
partner's creditworthiness, including forcing a
survivor to write bad checks, taking on debt in the
survivor's name, including forcing a survivor to
default on payments related to household needs, such as
housing, or forcing a survivor into bankruptcy.
(16) Economic abuse is a significant aspect of teen dating
violence, and has harmful long-term impacts on educational
attainment, employment opportunities, and financial
independence.
(17) The Patient Protection and Affordable Care Act (Public
Law 111-148), and the amendments made by such Act, ensures that
most health plans must cover preventive services, including
screening and counseling for domestic violence, at no
additional cost. In addition, it prohibits insurance companies
from discriminating against patients for preexisting
conditions, like domestic violence.
(18) Yet, more can be done to help survivors. Federal law
in effect on the day before the date of enactment of this Act
does not explicitly--
(A) authorize survivors of domestic violence,
dating violence, sexual assault, or stalking to take
leave from work to seek legal assistance and redress,
counseling, or assistance with safety planning
activities;
(B) address the eligibility of survivors of
domestic violence, dating violence, sexual assault,
stalking, sexual harassment, family violence, gender-
based violence and harassment, or trafficking for
unemployment compensation;
(C) provide job protection to survivors of domestic
violence, dating violence, sexual assault, stalking,
sexual harassment, family violence, gender-based
violence and harassment, or trafficking;
(D) prohibit insurers and employers who self-insure
employee benefits from discriminating against survivors
of domestic violence, dating violence, sexual assault,
stalking, sexual harassment, family violence, gender-
based violence and harassment, or trafficking, and
those who help them in determining eligibility, rates
charged, and standards for payment of claims; or
(E) prohibit insurers from disclosing information
about abuse and the location of the survivors through
insurance databases and other means.
(19) October is National Domestic Violence Awareness Month.
(20) This Act aims to empower survivors of domestic
violence, dating violence, sexual assault, or stalking to be
free from violence, hardship, and control, which restrains
basic human rights to freedom and safety in the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Communication of an intimate visual depiction.--
(A) In general.--The term ``communication of an
intimate visual depiction'', when used with respect to
an individual, includes a transmission, dissemination,
or receipt through electronic or other communication
containing at least 1 intimate visual depiction of the
individual without the individual's consent.
(B) Definitions.--In this paragraph:
(i) Intimate visual depiction.--The term
``intimate visual depiction'' means any--
(I) photograph, motion picture
film, videotape, digital image, image
from social media, or any other
recording or other image of an
individual (other than the person
taking the image), which individual is
identifiable from the image itself or
from information displayed with or
otherwise connected to the image, that
depicts--
(aa) sexual activity,
including sexual intercourse or
masturbation; or
(bb) an individual's
intimate body parts, whether
nude or visible through less
than opaque clothing; or
(II) deepfake of the individual
used to realistically depict the
individual such that a reasonable
person would believe the individual is
actually depicted, that depicts--
(aa) sexual activity,
including sexual intercourse or
masturbation; or
(bb) an individual's
intimate body parts, whether
nude or visible through less
than opaque clothing.
(ii) Consent.--The term ``consent'' means
an affirmative, conscious, and voluntary
authorization made by an individual free from
force, fraud, duress, misrepresentation, or
coercion.
(iii) Deepfake.--The term ``deepfake''
means a video or image that is generated or
substantially modified using machine-learning
techniques or any other computer-generated or
machine-generated means to falsely depict an
individual's appearance or conduct.
(2) Dating violence; sexual assault; stalking.--The terms
``dating violence'', ``sexual assault'', and ``stalking'' have
the meanings given the terms in section 40002 of the Violence
Against Women Act of 1994 (34 U.S.C. 12291).
(3) Domestic partner.--
(A) In general.--The term ``domestic partner'',
with respect to an individual, means another individual
with whom the first individual is in a committed
relationship, as defined under subparagraph (B).
(B) Committed relationship.--In this paragraph, the
term ``committed relationship'' means a relationship in
which the covered individual, and the domestic partner
of the covered individual, share responsibility for a
significant measure of each other's common welfare.
This includes any relationship between individuals of
the same or different sex that is granted legal
recognition by a State or other political subdivision
as a marriage or analogous relationship (including a
civil union).
(4) Domestic violence.--The term ``domestic violence'' has
the meaning given the term in section 40002 of the Violence
Against Women Act of 1994 (34 U.S.C. 12291), except that the
reference in such section to the term ``jurisdiction receiving
grant funding'' shall be deemed to mean the jurisdiction in
which the victim lives.
(5) Employ; state.--The terms ``employ'' and ``State'' have
the meanings given the terms in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203).
(6) Employee.--
(A) In general.--The term ``employee'' means any
individual employed by an employer. In the case of an
individual employed by a public agency, such term means
an individual employed as described in section 3(e)(2)
of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)(2)).
(B) Basis.--The term includes an individual
employed as described in subparagraph (A) on a full- or
part-time basis, for a fixed time period, on a
temporary basis, pursuant to a detail, or as a
participant in a work assignment as a condition of
receipt of Federal or State income-based public
assistance.
(7) Employer.--The term ``employer'' has the meaning given
the term in section 701(b) of the Civil Rights Act of 1964 (42
U.S.C. 2000e(b)).
(8) Employment benefits.--The term ``employment benefits''
means all benefits provided or made available to employees by
an employer, including group life insurance, health insurance,
disability insurance, sick leave, annual leave, educational
benefits, and pensions, regardless of whether such benefits are
provided by a practice or written policy of an employer or
through an employee benefit plan, as defined in section 3(3) of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(3)).
(9) Family or household member.--The term ``family or
household member'', used with respect to an individual, means
an individual who--
(A) is a son or daughter, parent, spouse, domestic
partner, or any other individual related by blood or
affinity whose close association with the individual is
the equivalent of a family relationship; and
(B) is not the abuser (as defined in section 501)
involved.
(10) Family violence.--The term ``family violence'' has the
meaning given the term in section 302 of the Family Violence
Prevention and Services Act (42 U.S.C. 10402), except that such
term shall include an action committed against that individual
by any family member or any person who resides in that
individual's household.
(11) Gender-based violence and harassment.--
(A) In general.--The term ``gender-based violence
and harassment'' means violence and harassment directed
at an individual because of their sex or gender, or
affecting individuals of a particular sex or gender
disproportionately, and includes sexual harassment.
(B) Violence and harassment.--In this paragraph,
the term ``violence and harassment'' means a range of
unacceptable behaviors and practices, or threats
thereof, whether a single occurrence or repeated, that
aim at, result in, or are likely to result in physical,
psychological, sexual, economic, or technological harm,
and includes sexual harassment.
(12) Person.--The term ``person'' has the meaning given the
term in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
(13) Public agency.--The term ``public agency'' has the
meaning given the term in section 3 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 203).
(14) Public assistance.--The term ``public assistance''
includes cash, benefits issued under a supplemental nutrition
assistance program under section 4 of the Food and Nutrition
Act of 2008 (7 U.S.C. 2013), medical assistance, housing
assistance, and other benefits provided on the basis of income
by a public agency.
(15) Qualifying act of violence.--The term ``qualifying act
of violence'' means an act, conduct, or pattern of conduct that
is or could constitute any of the following:
(A) Domestic violence.
(B) Family violence.
(C) Sexual assault.
(D) Sexual harassment.
(E) Stalking.
(F) Dating violence.
(G) Trafficking.
(H) Communication of an intimate visual depiction.
(I) Other forms of gender-based violence or
harassment.
(J) An act, conduct, or pattern of conduct--
(i) in which an individual causes or
threatens to cause bodily injury or death to
another individual;
(ii) in which an individual exhibits,
draws, brandishes, or uses a firearm, or other
dangerous weapon, with respect to another
individual; or
(iii) in which an individual uses, or makes
a reasonably perceived or actual threat to use
force against another individual to cause
bodily injury or death.
(16) Sexual harassment.--The term ``sexual harassment''
means conduct that is considered to be sexual harassment under
applicable Federal, Tribal, or State law.
(17) Trafficking.--The term ``trafficking'' means an act or
threat of an act that may constitute sex trafficking or human
trafficking, as prescribed by Federal, Tribal, or State law.
(18) Victim of a qualifying act of violence.--The term
``victim of a qualifying act of violence'' includes--
(A) an individual who has experienced or is
experiencing a qualifying act of violence; and
(B) an individual whose family or household member
has experienced or is experiencing a qualifying act of
violence.
(19) Victim services organization.--The term ``victim
services organization'' means an organization that provides
services to victims of a qualifying act of violence, including
telephonic or web-based hotlines, legal assistance and legal
advocacy, economic advocacy, emergency and transitional
shelter, accompaniment and advocacy through medical, civil or
criminal justice, immigration, and social support systems,
crisis intervention, short-term individual and group support
services, information and referrals, culturally specific
services, population specific services, and other related
supportive services.
SEC. 4. RULE OF CONSTRUCTION REGARDING MORE PROTECTIVE LAWS,
AGREEMENTS, PROGRAMS, AND PLANS.
Nothing in this Act, including the amendments made by this Act,
shall be construed to supersede any provision of any Federal, State, or
local law, collective bargaining agreement, or employment benefits
program or plan that provides--
(1) greater leave rights for victims of a qualifying act of
violence than the rights established under this Act; or
(2) leave benefits for a larger population of victims of a
qualifying act of violence (as defined in such law, agreement,
program, or plan) than the victims of a qualifying act of
violence covered under this Act.
SEC. 5. ARBITRATION.
(a) In General.--Notwithstanding any other provision of this Act,
no predispute arbitration agreement or predispute joint-action waiver,
as those terms are defined in section 401 of title 9, United States
Code, that relates to a claim arising out of title II, title III, or
title V, shall be valid or enforceable.
(b) Applicability.--An issue as to whether title II, title III, or
title V applies with respect to a dispute shall be determined under
Federal law. The applicability of such a title to an agreement to
arbitrate and the validity and enforceability of an agreement to which
such a title applies shall be determined by a court, rather than an
arbitrator, irrespective of whether the party resisting arbitration
challenges the arbitration agreement specifically or in conjunction
with other terms of the contract containing such agreement, and
irrespective of whether the agreement purports to delegate such
determinations to an arbitrator.
TITLE I--REAUTHORIZATION OF NATIONAL RESOURCE CENTER GRANTS ON
WORKPLACE RESPONSES TO ASSIST VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE
SEC. 101. GRANT PROGRAM REAUTHORIZATION.
(a) Information and Assistance to Victim Service Providers and
Community Organizations.--Section 41501(a) of the Violence Against
Women Act of 1994 (34 U.S.C. 12501(a)) is amended by striking the
period at the end and inserting ``, and to victim services
organizations (as defined in section 3 of the SAFE for Survivors Act of
2024) (including community based organizations) and Tribal, State, and
territorial domestic violence or sexual assault coalitions to enable
the organizations and coalitions to provide resource materials or other
assistance to employers, labor organizations, or employees.''.
(b) Administrative Provisions.--Section 41501 of the Violence
Against Women Act of 1994 (34 U.S.C. 12501) is amended by adding at the
end the following:
``(h) Administrative Costs.--
``(1) In general.--From the amount appropriated pursuant to
subsection (f) for each fiscal year, the Attorney General shall
not use more than 2.5 percent for the administration and
monitoring of grants made available under this section.
``(2) Evaluations.--From the amount appropriated pursuant
to subsection (f) for each fiscal year, the Director of the
Office on Violence Against Women shall not use more than 5
percent to award contracts or cooperative agreements to
entities with demonstrated expertise in program evaluation to
evaluate programs under this section.''.
TITLE II--SAFE LEAVE FOR ADDRESSING QUALIFYING ACTS OF VIOLENCE
SEC. 201. ENTITLEMENT TO SAFE LEAVE FOR ADDRESSING DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING.
(a) Safe Leave Generally.--An employer shall provide each employee
employed by the employer not less than 40 work days of leave in a 12-
month period to be used as described in subsection (d) (referred to in
this title as ``safe leave''), of which not fewer than 10 workdays (of
the employee's choice) shall be paid. The remaining days of safe leave
may be unpaid leave, except that the employee may elect to substitute
the leave under section 204. An employee may take not more than a total
of 40 work days of paid or unpaid safe leave in a 12-month period under
this section (which may be taken intermittently or on a reduced leave
schedule), in addition to any leave taken under title I of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.) or subchapter V
of chapter 63 of title 5, United States Code.
(b) Construction.--Nothing in this section shall be construed as
requiring financial or other reimbursement to an employee from an
employer upon the employee's termination, resignation, retirement, or
other separation from employment for earned paid safe leave that has
not been used.
(c) Reinstatement.--If an employee is separated from employment
with an employer and is rehired, within 12 months after that
separation, by the same employer, the employer shall (in addition to
providing unpaid safe leave in accordance with subsection (a))
reinstate the employee's previously earned paid safe leave. The
employee shall be entitled to use the earned paid safe leave and earn
additional paid safe leave at the recommencement of employment with the
employer.
(d) Uses.--Safe leave earned under this section may be used by an
employee for an absence resulting from a qualifying act of violence if
the time is for the employee or employee's family or household member
to--
(1) seek, receive, or secure counseling;
(2) seek or secure temporary or permanent relocation or
take steps to secure an existing home;
(3) seek, receive, or follow up on assistance from an
organization or agency providing services to victims;
(4) seek legal assistance or attend legal proceedings,
including preparation for or participation in any related
administrative, civil, or criminal legal proceeding or other
related activities;
(5) seek medical attention for physical or psychological
injury or disability caused or aggravated by a qualifying act
of violence;
(6) attend or make arrangements for the funeral or
alternative to a funeral or wake of a victim of a qualifying
act of violence who died as a result of a qualifying act of
violence or grieve the death of a victim who died as a result
of a qualifying act of violence;
(7) obtain or provide childcare or adult dependent care
necessary as a result of a qualifying act of violence;
(8) enroll a child in a new school or make a care
arrangement;
(9) access financial services or meet with a financial
professional to address financial issues resulting from the
qualifying act of violence;
(10) enroll, renew, or otherwise obtain benefits or public
assistance or other services;
(11) access accessibility accommodations, including
retrofitting home or vehicle or securing or being fitted for
accessibility equipment; or
(12) take any other steps necessary to protect or restore
their physical, mental, emotional, and economic well-being or
the well-being of a family member recovering from covered acts.
(e) Procedures.--
(1) Request.--Safe leave shall be provided upon the oral or
written request of an employee. Such request shall--
(A) include the expected duration of the period of
such leave; and
(B) be provided as soon as practicable after the
employee is aware of the need for such period.
(2) Certification.--
(A) In general.--If the period in question covers
more than 3 workdays, an employer may require that a
request for safe leave under this section for a purpose
described in subsection (d) be supported--
(i) by any form of certification, as
determined by the employee, consisting of--
(I) a sworn statement of the
employee or the family or household
member, or another person with
knowledge of the situation, as the case
may be;
(II) documentation from an employee
or volunteer working for a victim
services organization, an attorney, a
police officer, a medical professional,
a social worker, an antiviolence
counselor, a member of the clergy, or
another professional, affirming that
the employee or a family or household
member of the employee is a victim of a
qualifying act of violence;
(III) a police or court record
indicating that the employee, or a
family or household member of the
employee, was a victim of a qualifying
act of violence;
(IV) a court order protecting or
separating the employee or a family or
household member of the employee from
the perpetrator of a qualifying act of
violence or other evidence from the
court or prosecuting attorney that the
employee or family or household member
has appeared in court or is scheduled
to appear in court in a proceeding
related to a qualifying act of
violence; or
(V) other corroborating evidence
concerning the employee or family or
household member; and
(ii) if the victim is the employee's family
or household member, in order to verify the
employee's relationship with the victim, by
information that may include a sworn statement
of the employee, a birth certificate, a court
document, or other corroborating evidence.
(B) Survivor information protections.--
(i) In general.--The facts to be disclosed
in any certification shall be limited to the
minimum necessary to verify a need for the
employee to be absent from work in connection
with a qualifying act of violence, and the
employee shall not be required to explain the
details of the qualifying act of violence or
how leave will be used.
(ii) Limitation on information
requirements.--An employer may not require an
employee, in order to obtain leave under this
section, to produce, discuss with the employer,
or provide--
(I) any additional information,
beyond the information enumerated in
this subsection that establishes that
the employee is eligible for leave
under this section; or
(II) any information that would
compromise the safety of the employee
or family or household member in any
way.
(C) Timeliness.--The employee shall provide a copy
of such certification to the employer in a timely
manner, and not later than 30 days after the first day
of the period of leave, to the extent practicable. The
employer shall not delay the commencement of the period
of leave on the basis that the employer has not yet
received the certification.
(3) Prohibition.--An employer may not require, as a
condition of providing safe leave under this title, that the
employee involved search for or find a replacement employee to
cover the hours during which the employee is using safe leave.
(f) Confidentiality; Nondisclosure for Victims.--
(1) Confidentiality.--All information provided to the
employer pursuant to subsection (e), and the fact that the
employee or family or household member is a victim of a
qualifying act of violence, and the employee has requested or
obtained safe leave pursuant to this section, shall be retained
in the strictest confidence by the employer, except to the
extent that disclosure is--
(A) requested or consented to by the employee in
writing; or
(B) otherwise required by applicable Federal or
State law.
(2) Confidential communications.--The provision of any
information under this section does not waive or diminish the
confidential or privileged nature of communications between a
victim of a qualifying act of violence with one or more of the
individuals or entities providing information under subclause
(II), (III), (IV), or (V) of clause (i), or clause (ii), of
subsection (e)(2)(A).
(3) Nondisclosure.--If an employer possesses health
information about an employee or an employee's family or
household member in connection with a certification under this
section, such information shall--
(A) be maintained on a separate form and in a
separate file from other personnel information;
(B) be treated as a confidential medical record;
and
(C) not be disclosed except to the affected
employee or with the written permission of the affected
employee.
(g) Employment and Benefits.--
(1) Restoration to position.--
(A) In general.--Except as provided in paragraph
(2), any employee who takes leave under this section
for the intended purpose of the leave shall be
entitled, on return from such leave--
(i) to be restored by the employer to the
position of employment held by the employee
when the leave commenced; or
(ii) to be restored to an equivalent
position with equivalent employment benefits,
pay, and other terms and conditions of
employment.
(B) Loss of benefits.--The taking of leave under
this section shall not result in the loss of any
employment benefit accrued prior to the date on which
the leave commenced.
(C) Limitations.--Nothing in this subsection shall
be construed to entitle any restored employee to any
accrual, right, benefit, or position described in
section 104(a)(3) of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2614(a)(3)).
(D) Construction.--Nothing in this paragraph shall
be construed to prohibit an employer from requiring an
employee on leave under this section to report
periodically to the employer on the status and
intention of the employee to return to work.
(2) Maintenance of health benefits.--During any period that
an employee takes leave under this section, the employer shall
maintain coverage under any group health plan (meaning a group
health plan as defined in section 5000(b)(1) of the Internal
Revenue Code of 1986 or an employee welfare benefit plan as
defined in section 3(1) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002(1))) for the duration of
such leave at the level and under the conditions coverage would
have been provided if the employee had continued in employment
continuously for the duration of such leave.
SEC. 202. PROHIBITED ACTS.
(a) Interference With Rights.--
(1) In general.--It shall be unlawful for any person to
interfere with, restrain, deny, or retaliate against an
individual because of the exercise of, or the attempt to
exercise, any right provided under section 201, including
through--
(A) discharging or in any other manner
discriminating against (including retaliating against)
an individual because the individual has requested,
indicated an intent to request, or taken safe leave; or
(B) using the request for or use of such leave as a
negative factor in an employment action.
(2) Rebuttable presumption of retaliation.--Any adverse
action (including any action described in paragraph (1)) taken
against an employee in the 12 month period after an employee
takes any leave for which the employee is eligible shall
establish a rebuttal presumption that the action of the
employer is retaliating against such employee in violation of
paragraph (1).
(3) Discrimination.--It shall be unlawful for any employer
to discharge or in any other manner discriminate against any
individual for opposing any practice made unlawful by section
201.
(b) Interference With Proceedings or Inquiries.--It shall be
unlawful for any person to discharge or in any other manner
discriminate against any individual because such individual--
(1) has filed any charge, or has instituted or caused to be
instituted any proceeding, under or related to section 201;
(2) has given, or is about to give, any information in
connection with any inquiry or proceeding relating to any right
provided under section 201; or
(3) has testified, or is about to testify, in any inquiry
or proceeding relating to any right provided under section 201.
SEC. 203. ENFORCEMENT.
(a) Civil Action by Affected Individuals.--
(1) Liability.--Any employer that violates section 201 or
202 shall be liable to any individual affected--
(A) for damages equal to--
(i) the greater of, $1,000 or the amount
of--
(I) any wages, salary, employment
benefits, or other compensation denied
or lost to such individual by reason of
the violation; or
(II) in a case in which wages,
salary, employment benefits, or other
compensation has not been denied or
lost to the individual, any actual
monetary losses sustained by the
individual as a direct result of the
violation;
(ii) the interest on the amount described
in clause (i) calculated at the prevailing
rate; and
(iii) an additional amount as liquidated
damages equal to the sum of the amount
described in clause (i) and the interest
described in clause (ii), except that if an
employer that has violated section 201 or 202
proves to the satisfaction of the court that
the act or omission that violated section 201
or 202 was in good faith and that the employer
had reasonable grounds for believing that the
act or omission was not a violation of section
201 or 202, such court may, in the discretion
of the court, reduce the amount of the
liability to the amount and interest determined
under clauses (i) and (ii), respectively; and
(B) for such equitable relief as may be
appropriate, including employment, reinstatement, and
promotion.
(2) Right of action.--An action to recover the damages or
equitable relief prescribed in paragraph (1) may be maintained
against any employer in any Federal or State court of competent
jurisdiction by any one or more affected individuals for and on
behalf of--
(A) the individuals; or
(B) the individuals and other individuals similarly
situated.
(3) Fees and costs.--The court in such an action shall, in
addition to any judgment awarded to the plaintiff, allow a
reasonable attorney's fee, reasonable expert witness fees, and
other costs of the action to be paid by the defendant.
(4) Limitations.--The right provided by paragraph (2) to
bring an action by or on behalf of any affected individual
shall terminate--
(A) on the filing of a complaint by the Secretary
of Labor in an action under subsection (b) in which
restraint is sought of any further delay in the payment
of the amount described in paragraph (1)(A) to such
individual by an employer responsible under paragraph
(1) for the payment; or
(B) on the filing of a complaint by the Secretary
of Labor in an action under subsection (b) in which a
recovery is sought of the damages described in
paragraph (1)(A) owing to an affected individual by an
employer liable under paragraph (1),
unless the action described in subparagraph (A) or (B) is
dismissed without prejudice on motion of the Secretary of
Labor.
(b) Action by the Secretary of Labor.--
(1) Administrative action.--The Secretary of Labor shall
receive, investigate, and attempt to resolve complaints of
violations of section 201 and 202 in the same manner as the
Secretary of Labor receives, investigates, and attempts to
resolve complaints of violations of sections 6 and 7 of the
Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207).
(2) Civil action.--The Secretary of Labor may bring an
action in any court of competent jurisdiction to recover the
damages described in subsection (a)(1)(A).
(3) Sums recovered.--Any sums recovered by the Secretary of
Labor pursuant to paragraph (2) shall be held in a special
deposit account and shall be paid, on order of the Secretary,
directly to each individual affected. Any such sums not paid to
such an individual because of inability to do so within a
period of 3 years shall be deposited into the Treasury of the
United States as miscellaneous receipts.
(4) Civil monetary penalties.--In addition to the penalties
payable to an affected individual under this subsection, any
employer that violates section 201 or 202 shall be subject to a
penalty payable to the Secretary of Labor of $1,000 per
violation for each individual affected.
(c) Limitation.--
(1) In general.--Except as provided in paragraph (2), an
action may be brought under this subsection not later than 2
years after the date of the last event constituting the alleged
violation for which the action is brought.
(2) Willful violation.--In the case of such action brought
for a willful violation of section 202, such action may be
brought within 3 years after the date of the last event
constituting the alleged violation for which such action is
brought.
(3) Commencement.--In determining when an action is
commenced by the Secretary of Labor under this section for the
purposes of this subsection, it shall be considered to be
commenced on the date when the complaint is filed.
(d) Action for Injunction by Secretary of Labor.--The district
courts of the United States shall have jurisdiction, for cause shown,
in an action brought by the Secretary of Labor--
(1) to restrain violations of section 201 or 202, including
the restraint of any withholding of payment of wages, salary,
employment benefits, or other compensation, plus interest,
found by the court to be due to affected individuals; or
(2) to award such other equitable relief as may be
appropriate, including employment, reinstatement, and
promotion.
(e) Solicitor of Labor.--The Solicitor of Labor may appear for and
represent the Secretary of Labor on any litigation brought under this
section.
(f) Employer Liability Under Other Laws.--Nothing in this section
shall be construed to limit the liability of an employer to an
individual, for harm suffered relating to the individual's experience
of a qualifying act of violence, pursuant to any other Federal or State
law, including a law providing for a legal remedy.
(g) Other Administrative Officers.--
(1) Board.--In the case of a covered employee, as defined
in section 101 of the Congressional Accountability Act of 1995
(2 U.S.C. 1301), other than an applicant for employment, the
authority of the Secretary of Labor under this title shall be
exercised by the Board of Directors of the Office of
Congressional Workplace Rights.
(2) President; merit systems protection board.--In the case
of a covered employee, as defined in section 411(c) of title 3,
United States Code, the authority of the Secretary of Labor
under this title shall be exercised by the President and the
Merit Systems Protection Board.
(3) Office of personnel management.--In the case of a
Federal officer or employee covered under subchapter V of
chapter 63 of title 5, United States Code, the authority of the
Secretary of Labor under this title shall be exercised by the
Office of Personnel Management.
(4) Librarian of congress.--In the case of employees of the
Library of Congress, the authority of the Secretary of Labor
under this title shall be exercised by the Librarian of
Congress.
(5) Comptroller general.--In the case of employees of the
Government Accountability Office, the authority of the
Secretary of Labor under this title shall be exercised by the
Comptroller General of the United States.
SEC. 204. EXISTING LEAVE USABLE FOR A QUALIFYING ACT OF VIOLENCE.
An employee who is entitled to take paid or unpaid leave (including
family, medical, sick, annual, personal, or similar leave) from
employment, pursuant to Federal law (including the Family and Medical
Leave Act of 1993 (29 U.S.C. 2611 et seq.) or subchapter V of chapter
63 of title 5, United States Code), State law, local law, a collective
bargaining agreement, or an employment benefits program or plan, may
elect to substitute any period of such leave for an equivalent period
of leave provided under section 201.
SEC. 205. EMERGENCY BENEFITS.
(a) In General.--A State may use funds provided to the State under
part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)
to provide nonrecurrent short-term emergency benefits to an individual
for any period of leave the individual takes pursuant to section 201 of
this Act.
(b) Eligibility.--
(1) In general.--An individual who is eligible for
assistance under the State program funded under that part and
for leave under section 201 shall be eligible for such
emergency benefits, except as provided in paragraph (2).
(2) Calculation.--In calculating eligibility for such
emergency benefits, the State shall count only the cash
available or accessible to the individual.
(c) Timing.--
(1) Applications.--An individual seeking emergency benefits
under subsection (a) from a State shall submit an application
to the State.
(2) Benefits.--The State shall provide benefits to an
eligible applicant under paragraph (1) on an expedited basis,
and not later than seven days after the applicant submits an
application under paragraph (1).
SEC. 206. REGULATIONS.
(a) In General.--
(1) Authority to issue regulations.--Except as provided in
subsection (b), the Secretary of Labor shall issue regulations
to carry out this title.
(2) Regulations regarding notices.--The regulations
described in paragraph (1) shall include regulations requiring
every employer to post and keep posted, in conspicuous places
on the premises of the employer where notices to employees are
customarily placed, a notice, to be prepared or approved by the
Secretary of Labor, summarizing the provisions of this title
and providing information on procedures for filing complaints.
The Secretary of Labor shall develop such a notice and provide
copies to employers upon request without charge.
(b) Other Administrative Officers.--The authorities described in
section 203(g) shall apply with respect to promulgating regulations to
carry out this Act for the respective employees of each administrative
officer described in such subsection. The regulations prescribed under
this subsection shall, to the extent appropriate, be consistent with
the regulations prescribed by the Secretary of Labor under subsection
(a).
TITLE III--SURVIVORS' EMPLOYMENT SUSTAINABILITY
SEC. 301. SHORT TITLE.
This title may be cited as the ``Survivors' Employment
Sustainability Act''.
SEC. 302. DEFINITIONS.
In this title:
(1) Board.--The term ``board'' has the meaning given the
term in section 101 of the Congressional Accountability Act of
1995 (2 U.S.C. 1301).
(2) Commission.--The term ``commission'' means the Equal
Employment Opportunity Commission.
(3) Covered family or household member.--The term ``covered
family or household member'' means a family or household member
who has experienced or is experiencing a qualifying act of
violence.
(4) Discriminate.--The term ``discriminate''--
(A) used with respect to an employer and the terms,
conditions, or privileges of employment, includes--
(i) failing to implement, on request from
an individual, in response to an actual or
threatened qualifying act of violence, a
reasonable safety procedure or job-related
modification to enhance the security of that
individual or safeguard the workplace involved
(such as installation of a lock, change of a
telephone number or seating assignment,
provision of a transfer, provision of leave,
modification of a schedule, or adjustment of a
work requirement), unless the employer can
demonstrate that granting the request would
impose an undue hardship on the operation of
the business of the employer; and
(ii) harassment or retaliation described in
section 303(a); and
(B) used with respect to a public agency and the
amount, terms, or conditions of public assistance,
includes--
(i) failing to implement, on request from
an individual, in response to an actual or
threatened qualifying act of violence, a
reasonable safety procedure, unless the public
agency can demonstrate that granting the
request would impose an undue hardship on the
operation of the public agency; and
(ii) harassment or retaliation described in
section 303(b).
(5) Employee.--The term ``employee'' means--
(A) an employee (including an applicant), as
defined in section 701(f) of the Civil Rights Act of
1964 (42 U.S.C. 2000e(f));
(B) a covered employee (including an applicant), as
defined in section 101 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1301), and an
individual described in section 201(d) of that Act (2
U.S.C. 1311(d));
(C) a covered employee (including an applicant), as
defined in section 411(c) of title 3, United States
Code;
(D) a State employee (including an applicant)
described in section 304(a) of the Government Employee
Rights Act of 1991 (42 U.S.C. 2000e-16c(a)); and
(E) an employee (including an applicant) to which
section 717(a) of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16(a)) applies.
(6) Employer.--The term ``employer'' means--
(A) an employer, as defined in section 701(b) of
the Civil Rights Act of 1964 (42 U.S.C. 2000e(b));
(B) an employing office, as defined in section 101
of the Congressional Accountability Act of 1995 (2
U.S.C. 1301);
(C) an employing office, as defined in section
411(c) of title 3, United States Code;
(D) an entity employing a State employee described
in section 304(a) of the Government Employee Rights Act
of 1991 (42 U.S.C. 2000e-16c(a)); and
(E) an entity to which section 717(a) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-16(a)) applies.
(7) Qualified employee.--The term ``qualified employee''
means an employee who is a qualified individual, as defined in
section 101 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12111).
(8) Reasonable accommodation.--
(A) In general.--Subject to subparagraph (C), the
term ``reasonable accommodation'' means a reasonable
job-related modification or safety procedure, made to
address the impacts of a qualifying act of violence or
enhance the security of a qualified employee who is the
victim of the qualifying act of violence.
(B) Included accommodations.--Subject to
subparagraph (C), the term ``reasonable accommodation''
includes an accommodation, made as described in
subparagraph (A), that is--
(i) any change or adjustment to a job or
work environment that permits such an employee
to participate in the job application process,
to perform the essential functions of a job, or
to enjoy the benefits and privileges of
employment;
(ii) a transfer, reassignment, or other
change in the work location;
(iii) a modified or flexible work schedule;
(iv) a change to work contact information,
including a name change or limit on
dissemination of contact information;
(v) a change to a workstation or seating
assignment;
(vi) implementation of a confidentiality
measure, including removal of references to the
employee from the employer's website;
(vii) implementation of an enhanced safety
protocol including providing access to a
parking space close to the worksite or
installation of a lock or other security
device;
(viii) assistance in documenting qualifying
acts of violence that occur in the workplace or
in a work-related setting;
(ix) implementation of a safety procedure;
(x) provision of leave or time off;
(xi) restructuring of the job functions of
the employee; or
(xii) any other adjustment to a job
structure, workplace facility, or work
requirement in response to the qualifying act
of violence.
(C) Exclusion.--The term ``reasonable
accommodation'' does not include an accommodation if
the employer involved can demonstrate that the
accommodation would impose an undue hardship on the
operation of the business of an employer.
(9) Undue hardship.--The term ``undue hardship'' has the
meaning give the term in section 101 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12111).
SEC. 303. PROHIBITED DISCRIMINATORY ACTS.
(a) Discrimination by Employers.--It shall be an unlawful practice
for an employer to fail or refuse to hire or discharge any individual,
or otherwise to discriminate (including harassment or retaliation in
any form or manner) against any individual with respect to the
compensation, terms, conditions, or privileges of employment of the
individual, because--
(1) the individual is, or the employer perceives that
individual to be, a victim of a qualifying act of violence;
(2) that individual attended, participated in, prepared
for, or requested leave related to an event that resulted in
the individual becoming a victim of a qualifying act of
violence;
(3) that individual, in response to an actual or threatened
qualifying act of violence, requested a reasonable
accommodation; or
(4) the workplace is disrupted or threatened by the action
of a person whom that individual states has committed or
threatened to commit a qualifying act of violence.
(b) Discrimination by Public Agencies.--It shall be an unlawful
practice for a public agency to deny, reduce, or terminate the benefits
of, or otherwise sanction any individual, or otherwise discriminate
(including harassment or retaliation in any form or manner) against any
individual with respect to the amount, terms, or conditions of public
assistance of the individual, because--
(1) the individual is, or the public agency involved
perceives that individual to be, a victim of a qualifying act
of violence; or
(2) that individual attended, participated in, or prepared
for, an event that resulted in the individual becoming a victim
of a qualifying act of violence.
(c) Failure To Provide Accommodation.--
(1) In general.--It shall be an unlawful practice for an
employer to--
(A) fail to make a reasonable accommodation for a
qualified employee who is a victim of a qualifying act
of violence and whose status as such a victim is known
or should have been known to the employer, to address
the impacts of the violence or enhance the security of
the victim involved;
(B) refuse or otherwise fail to engage in an
interactive process within a reasonable time with a
qualified employee described in subparagraph (A), who
has requested a reasonable accommodation under this
subsection;
(C) require a qualified employee described in
subparagraph (A) to accept an accommodation other than
a reasonable accommodation arrived at through the
interactive process;
(D) require a qualified employee described in
subparagraph (A) to take leave; and
(E) take adverse action relating to a term,
condition, or privilege of employment against a
qualified employee on account of the qualified employee
requesting or using a reasonable accommodation.
(2) Presumption.--If an employer takes any adverse action
(including any action described in paragraph (1)(E)) against a
qualified employee within 12 months after the employee uses any
leave to which the individual was entitled under paragraph (1),
there shall be a rebuttable presumption that the practice of
the employer is adverse action against such employee in
violation of paragraph (1)(E).
(3) Documentation.--An employer required under this
subsection to make a reasonable accommodation may require a
qualified employee requesting a reasonable accommodation
pursuant to this subsection to provide certification that the
person is a victim of a qualifying act of violence. The person
requesting a reasonable accommodation pursuant to this
subsection shall provide a copy of such certification to the
employer within a reasonable period after the request is made.
An employer may not require a specific form of certification
and a qualified employee may satisfy the requirements of this
subsection by submitting any of the following forms of
certification:
(A) Sworn statement of the qualified employee, the
qualified employee's family member, or another person
with knowledge of the qualifying act of violence.
(B) Documentation from a survivor services
organization, an attorney, law enforcement personnel, a
medical professional, a social worker, an antiviolence
counselor, a cultural or religious provider, or another
professional who assisted the qualified employee in
addressing the qualifying act of violence, affirming
that the qualified employee is a victim of a qualifying
act of violence.
(C) A police or court record demonstrating that the
qualified employee is a victim of a qualifying act of
violence.
(D) Other corroborating evidence concerning the
qualified employee demonstrating the qualified
employee's status as a victim of a qualifying act of
violence.
(d) Confidentiality; Nondisclosure for Victims.--
(1) Confidentiality.--All information provided to the
employer pursuant to subsection (a) or (c), and the fact that
the employee is a victim of a qualifying act of violence (or
that the employee's covered family or household member is such
a victim), and that the employee has requested or obtained
leave or a reasonable accommodation pursuant to this section,
shall be retained in the strictest confidence by the employer,
except to the extent that disclosure is--
(A) requested or consented to by the employee in
writing; or
(B) otherwise required by applicable Federal or
State law.
(2) Confidential communications.--The provision of any
information under this section does not waive or diminish the
confidential or privileged nature of communications between a
victim of a qualifying act of violence with one or more of the
individuals or entities providing information as described in
section 201(f)(2).
(3) Nondisclosure.--If an employer possesses health
information about an employee (or an employee's covered family
or household member) in connection with a request or
determination made under this section, such information shall--
(A) be maintained on a separate form and in a
separate file from other personnel information;
(B) be treated as a confidential medical record;
and
(C) not be disclosed except to the affected
employee or with the written permission of the affected
employee.
SEC. 304. REMEDIES AND ENFORCEMENT.
(a) Employment Discrimination.--
(1) Employees covered by title vii of the civil rights act
of 1964.--
(A) In general.--The powers, remedies, and
procedures provided in sections 705, 706, 707, 709,
710, and 711 of the Civil Rights Act of 1964 (42 U.S.C.
2000e-4 et seq.) to the Commission, the Attorney
General, or any person alleging a violation of title
VII of such Act (42 U.S.C. 2000e et seq.) shall be the
powers, remedies, and procedures this Act provides to
the Commission, the Attorney General, or any person,
respectively, alleging an unlawful practice in
violation of subsection (a) or (c) of section 303
against an employee described in section 302(5)(A)
except as provided in subparagraphs (B) and (C) of this
paragraph.
(B) Costs and fees.--The powers, remedies, and
procedures provided in subsections (b) and (c) of
section 722 of the Revised Statutes (42 U.S.C. 1988)
shall be the powers, remedies, and procedures this Act
provides to the Commission, the Attorney General, or
any person alleging such practice.
(C) Damages.--The powers, remedies, and procedures
provided in section 1977A of the Revised Statutes (42
U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the
powers, remedies, and procedures this Act provides to
the Commission, the Attorney General, or any person
alleging such practice (not an employment practice
specifically excluded from coverage under section
1977A(a)(1) of the Revised Statutes (42 U.S.C.
1981a(a)(1))).
(2) Employees covered by congressional accountability act
of 1995.--
(A) In general.--The powers, remedies, and
procedures provided in the Congressional Accountability
Act of 1995 (2 U.S.C. 1301 et seq.) for the purposes of
addressing allegations of violations of section
201(a)(1) of such Act (2 U.S.C. 1311(a)(1)) shall be
the powers, remedies, and procedures this Act provides
to address an allegation of an unlawful practice in
violation of subsection (a) or (c) of section 303
against an employee described in section 302(5)(B),
except as provided in subparagraphs (B) and (C) of this
paragraph.
(B) Costs and fees.--The powers, remedies, and
procedures provided in subsections (b) and (c) of
section 722 of the Revised Statutes (42 U.S.C. 1988)
for the purposes of addressing allegations of such a
violation shall be the powers, remedies, and procedures
this Act provides to address allegations of such
practice.
(C) Damages.--The powers, remedies, and procedures
provided in section 1977A of the Revised Statutes (42
U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, for purposes
of addressing allegations of such a violation, shall be
the powers, remedies, and procedures this Act provides
to address any allegation of such practice (not an
employment practice specifically excluded from coverage
under section 1977A(a)(1) of the Revised Statutes (42
U.S.C. 1981a(a)(1))).
(3) Employees covered by chapter 5 of title 3, united
states code.--
(A) In general.--The powers, remedies, and
procedures provided in chapter 5 of title 3, United
States Code, to the President, the Commission, the
Merit Systems Protection Board, or any person alleging
a violation of section 411(a)(1) of such title shall be
the powers, remedies, and procedures this Act provides
to the President, the Commission, the Board, or any
person, respectively, alleging an unlawful practice in
violation of subsection (a) or (c) of section 303
against an employee described in section 302(5)(C),
except as provided in subparagraphs (B) and (C) of this
paragraph.
(B) Costs and fees.--The powers, remedies, and
procedures provided in subsections (b) and (c) of
section 722 of the Revised Statutes (42 U.S.C. 1988)
shall be the powers, remedies, and procedures this Act
provides to the President, the Commission, the Board,
or any person alleging such practice.
(C) Damages.--The powers, remedies, and procedures
provided in section 1977A of the Revised Statutes (42
U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the
powers, remedies, and procedures this Act provides to
the President, the Commission, the Board, or any person
alleging such practice (not an employment practice
specifically excluded from coverage under section
1977A(a)(1) of the Revised Statutes (42 U.S.C.
1981a(a)(1))).
(4) Employees covered by government employee rights act of
1991.--
(A) In general.--The powers, remedies, and
procedures provided in sections 302 and 304 of the
Government Employee Rights Act of 1991 (42 U.S.C.
2000e-16b; 2000e-16c) to the Commission or any person
alleging a violation of section 302(a)(1) of such Act
(42 U.S.C. 2000e-16b(a)(1)) shall be the powers,
remedies, and procedures this Act provides to the
Commission or any person, respectively, alleging an
unlawful practice in violation of subsection (a) or (c)
of section 303 against an employee described in section
302(5)(D), except as provided in subparagraphs (B) and
(C) of this paragraph.
(B) Costs and fees.--The powers, remedies, and
procedures provided in subsections (b) and (c) of
section 722 of the Revised Statutes (42 U.S.C. 1988)
shall be the powers, remedies, and procedures this Act
provides to the Commission or any person alleging such
practice.
(C) Damages.--The powers, remedies, and procedures
provided in section 1977A of the Revised Statutes (42
U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the
powers, remedies, and procedures this Act provides to
the Commission or any person alleging such practice
(not an employment practice specifically excluded from
coverage under section 1977A(a)(1) of the Revised
Statutes (42 U.S.C. 1981a(a)(1))).
(5) Employees covered by section 717 of the civil rights
act of 1964.--
(A) In general.--The powers, remedies, and
procedures provided in section 717 of the Civil Rights
Act of 1964 (42 U.S.C. 2000e-16) to the Commission, the
Attorney General, the Librarian of Congress, or any
person alleging a violation of that section shall be
the powers, remedies, and procedures this Act provides
to the Commission, the Attorney General, the Librarian
of Congress, or any person, respectively, alleging an
unlawful practice in violation of subsection (a) or (c)
of section 303 against an employee described in section
302(5)(E), except as provided in subparagraphs (B) and
(C) of this paragraph.
(B) Costs and fees.--The powers, remedies, and
procedures provided in subsections (b) and (c) of
section 722 of the Revised Statutes (42 U.S.C. 1988)
shall be the powers, remedies, and procedures this Act
provides to the Commission, the Attorney General, the
Librarian of Congress, or any person alleging such
practice.
(C) Damages.--The powers, remedies, and procedures
provided in section 1977A of the Revised Statutes (42
U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the
powers, remedies, and procedures this Act provides to
the Commission, the Attorney General, the Librarian of
Congress, or any person alleging such practice (not an
employment practice specifically excluded from coverage
under section 1977A(a)(1) of the Revised Statutes (42
U.S.C. 1981a(a)(1))).
(b) Discrimination by a Public Agency.--
(1) In general.--Any public agency that violates section
303(b) shall be liable to any individual affected--
(A) for damages equal to--
(i) the value of the benefits denied or
lost to such individual by reason of the
violation, or in a case in which benefits have
not been denied or lost to the individual, any
actual monetary losses sustained by the
individual as a direct result of the violation;
and
(ii) punitive damages of not more than
$100,000; and
(B) for such equitable relief as may be
appropriate.
(2) Right of action.--An action to recover the damages or
equitable relief prescribed in paragraph (1) may be maintained
against any public agency in any Federal or State court of
competent jurisdiction by any one or more affected individuals
for and on behalf of--
(A) the individuals; or
(B) the individuals and other individuals similarly
situated.
(3) Fees and costs.--The court in such an action shall, in
addition to any judgment awarded to the plaintiff, allow a
reasonable attorney's fee, reasonable expert witness fees, and
other costs of the action to be paid by the defendant.
SEC. 305. RULEMAKING.
(a) EEOC Rulemaking.--The Commission shall issue regulations, to
carry out this title.
(b) OCWR Rulemaking.--
(1) In general.--Not later than 6 months after the
Commission issues regulations under subsection (a), the Board
shall (in accordance with section 304 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1384)), subject to
paragraph (2), issue regulations to implement the provisions of
this title made applicable to employees described in section
302(5)(B), under section 304(a)(2).
(2) Exceptions.--Section 304 of the Congressional
Accountability Act of 1995 shall be applied under paragraph (1)
by disregarding subsections (b)(4) and (c) of such section, and
the references in subsections (d) and (e) of such section to
``subsection (c)'' and ``approval''.
(3) Parallel with agency regulations.--The regulations
issued under paragraph (1) shall be the same as substantive
regulations issued by the Commission under subsection (a)
except to the extent that the Board may determine, for good
cause shown and stated together with the regulations issued
under paragraph (1) that a modification of such substantive
regulations would be more effective for the implementation of
the rights and protection under this title.
SEC. 306. ATTORNEY'S FEES.
Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is
amended by inserting ``the Survivors' Employment Sustainability Act,''
after ``title VI of the Civil Rights Act of 1964,''.
TITLE IV--ENTITLEMENT TO UNEMPLOYMENT COMPENSATION FOR VICTIMS OF A
QUALIFYING ACT OF VIOLENCE
SEC. 401. UNEMPLOYMENT COMPENSATION FOR VICTIMS OF A QUALIFYING ACT OF
VIOLENCE.
(a) In General.--Section 3304 of the Internal Revenue Code of 1986,
as previously amended by this title, is amended--
(1) in subsection (a)--
(A) in paragraph (18), by striking ``and'' at the
end;
(B) by redesignating paragraph (19) as paragraph
(20); and
(C) by inserting after paragraph (18) the following
new paragraph:
``(19) an individual shall not be denied compensation under
such State law solely on the basis of the individual having a
voluntary separation from work if such separation is
attributable to such individual being a victim of a qualifying
act of violence; and''; and
(2) by adding at the end the following new subsection:
``(g) Victims of a Qualifying Act of Violence.--
``(1) Documentation.--For purposes of subsection (a)(19), a
voluntary separation of an individual shall be considered to be
attributable to such individual being a victim of a qualifying
act of violence if such individual submits such evidence as the
State deems sufficient.
``(2) Sufficient documentation.--For purposes of paragraph
(1), a State shall deem sufficient--
``(A) evidence of such qualifying act of violence
in the form of--
``(i) a sworn statement and a form of
identification;
``(ii) a police or court record;
``(iii) documentation from a professional
from whom such individual has sought
assistance, including those associated with
medical, legal, or religious professions or a
victim services organization; or
``(iv) any other documentation determined
appropriate by the Secretary of Labor or the
State; and
``(B) an attestation that such voluntary separation
is attributable to such qualifying act of violence.
``(3) Qualifying act of violence, victim of a qualifying
act of violence, and victim services organization defined.--
``(A) In general.--Subject to subparagraph (B), in
this section, the terms `qualifying act of violence',
`victim of a qualifying act of violence', and `victim
services organization', and have the meaning given such
terms in section 3 of the SAFE for Survivors Act of
2024, except that if the corresponding paragraph for
any such term is amended after the date of enactment of
this subsection, such amendment shall not apply for the
purpose of this section until the earlier of--
``(i) the date the State changes its
statutes, regulations, or policies in order to
comply with such amendment; or
``(ii) the date that is 2 years after the
date of enactment of such amendment.
``(B) States may apply broader definition.--A State
may adopt a broader definition of any term under
subparagraph (A).''.
(b) Unemployment Compensation Personnel Training.--Section 303(a)
of the Social Security Act (42 U.S.C. 503(a)) is amended--
(1) by redesignating paragraphs (4) through (12) as
paragraphs (5) through (13), respectively; and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Such methods of administration as will ensure that--
``(A) applicants for unemployment compensation and
individuals inquiring about such compensation are
adequately notified of the provisions of subsections
(a)(19) and (g) of section 3304 of the Internal Revenue
Code of 1986 (relating to the availability of
unemployment compensation for victims of a qualifying
act of violence); and
``(B) claims reviewers and hearing personnel are
adequately trained in--
``(i) the nature and dynamics of a
qualifying act of violence (as those terms are
defined in subsection (g) of such section
3304); and
``(ii) methods of ascertaining and keeping
confidential information about possible
experiences of a qualifying act of violence (as
so defined) to ensure that--
``(I) requests for unemployment
compensation based on separations
stemming from a qualifying act of
violence (as so defined) are reliably
screened, identified, and adjudicated;
and
``(II) full confidentiality is
provided for the individual's claim and
submitted evidence; and''.
(c) Qualifying Act of Violence Training Grant Program.--
(1) Grant authorized.--The Secretary of Labor (in this
subsection referred to as the ``Secretary'') is authorized to
award a grant to a national, State, or local victim services
organization in order for such organization to--
(A) develop and disseminate a model training
program (and related materials) for the training
required under section 303(a)(4)(B) of the Social
Security Act, as added by subsection (b); and
(B) provide technical assistance with respect to
such model training program; and
(2) Application.--A national, State, or local victim
services organization seeking a grant under this subsection
shall submit an application to the Secretary at such time, in
such form and manner, and containing such information as the
Secretary specifies.
(3) Reports.--
(A) Reports to congress.--The Secretary shall
annually submit a report to Congress on the grant
program established under this subsection.
(B) Reports available to public.--The Secretary
shall establish procedures for the dissemination to the
public of each report submitted under subparagraph (A).
Such procedures shall include the use of the Internet
to disseminate such reports.
(4) Authorization of appropriations.--
(A) Authorization.--There are authorized to be
appropriated for fiscal year 2025 such sums as may be
necessary to carry out the provisions of paragraph (1).
(B) Three-year availability of grant funds.--The
recipient of a grant under paragraph (1) shall return
to the Secretary any unused portion of such grant not
later than 3 years after the date the grant was
awarded, together with any earnings on such unused
portion.
(d) Effect on Existing Laws, etc.--
(1) More protective laws, agreements, programs, and
plans.--Nothing in this section shall be construed to supersede
any provision of any Federal, State, or local law, collective
bargaining agreement, or employment benefits program or plan
that provides greater unemployment insurance benefits for
victims of a qualifying act of violence than the rights
established under this section.
(2) Less protective laws, agreements, programs, and
plans.--The rights established for victims of a qualifying act
of violence under this section shall not be diminished by any
more restrictive State or local law, collective bargaining
agreement, or employment benefits program or plan.
(e) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to weeks of unemployment beginning on or after the earlier
of--
(1) the date the State changes its statutes, regulations,
or policies in order to comply with such amendments; or
(2) January 1, 2027.
TITLE V--INSURANCE PROTECTIONS AND SUPPORT FOR VICTIMS OF A QUALIFYING
ACT OF VIOLENCE
Subtitle A--Insurance Protections
SEC. 501. DEFINITIONS.
In this title:
(1) Abuser.--The term ``abuser'' means the individual who
commits a qualifying act of violence.
(2) Insured.--The term ``insured'' means a party named on a
policy, certificate, or health benefit plan, including an
individual, a corporation, a partnership, an association, an
unincorporated organization, or any similar entity, as the
person with legal rights to the benefits provided by the
policy, certificate, or health benefit plan. For group
insurance, the term includes a person who is a beneficiary
covered by a group policy, certificate, or health benefit plan.
For life insurance, the term refers to the person whose life is
covered under an insurance policy.
(3) Insurer.--The term ``insurer'' means any person,
reciprocal exchange, inter insurer, Lloyds insurer, fraternal
benefit society, or other legal entity engaged in the business
of insurance, including agents, brokers, adjusters, and third-
party administrators. The term includes employers who provide
or make available employment benefits through an employee
benefit plan, as defined in section 3(3) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)). The
term also includes health insurance issuers, as defined by
section 2791(b) of the Public Health Service Act (42 U.S.C.
300gg-91(b)), health benefit plans, and life, disability, and
property and casualty insurers.
(4) Policy.--The term ``policy'' means a contract of
insurance, certificate, indemnity, suretyship, or annuity
issued, proposed for issuance, or intended for issuance by an
insurer, including endorsements or riders to an insurance
policy or contract.
SEC. 502. DISCRIMINATORY ACTS PROHIBITED.
(a) In General.--No insurer may, directly or indirectly, engage in
any of the following acts or practices on the basis that the applicant
or insured, or any person employed by the applicant or insured or with
whom the applicant or insured is known to have a relationship or
association, is, has been, or may be a victim of a qualifying act of
violence or has incurred or may incur claims related to a qualifying
act of violence:
(1) Denying, refusing to issue, renew, or reissue, or
canceling or otherwise terminating an insurance policy or
health benefit plan.
(2) Restricting, excluding, or limiting insurance coverage
for losses or denying a claim, except as otherwise permitted or
required by State laws relating to life insurance
beneficiaries.
(3) Adding a premium differential to any insurance policy
or health benefit plan.
(b) Prohibition on Limitation of Claims.--No insurer may, directly
or indirectly, deny or limit payment to an insured who is a victim of a
qualifying act of violence if the claim for payment is a result of such
qualifying act of violence.
(c) Prohibition on Termination.--
(1) In general.--No insurer may terminate health coverage
for a victim of a qualifying act of violence because coverage
was originally issued in the name of the abuser and the abuser
has divorced, separated from, or lost custody of the victim or
the victim's coverage has terminated voluntarily or
involuntarily and the victim does not qualify for an extension
of coverage under part 6 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1161
et seq.) or section 4980B of the Internal Revenue Code of 1986.
(2) Payment of premiums.--Nothing in paragraph (1) shall be
construed to prohibit the insurer from requiring that the
victim of a qualifying act of violence pay the full premium for
the victim's coverage under the health plan if the requirements
are applied to all insured of the insurer.
(3) Exception.--An insurer may terminate group coverage to
which this subsection applies after the continuation coverage
period required by this subsection has been in force for 18
months if it offers conversion to an equivalent individual
plan.
(4) Continuation coverage.--The continuation of health
coverage required by this subsection shall be satisfied by any
extension of coverage under part 6 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1161 et seq.) or section 4980B of the Internal Revenue Code of
1986 provided to a victim of domestic violence, dating
violence, sexual assault, or stalking and is not intended to be
in addition to any extension of coverage otherwise provided for
under such part 6 or section 4980B.
(d) Use of Information.--
(1) Limitation.--
(A) In general.--In order to protect the safety and
privacy of victims of qualifying acts of violence, no
person employed by or contracting with an insurer or
health benefit plan may (without the consent of the
victim)--
(i) use, disclose, or transfer information
relating to the status of a victim of a
qualifying act of violence as such a victim, a
qualifying act of violence, medical conditions
related to a qualifying act of violence, or the
applicant's or insured's status as a family
member, employer, associate, or person in a
relationship with a victim of a qualifying act
of violence for any purpose unrelated to the
direct provision of health care services unless
such use, disclosure, or transfer is required
by an order of an entity with authority to
regulate insurance or an order of a court of
competent jurisdiction; or
(ii) disclose or transfer information
relating to an applicant's or insured's mailing
address or telephone number or the mailing
address and telephone number of a shelter for
victims of a qualifying act of violence, unless
such disclosure or transfer--
(I) is required in order to provide
insurance coverage; and
(II) does not have the potential to
endanger the safety of a victim of a
qualifying act of violence.
(B) Rule of construction.--Nothing in this
paragraph may be construed to limit or preclude a
victim of a qualifying act of violence from obtaining
the victim's own insurance records from an insurer.
(2) Authority of victims.--A victim of a qualifying act of
violence, at the absolute discretion of the victim, may provide
evidence of a qualifying act of violence to an insurer for the
limited purpose of facilitating treatment of a condition
related to such qualifying act of violence or demonstrating
that a condition is related to such qualifying act of violence.
Nothing in this paragraph shall be construed as authorizing an
insurer to disregard such provided evidence.
SEC. 503. INSURANCE PROTOCOLS FOR VICTIMS OF A QUALIFYING ACT OF
VIOLENCE.
Each insurer shall develop and adhere to written policies
specifying procedures to be followed by employees, contractors,
producers, agents, and brokers for the purpose of protecting the safety
and privacy of a victim of a qualifying act of violence and otherwise
implementing this subtitle when taking an application, investigating a
claim, or taking any other action relating to a policy or claim
involving a victim of a qualifying act of violence.
SEC. 504. REASONS FOR ADVERSE ACTIONS.
An insurer that takes an action that adversely affects a victim of
a qualifying act of violence shall advise the applicant or insured who
is the victim of a qualifying act of violence of the specific reasons
for the action in writing. For purposes of this section, reference to
general underwriting practices or guidelines shall not constitute a
specific reason.
SEC. 505. LIFE INSURANCE.
Nothing in this subtitle shall be construed to prohibit a life
insurer from declining to issue a life insurance policy if the
applicant or prospective owner of the policy is or would be designated
as a beneficiary of the policy, and if--
(1) the applicant or prospective owner of the policy lacks
an insurable interest in the insured; or
(2) the applicant or prospective owner of the policy is
known, on the basis of police or court records, to have
committed a qualifying act of violence against the proposed
insured.
SEC. 506. SUBROGATION WITHOUT CONSENT PROHIBITED.
Subrogation of claims resulting from a qualifying act of violence
is prohibited without the informed consent of the victim of a
qualifying act of violence.
SEC. 507. ENFORCEMENT.
(a) Federal Trade Commission.--Any act or practice prohibited by
this subtitle shall be treated as an unfair and deceptive act or
practice pursuant to section 5 of the Federal Trade Commission Act (15
U.S.C. 45) and the Federal Trade Commission shall enforce this subtitle
in the same manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and provisions of the
Federal Trade Commission Act were incorporated into and made a part of
this subtitle, including issuing a cease and desist order granting any
individual relief warranted under the circumstances, including
temporary, preliminary, and permanent injunctive relief and
compensatory damages.
(b) Private Cause of Action.--
(1) In general.--An applicant or insured who believes that
the applicant or insured has been adversely affected by an act
or practice of an insurer in violation of this subtitle may
maintain an action against the insurer in a Federal or State
court of original jurisdiction.
(2) Relief.--Upon proof of such conduct by a preponderance
of the evidence in an action described in paragraph (1), the
court may award appropriate relief, including temporary,
preliminary, and permanent injunctive relief and compensatory
and punitive damages, as well as the costs of suit and
reasonable fees for the aggrieved individual's attorneys and
expert witnesses.
(3) Statutory damages.--With respect to compensatory
damages in an action described in paragraph (1), the aggrieved
individual may elect, at any time prior to the rendering of
final judgment, to recover in lieu of actual damages, an award
of statutory damages in the amount of $5,000 for each
violation.
SEC. 508. APPLICABILITY.
This subtitle shall apply with respect to any action taken after
the enactment of this Act.
Subtitle B--Supporting and Empowering Victims
SEC. 511. QUALIFYING ACTS OF VIOLENCE EDUCATION AND INFORMATION
PROGRAMS FOR VICTIMS.
(a) Public Education Program.--
(1) In general.--The Secretary of Labor, in conjunction
with the Secretary of Health and Human Services (through the
Director of the Centers for Disease Control and Prevention and
the grant recipient carrying out the National Resource Center
on Domestic Violence) and the Attorney General (through the
Principal Deputy Director of the Office on Violence Against
Women), shall coordinate and provide for a national public
outreach and education campaign, including culturally
appropriate materials, to raise public awareness of qualifying
acts of violence, including outreach and education for
employers, service providers, teachers, and other key partners.
(2) Dissemination.--The Secretary of Labor, in conjunction
with the Secretary of Health and Human Services and the
Attorney General, as described in paragraph (1), may
disseminate information through the public outreach and
education campaign on the resources and rights referred to in
this subsection directly or through arrangements with health
agencies, professional and nonprofit organizations, consumer
groups, labor organizations, institutions of higher education,
clinics, the media, and Federal, State, and local agencies.
(3) Information.--The information disseminated under
paragraph (2) shall include, at a minimum, a description of--
(A) the resources and rights that are--
(i) available to victims of qualifying acts
of violence; and
(ii) established in this Act and the
Violence Against Women Act of 1994 (34 U.S.C.
12291 et seq.);
(B) guidelines and best practices on prevention of
qualifying acts of violence;
(C) resources that promote healthy relationships
and communication skills;
(D) resources that encourage bystander intervention
in a situation involving qualifying acts of violence;
(E) resources that promote workplace policies that
support and help maintain the economic security of
victims of qualifying acts of violence; and
(F) resources and rights that the heads of Federal
agencies described in paragraph (2) determine are
appropriate to include.
(b) Information Program for Employers.--
(1) In general.--The Secretary of Labor and the Secretary
of Health and Human Services, in consultation with major
women's advocacy groups and medical and public health
organizations, shall develop and disseminate to employers
information on the entitlement of victims of a qualifying act
of violence to safe leave under title II.
(2) Information.--The information disseminated under
paragraph (1) shall include, at a minimum--
(A) information describing employers'
responsibilities and employees' rights under title II;
(B) recommendations for carrying out those
responsibilities and providing for those rights;
(C) recommendations for supporting employees when
the employees seek safe leave under title II;
(D) information on best practices for supporting
victims of a qualifying act of violence;
(E) information on best practices for preventing
qualifying acts of violence; and
(F) information explaining how to obtain additional
copies of the information developed under paragraph (1)
for distribution to the employees.
(c) Study on Workplace Responses.--The Secretary of Labor, in
conjunction with the Secretary of Health and Human Services, shall
conduct a study on the status of workplace responses to employees who
experience a qualifying act of violence while employed, in each State
and nationally, to improve the access of victims of a qualifying act of
violence to supportive resources and economic security.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, such sums as may be necessary
for each of fiscal years 2025 through 2029.
SEC. 512. INVESTING IN PUBLIC HEALTH INFRASTRUCTURE TO IMPROVE SUPPORT
FOR VICTIMS.
Section 303(c) of the Family Violence Prevention and Services Act
(42 U.S.C. 10403(c)) is amended by striking ``314'' and all that
follows and inserting ``314 $15,000,000 for each of fiscal years 2025
through 2029.''.
TITLE VI--SEVERABILITY
SEC. 601. SEVERABILITY.
If any provision of this Act, any amendment made by this Act, or
the application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of the
provisions of this Act, the amendments made by this Act, and the
application of such provisions or amendments to any person or
circumstance shall not be affected.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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