[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2208 Introduced in Senate (IS)]
<DOC>
114th CONGRESS
1st Session
S. 2208
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
October 27, 2015
Mrs. Murray (for herself, Ms. Baldwin, Mr. Blumenthal, Mr. Brown, Ms.
Cantwell, Mr. Franken, Mrs. Gillibrand, Ms. Klobuchar, Mr. Leahy, Ms.
Mikulski, Mr. Sanders, Ms. Hirono, and Mr. Casey) 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 Act of 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--REAUTHORIZATION OF NATIONAL RESOURCE CENTER GRANTS ON
WORKPLACE RESPONSES TO ASSIST SURVIVORS OF DOMESTIC AND SEXUAL VIOLENCE
Sec. 101. Grant program reauthorization.
TITLE II--SAFE LEAVE FOR ADDRESSING DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING
Sec. 201. Definitions.
Sec. 202. Entitlement to safe leave for addressing domestic violence,
dating violence, sexual assault, or
stalking.
Sec. 203. Existing leave usable for addressing domestic violence,
dating violence, sexual assault, or
stalking.
Sec. 204. Emergency benefits.
Sec. 205. Rule of construction.
Sec. 206. Regulations.
TITLE III--SURVIVORS' EMPLOYMENT SUSTAINABILITY
Sec. 301. Short title.
Sec. 302. Prohibited discriminatory acts.
Sec. 303. Enforcement.
Sec. 304. Regulations.
Sec. 305. Attorney's fees.
TITLE IV--ENTITLEMENT TO UNEMPLOYMENT COMPENSATION FOR SURVIVORS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING
Sec. 401. Unemployment compensation and training provisions.
TITLE V--INSURANCE PROTECTIONS AND SUPPORT FOR SURVIVORS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING
Subtitle A--Insurance Protections
Sec. 501. Definitions.
Sec. 502. Discriminatory acts prohibited.
Sec. 503. Insurance protocols for survivors of domestic violence,
dating violence, sexual assault, or
stalking.
Sec. 504. Reasons for adverse actions.
Sec. 505. Life insurance.
Sec. 506. Subrogation without consent prohibited.
Sec. 507. Enforcement.
Sec. 508. Applicability.
Subtitle B--Supporting and Empowering Survivors
Sec. 511. Study and reports on barriers to survivors' economic security
access.
Sec. 512. Domestic violence, dating violence, sexual assault, and
stalking education and information programs
for survivors.
Sec. 513. Investing in public health infrastructure to improve support
for survivors.
Sec. 514. Financial literacy and advocacy for survivors of domestic
violence, dating violence, sexual assault,
or stalking.
TITLE VI--SEVERABILITY
Sec. 601. Severability.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Violence against women has been reported as the leading
cause of physical injury to women. Such violence has a
devastating impact on women's physical and emotional health,
financial security, and ability to maintain their jobs, and
thus impacts interstate commerce and economic security.
(2) The Office on Violence Against Women of the Department
of Justice defines domestic violence as a pattern of abusive
behavior in any relationship that is used by one intimate
partner to gain or maintain power and control over another
intimate partner. Domestic violence can be physical, sexual,
emotional, economic, or psychological actions or threats of
actions that influence another person. Domestic violence
includes any behaviors that intimidate, manipulate, humiliate,
isolate, frighten, terrorize, coerce, threaten, blame, hurt,
injure, or wound an individual.
(3) The Centers for Disease Control and Prevention report
that domestic violence or intimate partner violence is a
serious public health issue for millions of individuals in the
United States. Nearly one in four women and one in seven men in
the United States have suffered severe physical violence by an
intimate partner.
(4) Homicide is the leading cause of death for women on the
job. Husbands, boyfriends, and ex-partners commit 15 percent of
workplace homicides against women. One study found that
intimate partner violence resulted in 142 homicides among women
at work in the United States from 2003 to 2008, a figure which
represents 22 percent of the 648 workplace homicides among
women during the period. In fact, in 2010, homicides against
women at work increased by 13 percent despite continuous
declines in overall workplace homicides in recent years.
(5) Women in the United States are 11 times more likely to
be murdered with guns than women in other high-income
countries. Female intimate partners are more likely to be
murdered with a firearm than all other means combined. The
presence of a gun in domestic violence situations increases the
risk of homicide for women by 500 percent.
(6) Violence can have a dramatic impact on the survivor of
such violence. Studies indicate that between 35 and 56 percent
of employed survivors of domestic violence who are women were
harassed at work by their abusive partners. More than 35
percent of stalking survivors report losing time from work due
to the stalking and seven percent of such survivors never
return to work. 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) Studies find that 60 percent of single women lack
economic security and 81 percent of households with single
mothers live in economic insecurity. Research shows that
expenses such as housing, transportation, and child care are
often cited as the most significant barriers that survivors
confront when attempting to escape violence or rebuild their
lives. Survivors are deprived of their autonomy, liberty, and
security, and face tremendous threats to their health and
safety.
(8) The Centers for Disease Control and Prevention report
that survivors of severe intimate partner violence lose nearly
8,000,000 days of paid work, which is the equivalent of more
than 32,000 full-time jobs and almost 5,600,000 days of
household productivity each year. Therefore, women
disproportionately need time off to care for their health or to
find safety solutions, such as obtaining a restraining order or
finding housing, to avoid or prevent further violence.
(9) 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.
(10) Fifty-five percent of senior executives recently
surveyed said domestic violence has a harmful effect on their
company's productivity, and more than 70 percent said domestic
violence negatively affects attendance. Seventy-eight percent
of human resources professionals consider partner violence a
workplace issue. However, more than 70 percent of United States
workplaces have no formal program or policy that addresses
workplace violence, let alone domestic violence. In fact, only
four percent of employers provided training on domestic
violence.
(11) 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.
(12) Abusers frequently seek to exert financial control
over their partners by actively interfering with their ability
to work, including preventing their partners from going to
work, harassing their partners at work, limiting their
partners' access to cash or transportation, and sabotaging
their partners' child care arrangements.
(13) 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.
(14) Yet, more can be done to help survivors. Federal law
in effect on the day before the date of enactment of this Act
does not explicitly--
(A) authorize survivors of domestic violence,
dating violence, sexual assault, or stalking to take
leave from work to seek legal assistance and redress,
counseling, or assistance with safety planning
activities;
(B) address the eligibility of survivors of
domestic violence, dating violence, sexual assault, or
stalking for unemployment compensation;
(C) provide job protection to survivors of domestic
violence, dating violence, sexual assault, or stalking;
(D) prohibit insurers and employers who self-insure
employee benefits from discriminating against survivors
of domestic violence, dating violence, sexual assault,
or stalking and those who help them in determining
eligibility, rates charged, and standards for payment
of claims; or
(E) prohibit insurers from disclosing information
about abuse and the location of the survivors through
insurance databases and other means.
(15) October is National Domestic Violence Awareness Month.
(16) This Act aims to empower survivors of domestic
violence, dating violence, sexual assault, or stalking to be
free from violence, hardship, and control, which restrains
basic human rights to freedom and safety in the United States.
TITLE I--REAUTHORIZATION OF NATIONAL RESOURCE CENTER GRANTS ON
WORKPLACE RESPONSES TO ASSIST SURVIVORS OF DOMESTIC AND SEXUAL VIOLENCE
SEC. 101. GRANT PROGRAM REAUTHORIZATION.
(a) Information and Assistance to Survivor Service Providers and
Community Organizations.--Section 41501(a) of the Violence Against
Women Act of 1994 (42 U.S.C. 14043f(a)) is amended by striking the
period at the end and inserting ``, and to survivor services
organizations (as defined in section 201 of the Security and Financial
Empowerment Act of 2015) (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 (42 U.S.C. 14043f) is amended by adding at
the end the following:
``(g) Administrative Costs.--
``(1) In general.--From the amount appropriated pursuant to
subsection (e) for each fiscal year, the Attorney General shall
not use more than 2.5 percent for the administration and
monitoring of grants made available under this section.
``(2) Evaluations.--From the amount appropriated pursuant
to subsection (e) for each fiscal year, the Director shall not
use more than 5 percent to award contracts or cooperative
agreements to entities with demonstrated expertise in program
evaluation, to evaluate programs under this section.''.
TITLE II--SAFE LEAVE FOR ADDRESSING DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING
SEC. 201. DEFINITIONS.
As used in this title, the following definitions apply:
(1) Domestic violence; dating violence; sexual assault;
stalking.--The terms ``domestic violence'', ``dating
violence'', ``sexual assault'', and ``stalking'' have the
meanings given the terms in section 40002 of the Violence
Against Women Act of 1994 (42 U.S.C. 13925).
(2) Domestic partner.--
(A) In general.--The term ``domestic partner'',
with respect to an individual, means another individual
with whom the first individual is in a committed
relationship.
(B) Committed relationship defined.--The term
``committed relationship'' means a relationship between
two individuals, each at least 18 years of age, in
which each individual is the other individual's sole
domestic partner and both individuals share
responsibility for a significant measure of each
other's common welfare. The term includes any such
relationship between two individuals, including
individuals of the same sex, that is granted legal
recognition by a State or political subdivision of a
State as a marriage or analogous relationship,
including a civil union or domestic partnership.
(3) Employ; state.--The terms ``employ'' and ``State'' have
the meanings given the terms in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203).
(4) Employee.--
(A) In general.--The term ``employee'' means any
person employed by an employer. In the case of an
individual employed by a public agency, such term means
an individual employed as described in section 3(e)(2)
of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)(2)).
(B) Basis.--The term includes a person employed as
described in subparagraph (A) on a full- or part-time
basis, for a fixed time period, on a temporary basis,
pursuant to a detail, or as a participant in a work
assignment as a condition of receipt of Federal or
State income-based public assistance.
(5) Employer.--The term ``employer''--
(A) means any person engaged in commerce or in any
industry or activity affecting commerce who employs 15
or more individuals; and
(B) includes any person acting directly or
indirectly in the interest of an employer in relation
to an employee, and includes a public agency that
employs individuals as described in section 3(e)(2) of
the Fair Labor Standards Act of 1938, but does not
include any labor organization (other than when acting
as an employer) or anyone acting in the capacity of
officer or agent of such labor organization.
(6) Employment benefits.--The term ``employment benefits''
means all benefits provided or made available to employees by
an employer, including group life insurance, health insurance,
disability insurance, sick leave, annual leave, educational
benefits, and pensions, regardless of whether such benefits are
provided by a practice or written policy of an employer or
through an ``employee benefit plan'', as defined in section
3(3) of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002(3)).
(7) Family or household member.--The term ``family or
household member'', used with respect to a person, means an
individual who--
(A) is a son or daughter, parent, spouse, domestic
partner, or any other individual related by blood or
affinity whose close association with the person is the
equivalent of a family relationship; and
(B) is not the abuser (as defined in section 501)
involved.
(8) Person.--The term ``person'' has the meaning given the
term in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
(9) Public agency.--The term ``public agency'' has the
meaning given the term in section 3 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 203).
(10) Public assistance.--The term ``public assistance''
includes cash, benefits issued under a supplement nutrition
assistance program under section 4 of the Food and Nutrition
Act of 2008 (7 U.S.C. 2013), medical assistance, housing
assistance, and other benefits provided on the basis of income
by a public agency.
(11) Survivor of domestic violence, dating violence, sexual
assault, or stalking.--The term ``survivor of domestic
violence, dating violence, sexual assault, or stalking''
includes--
(A) a person who has experienced or is experiencing
domestic violence, dating violence, sexual assault, or
stalking; and
(B) a person whose family or household member has
experienced or is experiencing domestic violence,
dating violence, sexual assault, or stalking.
(12) Survivor services organization.--The term ``survivor
services organization'' means a nonprofit, nongovernmental
organization that provides assistance to survivors of domestic
violence, dating violence, sexual assault, or stalking, or to
advocates for such survivors, including a rape crisis center,
an organization carrying out a domestic violence program, an
organization operating a shelter or providing counseling
services, an organization providing assistance through the
legal process, or another entity that provides assistance to
such survivors.
SEC. 202. ENTITLEMENT TO SAFE LEAVE FOR ADDRESSING DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING.
(a) Safe Leave Generally.--An employer shall provide each employee
employed by the employer not less than 30 days of safe leave in a 12-
month period. The leave may be unpaid leave, unless the employee uses
paid leave from the portion earned under subsection (b) or substitutes
leave under section 203. An employee may take not more than a total of
30 days of safe leave in a 12-month period under this section,
including the portion of the leave described in subsection (b), in
addition to any leave taken (directly or indirectly) under title I of
the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.), or
subchapter V of chapter 63 of title 5, United States Code.
(b) Safe Leave.--
(1) In general.--As a portion of the 30 days of safe leave
described in subsection (a), the employer shall provide each
employee employed by the employer not less than one hour of
earned paid safe leave for every 30 hours worked, to be used as
described in subsection (c). An employer shall not be required,
under this subsection, to permit an employee to earn or use
more than 56 hours of such leave at a time, unless the employer
chooses to set a higher limit.
(2) Exempt employees.--
(A) In general.--Except as provided in paragraph
(3), for purposes of this subsection, an employee who
is exempt from overtime requirements under section
13(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 213(a)(1)) shall be assumed to work 40 hours in
each workweek.
(B) Shorter normal workweek.--If the normal
workweek of such an employee is less than 40 hours, the
employee shall earn paid safe leave based upon that
normal workweek.
(3) Dates for beginning to earn paid safe leave and use.--
Employees shall begin to earn paid safe leave under this
subsection at the commencement of their employment. An employee
shall be entitled to use the earned paid safe leave beginning
on the 60th calendar day following commencement of the
employee's employment. After that 60th calendar day, the
employee may use the paid safe leave as the leave is earned. An
employer may, at the discretion of the employer, loan paid safe
leave to an employee for use by such employee in advance of the
employee earning such safe leave as provided in this subsection
and may permit use before the 60th day of employment.
(4) Carryover.--
(A) In general.--Except as provided in subparagraph
(B), paid safe leave earned under this subsection shall
carry over from one year to the next.
(B) Construction.--This title shall not be
construed to require an employer to permit an employee
to earn or use more than 56 hours of paid safe leave at
a given time.
(5) Employers with existing policies.--Any employer with a
paid leave policy who makes available an amount of safe paid
leave that is sufficient to meet the requirements of this
subsection and that may be used for the same purposes and under
the same conditions as the purposes and conditions outlined in
subsection (c) shall not be required to permit an employee to
earn additional paid safe leave under this subsection.
(6) Construction.--Nothing in this section shall be
construed as requiring financial or other reimbursement to an
employee from an employer upon the employee's termination,
resignation, retirement, or other separation from employment
for earned paid safe leave that has not been used.
(7) Reinstatement.--If an employee is separated from
employment with an employer and is rehired, within 12 months
after that separation, by the same employer, the employer shall
(in addition to providing unpaid safe leave in accordance with
subsection (a)) reinstate the employee's previously earned paid
safe leave. The employee shall be entitled to use the earned
paid safe leave and earn additional paid safe leave at the
recommencement of employment with the employer.
(c) Uses.--Safe leave earned under this section may be used by an
employee for an absence resulting from domestic violence, dating
violence, sexual assault, or stalking, if the leave is to--
(1) seek medical attention for the employee or the
employee's family or household member, to recover from physical
or psychological injury or disability caused by domestic
violence, dating violence, sexual assault, or stalking;
(2) obtain or assist a family or household member in
obtaining services from a survivor services organization;
(3) obtain or assist a family or household member in
obtaining behavioral health services or counseling;
(4) participate in safety planning, temporary or permanent
relocation, or taking other actions, to increase the safety of
the employee or family or household member; or
(5) take legal action, including preparing for or
participating in any civil or criminal legal proceeding related
to or resulting from domestic violence, dating violence, sexual
assault, or stalking.
(d) Procedures.--
(1) Request.--Safe leave shall be provided upon the oral or
written request of an employee. Such request shall--
(A) include the expected duration of the period of
such leave; and
(B) be provided as soon as practicable after the
employee is aware of the need for such period.
(2) Scheduling.--An employee shall make a reasonable effort
to schedule a period of safe leave under this title in a manner
that does not unduly disrupt the operations of the employer,
unless scheduling the period of leave in that manner is not
practicable.
(3) Certification.--
(A) In general.--An employer may require that a
request for safe leave under this section for a purpose
described in subsection (c) be supported--
(i) by any form of certification (but the
employer may not specify the particular form of
certification to be provided) consisting of--
(I) a sworn statement of the
employee or the family or household
member, as the case may be;
(II) a police report indicating
that the employee, or a family or
household member of the employee, was a
survivor of domestic violence, dating
violence, sexual assault, or stalking;
(III) a court order protecting or
separating the employee or a family or
household member of the employee from
the perpetrator of an act of domestic
violence, dating violence, sexual
assault, or stalking, or other evidence
from the court or prosecuting attorney
that the employee or family or
household member has appeared in court
or is scheduled to appear in court in a
proceeding related to domestic
violence, dating violence, sexual
assault, or stalking;
(IV) documentation from an employee
or volunteer working for a survivor
services organization, an attorney, a
police officer, a medical professional,
a social worker, an antiviolence
counselor, a member of the clergy, or
another professional, affirming that
the employee or a family or household
member of the employee is a survivor of
domestic violence, dating violence,
sexual assault, or stalking; or
(V) other corroborating evidence
concerning the employee or family or
household member; and
(ii) if the survivor is the employee's
family or household member, in order to verify
the employee's relationship with the survivor,
by information that may include a sworn
statement of the employee, a birth certificate,
a court document, or other corroborating
evidence.
(B) Survivor information protections.--
(i) In general.--The certification shall
state the reason that the safe leave is
required with the facts to be disclosed limited
to the minimum necessary to establish a need
for the employee to be absent from work, and
the employee shall not be required to explain
the details of the domestic violence, dating
violence, sexual assault, or stalking involved.
(ii) Limitation on information
requirements.--An employer may not require an
employee, in order to obtain leave under this
section, to produce, discuss with the employer,
or provide--
(I) any additional information,
beyond the information enumerated in
this subsection that establishes that
the employee is eligible for leave
under this section; or
(II) any information that would
compromise the safety of the employee
or family or household member in any
way.
(C) Timeliness.--The employee shall provide a copy
of such certification to the employer in a timely
manner, not later than 30 days after the first day of
the period of leave to the extent possible. The
employer shall not delay the commencement of the period
of leave on the basis that the employer has not yet
received the certification.
(4) Prohibition.--An employer may not require, as a
condition of providing safe leave under this title, that the
employee involved search for or find a replacement employee to
cover the hours during which the employee is using safe leave.
(e) Confidentiality; Nondisclosure for Survivors.--
(1) Confidentiality.--All information provided to the
employer pursuant to subsection (c) or (d), and the facts that
the employee or family or household member is a survivor of
domestic violence, dating violence, sexual assault, or
stalking, and the employee has requested or obtained safe leave
pursuant to this section, shall be retained in the strictest
confidence by the employer, except to the extent that
disclosure is--
(A) requested or consented to by the employee in
writing; or
(B) otherwise required by applicable Federal or
State law.
(2) Confidential communications.--The provision of any
information under this section does not waive or diminish the
confidential or privileged nature of communications between a
survivor of domestic violence, dating violence, sexual assault,
or stalking with one or more of the individuals or entities
providing information under subclause (II), (III), (IV), or (V)
of clause (i), or clause (ii), of subsection (d)(3)(A).
(3) Nondisclosure.--If an employer possesses health
information about an employee or an employee's family or
household member, such information shall--
(A) be maintained on a separate form and in a
separate file from other personnel information;
(B) be treated as a confidential medical record;
and
(C) not be disclosed except to the affected
employee or with the written permission of the affected
employee.
(f) Employment and Benefits.--
(1) Restoration to position.--
(A) In general.--Except as provided in paragraph
(2), any employee who takes leave under this section
for the intended purpose of the leave shall be
entitled, on return from such leave--
(i) to be restored by the employer to the
position of employment held by the employee
when the leave commenced; or
(ii) to be restored to an equivalent
position with equivalent employment benefits,
pay, and other terms and conditions of
employment.
(B) Loss of benefits.--The taking of leave under
this section shall not result in the loss of any
employment benefit accrued prior to the date on which
the leave commenced.
(C) Limitations.--Nothing in this subsection shall
be construed to entitle any restored employee to any
accrual, right, benefit, or position described in
section 104(a)(3) of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2614(a)(3)).
(D) Construction.--Nothing in this paragraph shall
be construed to prohibit an employer from requiring an
employee on leave under this section to report
periodically to the employer on the status and
intention of the employee to return to work.
(2) Exemption concerning certain highly compensated
employees.--
(A) Denial of restoration.--An employer may deny
restoration under paragraph (1) to any employee
described in subparagraph (B) if--
(i) such denial is necessary to prevent
substantial and grievous economic injury to the
operations of the employer;
(ii) the employer notifies the employee of
the intent of the employer to deny restoration
on such basis at the time the employer
determines that such injury would occur; and
(iii) in any case in which the leave has
commenced, the employee elects not to return to
employment after receiving such notice.
(B) Affected employees.--An employee referred to in
subparagraph (A) is a salaried employee who is among
the highest paid 10 percent of the employees employed
by the employer within 75 miles of the facility at
which the employee is employed.
(3) Maintenance of health benefits.--
(A) Coverage.--Except as provided in subparagraph
(B), during any period that an employee takes leave
under this section, the employer shall maintain
coverage under any group health plan (meaning a group
health plan as defined in section 5000(b)(1) of the
Internal Revenue Code of 1986 or an employee welfare
benefit plan as defined in section 3(1) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1002(1))) for the duration of such leave at the level
and under the conditions coverage would have been
provided if the employee had continued in employment
continuously for the duration of such leave.
(B) Failure to return from leave.--The employer may
recover the premium that the employer paid for
maintaining coverage for the employee under such group
health plan during any period of leave under this
section if--
(i) the employee fails to return from leave
under this section after the period of leave to
which the employee is entitled has expired; and
(ii) the employee fails to return to work
for a reason other than--
(I) the continuation of, recurrence
of, or onset of an episode of domestic
violence, dating violence, sexual
assault, or stalking, that entitles the
employee to leave pursuant to this
section; or
(II) other circumstances beyond the
control of the employee.
(C) Certification.--
(i) Issuance.--An employer may require an
employee who claims that the employee is unable
to return to work because of a reason described
in subclause (I) or (II) of subparagraph
(B)(ii) to provide, within a reasonable period
after making the claim, certification to the
employer that the employee is unable to return
to work because of the circumstances that
formed the basis for that claim.
(ii) Contents.--An employee may satisfy the
certification requirement of clause (i) by
providing to the employer--
(I) a sworn statement of the
employee;
(II) documentation from an
employee, agent, or volunteer of a
survivor services organization, an
attorney, a member of the clergy, or a
medical or other professional, from
whom the employee or the employee's
family or household member has sought
assistance in addressing domestic
violence, dating violence, sexual
assault, or stalking, including the
effects of domestic violence, dating
violence, sexual assault, or stalking;
(III) a police or court record; or
(IV) other corroborating evidence.
(D) Limitation on information requirements.--An
employer may not require an employee, under
subparagraph (C), to produce, discuss with the
employer, or provide--
(i) any additional information, beyond the
information enumerated in this paragraph that
establishes that the employee is unable to
return as described in subparagraph (C)(i); or
(ii) any information that would compromise
the safety of the employee or family or
household member in any way.
(E) Confidentiality.--All information provided to
the employer pursuant to subparagraph (C), including a
statement of the employee or any other documentation,
record, or corroborating evidence, and the fact that
the employee is not returning to work because of a
reason described in subclause (I) or (II) of
subparagraph (B)(ii), shall be retained in the
strictest confidence by the employer, except to the
extent that disclosure is--
(i) requested or consented to by the
employee in writing; or
(ii) otherwise required by applicable
Federal or State law.
(F) Confidential communications.--The provision of
any information under this paragraph does not waive or
diminish the confidential or privileged nature of
communications between a survivor of domestic violence,
dating violence, sexual assault, or stalking with one
or more of the individuals or entities providing
information under subclause (II), (III), or (IV) of
subparagraph (C)(ii).
(g) Prohibited Acts.--
(1) Interference with rights.--Section 105(a) of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2615(a)) shall apply
with respect to this title.
(2) Interference with proceedings or inquiries.--Section
105(b) of the Family and Medical Leave Act of 1993 (29 U.S.C.
2615(b)) shall apply with respect to this title.
(3) Public agency sanctions.--It shall be unlawful for any
public agency to deny, reduce, or terminate the benefits of, or
otherwise sanction any individual, or otherwise discriminate
(including harassment or retaliation in any form or manner)
against any individual with respect to the amount, terms, or
conditions of public assistance of the individual, because the
individual--
(A) exercised or attempted to exercise any right
provided under this section for the individual or the
individual's family or household member; or
(B) opposed any practice made unlawful by this
section.
(h) Enforcement.--
(1) Civil action by affected individuals.--
(A) Liability.--Any employer that violates
subsection (g) shall be liable to any individual
affected--
(i) for damages equal to--
(I) the amount of--
(aa) any wages, salary,
employment benefits, or other
compensation denied or lost to
such individual by reason of
the violation; or
(bb) in a case in which
wages, salary, employment
benefits, or other compensation
has not been denied or lost to
the individual, any actual
monetary losses sustained by
the individual as a direct
result of the violation;
(II) the interest on the amount
described in subclause (I) calculated
at the prevailing rate; and
(III) an additional amount as
liquidated damages equal to the sum of
the amount described in subclause (I)
and the interest described in subclause
(II), except that if an employer that
has violated subsection (g) proves to
the satisfaction of the court that the
act or omission that violated
subsection (g) was in good faith and
that the employer had reasonable
grounds for believing that the act or
omission was not a violation of
subsection (g), such court may, in the
discretion of the court, reduce the
amount of the liability to the amount
and interest determined under
subclauses (I) and (II), respectively;
and
(ii) for such equitable relief as may be
appropriate, including employment,
reinstatement, and promotion.
(B) Right of action.--An action to recover the
damages or equitable relief prescribed in subparagraph
(A) may be maintained against any employer in any
Federal or State court of competent jurisdiction by any
one or more affected individuals for and on behalf of--
(i) the individuals; or
(ii) the individuals and other individuals
similarly situated.
(C) Fees and costs.--The court in such an action
shall, in addition to any judgment awarded to the
plaintiff, allow a reasonable attorney's fee,
reasonable expert witness fees, and other costs of the
action to be paid by the defendant.
(D) Limitations.--The right provided by
subparagraph (B) to bring an action by or on behalf of
any affected individual shall terminate--
(i) on the filing of a complaint by the
Secretary of Labor in an action under paragraph
(4) in which restraint is sought of any further
delay in the payment of the amount described in
subparagraph (A)(i) to such individual by an
employer responsible under subparagraph (A) for
the payment; or
(ii) on the filing of a complaint by the
Secretary of Labor in an action under paragraph
(2) in which a recovery is sought of the
damages described in subparagraph (A)(i) owing
to an affected individual by an employer liable
under subparagraph (A),
unless the action described in clause (i) or (ii) is
dismissed without prejudice on motion of the Secretary
of Labor.
(2) Action by the secretary of labor.--
(A) Administrative action.--The Secretary of Labor
shall receive, investigate, and attempt to resolve
complaints of violations of subsection (g) in the same
manner as the Secretary of Labor receives,
investigates, and attempts to resolve complaints of
violations of sections 6 and 7 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206 and 207).
(B) Civil action.--The Secretary of Labor may bring
an action in any court of competent jurisdiction to
recover the damages described in paragraph (1)(A)(i).
(C) Sums recovered.--Any sums recovered by the
Secretary of Labor pursuant to subparagraph (B) shall
be held in a special deposit account and shall be paid,
on order of the Secretary, directly to each individual
affected. Any such sums not paid to such an individual
because of inability to do so within a period of three
years shall be deposited into the Treasury of the
United States as miscellaneous receipts.
(3) Limitation.--
(A) In general.--Except as provided in subparagraph
(B), an action may be brought under this subsection not
later than two years after the date of the last event
constituting the alleged violation for which the action
is brought.
(B) Willful violation.--In the case of such action
brought for a willful violation of subsection (g), such
action may be brought within three years after the date
of the last event constituting the alleged violation
for which such action is brought.
(C) Commencement.--In determining when an action is
commenced by the Secretary of Labor under this
subsection for the purposes of this paragraph, it shall
be considered to be commenced on the date when the
complaint is filed.
(4) Action for injunction by secretary of labor.--The
district courts of the United States shall have jurisdiction,
for cause shown, in an action brought by the Secretary of
Labor--
(A) to restrain violations of subsection (g),
including the restraint of any withholding of payment
of wages, salary, employment benefits, or other
compensation, plus interest, found by the court to be
due to affected individuals; or
(B) to award such other equitable relief as may be
appropriate, including employment, reinstatement, and
promotion.
(5) Solicitor of labor.--The Solicitor of Labor may appear
for and represent the Secretary of Labor on any litigation
brought under this subsection.
(6) Employer liability under other laws.--Nothing in this
section shall be construed to limit the liability of an
employer or public agency to an individual, for harm suffered
relating to the individual's experience of domestic violence,
dating violence, sexual assault, or stalking, pursuant to any
other Federal or State law, including a law providing for a
legal remedy.
(7) Library of congress.--Notwithstanding any other
provision of this subsection, in the case of the Library of
Congress, the authority of the Secretary of Labor under this
subsection shall be exercised by the Librarian of Congress.
(8) Certain public agency employers.--
(A) Agencies.--Notwithstanding any other provision
of this subsection, in the case of a public agency that
employs individuals as described in subparagraph (A) or
(B) of section 3(e)(2) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 203(e)(2)) (other than an entity of
the legislative branch of the Federal Government),
subparagraph (B) shall apply.
(B) Authority.--In the case described in
subparagraph (A), the powers, remedies, and procedures
provided in the case of a violation of chapter 63 of
title 5, United States Code, in that title to an
employing agency, in chapter 12 of that title to the
Merit Systems Protection Board, or in that title to any
person alleging a violation of chapter 63 of that
title, shall be the powers, remedies, and procedures
this subsection provides in the case of a violation of
subsection (g) to that agency, that Board, or any
person alleging a violation of subsection (g),
concerning an employee who is an individual described
in subparagraph (A).
(9) Public agencies providing public assistance.--
Consistent with regulations prescribed under section 206(d),
the President shall ensure that any public agency that violates
subsection (g)(3), or subsection (g)(2) by discriminating as
described in subsection (g)(3), shall provide to any individual
who receives a less favorable amount, term, or condition of
public assistance as a result of the violation--
(A)(i) the amount of any public assistance denied
or lost to such individual by reason of the violation;
and
(ii) the interest on the amount described in clause
(i), calculated at the prevailing rate; and
(B) such equitable relief as may be appropriate.
SEC. 203. EXISTING LEAVE USABLE FOR ADDRESSING DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING.
An employee who is entitled to take paid or unpaid leave (including
family, medical, sick, annual, personal, or similar leave) from
employment, pursuant to State or local law, a collective bargaining
agreement, or an employment benefits program or plan, may elect to
substitute any period of such leave for an equivalent period of leave
provided under section 202.
SEC. 204. EMERGENCY BENEFITS.
(a) In General.--A State may use funds provided to the State under
part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)
to provide nonrecurrent short-term emergency benefits to an individual
for any period of leave the individual takes pursuant to section 202 of
this Act.
(b) Eligibility.--
(1) In general.--An individual who is eligible for
assistance under the State program funded under that part and
for leave under section 202 shall be eligible for such
emergency benefits, except as provided in paragraph (2).
(2) Calculation.--In calculating eligibility for such
emergency benefits, the State shall count only the cash
available or accessible to the individual.
(c) Timing.--
(1) Applications.--An individual seeking emergency benefits
under subsection (a) from a State shall submit an application
to the State.
(2) Benefits.--The State shall provide benefits to an
eligible applicant under paragraph (1) on an expedited basis,
and not later than seven days after the applicant submits an
application under paragraph (1).
SEC. 205. RULE OF CONSTRUCTION.
(a) More Protective Laws, Agreements, Programs, and Plans.--Nothing
in this title shall be construed to supersede any provision of any
Federal, State, or local law, collective bargaining agreement, or
employment benefits program or plan that provides--
(1) greater leave rights for survivors of domestic
violence, dating violence, sexual assault, or stalking than the
rights established under this Act; or
(2) leave benefits for a larger population of survivors of
domestic violence, dating violence, sexual assault, or stalking
(as defined in such law, agreement, program, or plan) than the
survivors of domestic violence, dating violence, sexual
assault, or stalking covered under this Act.
(b) Less Protective Laws, Agreements, Programs, and Plans.--The
rights established for survivors of domestic violence, dating violence,
sexual assault, or stalking under this Act shall not be diminished by
any State or local law, collective bargaining agreement, or employment
benefits program or plan.
SEC. 206. REGULATIONS.
(a) In General.--
(1) Authority to issue regulations.--Except as provided in
subsections (b), (c), and (d), the Secretary of Labor shall
issue regulations to carry out this title.
(2) Regulations regarding notices.--The regulations
described in paragraph (1) shall include regulations requiring
every employer to post and keep posted, in conspicuous places
on the premises of the employer where notices to employees are
customarily placed, a notice, to be prepared or approved by the
Secretary of Labor, summarizing the provisions of this title
and providing information on procedures for filing complaints.
The Secretary of Labor shall develop such a notice and provide
copies to employers upon request without charge.
(b) Library of Congress.--The Librarian of Congress shall prescribe
the regulations described in subsection (a) with respect to employees
of the Library of Congress. The regulations prescribed under this
subsection shall, to the extent appropriate, be consistent with the
regulations prescribed by the Secretary of Labor under subsection (a).
(c) Certain Public Agency Employers.--The Office of Personnel
Management shall prescribe the regulations described in subsection (a)
with respect to individuals described in subparagraph (A) or (B) of
section 3(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)(2)) (other than an individual employed by an entity of the
legislative branch of the Federal Government). The regulations
prescribed under this subsection shall, to the extent appropriate, be
consistent with the regulations prescribed by the Secretary of Labor
under subsection (a).
(d) Public Agencies Providing Public Assistance.--The President
shall prescribe the regulations described in subsection (a) with
respect to applicants for and recipients of public assistance, in the
case of violations of section 202(g)(3), or section 202(g)(2) due to
discrimination described in section 202(g)(3). The regulations
prescribed under this subsection shall, to the extent appropriate, be
consistent with the regulations prescribed by the Secretary of Labor
under subsection (a).
TITLE III--SURVIVORS' EMPLOYMENT SUSTAINABILITY
SEC. 301. SHORT TITLE.
This title may be cited as the ``Survivors' Employment
Sustainability Act''.
SEC. 302. PROHIBITED DISCRIMINATORY ACTS.
(a) In General.--It shall be unlawful for an employer to fail or
refuse to hire or discharge any individual, or otherwise discriminate
(including harassment or retaliation in any form or manner) against any
individual with respect to the compensation, terms, conditions, or
privileges of employment of the individual, and it shall be unlawful
for a public agency to deny, reduce, or terminate the benefits of, or
otherwise sanction any individual, or otherwise discriminate (including
harassment or retaliation in any form or manner) against any individual
with respect to the amount, terms, or conditions of public assistance
of the individual, because--
(1) the individual involved is or the employer or public
agency involved perceives that individual to be a survivor of
domestic violence, dating violence, sexual assault, or
stalking, or a survivor of communication of an intimate image
of the individual;
(2) that individual attended, participated in, prepared
for, or requested leave to attend, participate in, or prepare
for, a criminal or civil court proceeding relating to an
incident that caused the individual to be a survivor of
domestic violence, dating violence, sexual assault, or
stalking, or a survivor of communication of an intimate image
of the individual;
(3) that individual, in response to actual or threatened
domestic violence, dating violence, sexual assault, or
stalking, or actual or threatened communication of an intimate
image of the individual, requested that the employer or public
agency implement a reasonable safety procedure or a job-related
modification to enhance the security of that individual or
safeguard the workplace involved; or
(4) the workplace is disrupted or threatened by the action
of a person whom that individual states has committed or
threatened to commit an act that caused or would cause the
individual to be a survivor of domestic violence, dating
violence, sexual assault, or stalking, or a survivor of
communication of an intimate image of the individual.
(b) Definitions.--In this section:
(1) Communication of an intimate image.--The term
``communication of an intimate image'', used with respect to an
individual, includes a transmission, dissemination, or receipt
through electronic or other communication containing at least
one intimate image of the individual that appears to have been
transmitted or disseminated by a person who--
(A) obtained the image under circumstances in which
a reasonable person would know or understand that the
image was to remain private;
(B) knows or should have known that the depicted
individual has not consented to the disclosure of the
image; and
(C) knows or reasonably should know that the
disclosure would cause harm to the depicted individual.
(2) Discriminate.--The term ``discriminate'', used with
respect to the terms, conditions, or privileges of employment
or with respect to the terms or conditions of public
assistance, includes failing to implement, on request from an
individual, in response to actual or threatened domestic
violence, dating violence, sexual assault, or stalking, or
actual or threatened communication of an intimate image of the
individual, a reasonable safety procedure or a job-related
modification to enhance the security of that individual or
safeguard the workplace involved (such as installation of a
lock, change of a telephone number or seating assignment,
provision of a transfer, provision of leave, modification of a
schedule, or adjustment of a work requirement), unless the
employer or public agency can demonstrate that granting the
request would impose an undue hardship on the operation of the
employer or public agency.
(3) Domestic violence; dating violence; sexual assault;
stalking.--The terms ``domestic violence'', ``dating
violence'', ``sexual assault'', and ``stalking'' have the
meanings given the terms in section 40002 of the Violence
Against Women Act of 1994 (42 U.S.C. 13925).
(4) Intimate image.--The term ``intimate image'' means any
photograph, motion picture film, videotape, digital image,
image from social media, or any other recording or other image
of an individual (other than the person taking the image) who
is identifiable from the image itself or from information
displayed with or otherwise connected to the image, that--
(A) was taken in a private setting;
(B) does not depict a matter of public concern; and
(C) depicts--
(i) sexual activity, including sexual
intercourse or masturbation; or
(ii) a person's intimate body parts,
whether nude or visible through less than
opaque clothing.
(5) Safe leave terms.--The terms ``employ'', ``employee'',
``employer'', ``employment benefits'', ``person'', ``public
agency'', ``public assistance'', ``State'', and ``survivor of
domestic violence, dating violence, sexual assault, or
stalking'' have the meanings given the terms in section 201.
(6) Undue hardship.--The term ``undue hardship'' means an
action requiring significant difficulty or expense.
SEC. 303. ENFORCEMENT.
(a) Civil Action by Individuals.--
(1) Liability.--Any employer that violates section 302
shall be liable to any individual affected for--
(A) damages equal to the amount of any wages,
salary, employment benefits, or other compensation
denied or lost to such individual by reason of the
violation, and the interest on that amount calculated
at the prevailing rate;
(B) compensatory damages, including damages for
future pecuniary losses, emotional pain, suffering,
inconvenience, mental anguish, loss of enjoyment or
life, and other nonpecuniary losses;
(C) such punitive damages, up to three times the
amount of actual damages sustained, as the court
described in paragraph (2) shall determine to be
appropriate; and
(D) such equitable relief as may be appropriate,
including employment, reinstatement, and promotion.
(2) Right of action.--An action to recover the damages or
equitable relief prescribed in paragraph (1) may be maintained
against any employer in any Federal or State court of competent
jurisdiction by any one or more affected individuals described
in section 302.
(b) Action by Secretary of Labor.--The Secretary of Labor may bring
a civil action in any Federal or State court of competent jurisdiction
to recover the damages or equitable relief described in subsection
(a)(1).
(c) Library of Congress.--Notwithstanding any other provision of
this section, in the case of the Library of Congress, the authority of
the Secretary of Labor under this section shall be exercised by the
Librarian of Congress.
(d) Certain Public Agency Employers.--
(1) Agencies.--Notwithstanding any other provision of this
section, in the case of a public agency that employs
individuals as described in subparagraph (A) or (B) of section
3(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)(2)) (other than an entity of the legislative branch of
the Federal Government), paragraph (2) shall apply.
(2) Authority.--In the case described in paragraph (1), the
powers, remedies, and procedures provided (in the case of a
violation of section 2302(b)(1)(A) of title 5, United States
Code) in title 5, United States Code, to an employing agency,
the Office of Special Counsel, the Merit Systems Protection
Board, or any person alleging a violation of such section
2302(b)(1)(A), shall be the powers, remedies, and procedures
this section provides in the case of a violation of section 302
to that agency, that Office, that Board, or any person alleging
a violation of section 302, respectively, concerning an
employee who is an individual described in paragraph (1).
(e) Public Agencies Providing Public Assistance.--Consistent with
regulations prescribed under section 304(d), the President shall ensure
that any public agency that violates section 302(a) by taking an action
prohibited under section 302(a) with respect to the amount, terms, or
conditions of public assistance, shall provide to any individual who
receives a less favorable amount, term, or condition of public
assistance as a result of the violation--
(1)(A) the amount of any public assistance denied or lost
to such individual by reason of the violation; and
(B) the interest on the amount described in subparagraph
(A), calculated at the prevailing rate; and
(2) such equitable relief as may be appropriate.
SEC. 304. REGULATIONS.
(a) In General.--Except as provided in subsections (b), (c), and
(d), the Secretary of Labor shall issue regulations to carry out this
title.
(b) Library of Congress.--The Librarian of Congress shall prescribe
the regulations described in subsection (a) with respect to employees
of the Library of Congress. The regulations prescribed under this
subsection shall, to the extent appropriate, be consistent with the
regulations prescribed by the Secretary of Labor under subsection (a).
(c) Certain Public Agency Employers.--The Office of Personnel
Management, after consultation with the Office of Special Counsel and
the Merit Systems Protection Board, shall prescribe the regulations
described in subsection (a) with respect to individuals described in
subparagraph (A) or (B) of section 3(e)(2) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 203(e)(2)) (other than an individual employed by
an entity of the legislative branch of the Federal Government). The
regulations prescribed under this subsection shall, to the extent
appropriate, be consistent with the regulations prescribed by the
Secretary of Labor under subsection (a).
(d) Public Agencies Providing Public Assistance.--The President
shall prescribe the regulations described in subsection (a) with
respect to applicants for and recipients of public assistance, in the
case of violations of section 302(a) by a public agency due to taking
an action prohibited under section 302(a) with respect to the amount,
terms, or conditions of public assistance. The regulations prescribed
under this subsection shall, to the extent appropriate, be consistent
with the regulations prescribed by the Secretary of Labor under
subsection (a).
SEC. 305. ATTORNEY'S FEES.
Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is
amended by inserting ``the Survivors' Employment Sustainability Act,''
after ``title VI of the Civil Rights Act of 1964,''.
TITLE IV--ENTITLEMENT TO UNEMPLOYMENT COMPENSATION FOR SURVIVORS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING
SEC. 401. UNEMPLOYMENT COMPENSATION AND TRAINING PROVISIONS.
(a) Unemployment Compensation.--Section 3304 of the Internal
Revenue Code of 1986 (relating to approval of State unemployment
compensation laws) is amended--
(1) in subsection (a)--
(A) in paragraph (18), by striking ``and'' at the
end;
(B) by redesignating paragraph (19) as paragraph
(20); and
(C) by inserting after paragraph (18) the following
new paragraph:
``(19) compensation shall not be denied where an individual
is separated from employment due to circumstances resulting
from the individual being a survivor of domestic violence,
dating violence, sexual assault, or stalking, nor shall States
impose additional conditions that restrict the individual's
eligibility for or receipt of benefits beyond those required of
other individuals who are forced to leave their jobs or are
deemed to have good cause for voluntarily separating from a job
in the State; and''; and
(2) by adding at the end the following new subsection:
``(g) Construction.--For purposes of subsection (a)(19)--
``(1) Documentation.--In determining eligibility for
compensation due to circumstances resulting from an individual
being a survivor of domestic violence, dating violence, sexual
assault, or stalking--
``(A) States shall adopt, or have adopted, by
statute, regulation, or policy a list of forms of
documentation that may be presented to demonstrate
eligibility; and
``(B) presentation of any one of such forms of
documentation shall be sufficient to demonstrate
eligibility, except that a State may require the
presentation of a form of identification in addition to
the sworn statement of applicant described in paragraph
(2)(A).
``(2) List of forms of documentation.--The list referred to
in paragraph (1)(A) shall, at a minimum, include the following
forms of documentation:
``(A) A sworn statement of the applicant.
``(B) A police or court record concerning the
applicant.
``(C) Documentation from an employee or volunteer
working for a survivor services organization, an
attorney, a police officer, a medical professional, a
social worker, an antiviolence counselor, a member of
the clergy, or another professional, affirming that the
applicant is a survivor of domestic violence, dating
violence, sexual assault, or stalking.
``(3) Definitions.--The terms `domestic violence', `dating
violence', `sexual assault', `stalking', `survivor of domestic
violence, dating violence, sexual assault, or stalking', and
`survivor services organization' have the meanings given such
terms in section 201 of the Security and Financial Empowerment
Act of 2015.''.
(b) Unemployment Compensation Personnel Training.--Section 303(a)
of the Social Security Act (42 U.S.C. 503(a)) is amended--
(1) by redesignating paragraphs (4) through (12) as
paragraphs (5) through (13), respectively; and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Such methods of administration as will ensure that--
``(A) applicants for unemployment compensation and
individuals inquiring about such compensation are
adequately notified of the provisions of subsections
(a)(19) and (g) of section 3304 of the Internal Revenue
Code of 1986 (relating to the availability of
unemployment compensation for survivors of domestic
violence, dating violence, sexual assault, or
stalking); and
``(B) claims reviewers and hearing personnel are
adequately trained in--
``(i) the nature and dynamics of domestic
violence, dating violence, sexual assault, or
stalking (as such terms are defined in section
201 of the Security and Financial Empowerment
Act of 2015); and
``(ii) methods of ascertaining and keeping
confidential information about possible
experiences of domestic violence, dating
violence, sexual assault, or stalking (as so
defined) to ensure that--
``(I) requests for unemployment
compensation based on separations
stemming from domestic violence, dating
violence, sexual assault, or stalking
(as so defined) are reliably screened,
identified, and adjudicated; and
``(II) full confidentiality is
provided for the individual's claim and
submitted evidence; and''.
(c) TANF Personnel Training.--Section 402(a) of the Social Security
Act (42 U.S.C. 602(a)) is amended by adding at the end the following
new paragraph:
``(8) Certification that the state will provide information
to survivors of domestic violence, dating violence, sexual
assault, or stalking.--A certification by the chief officer of
the State that the State has established and is enforcing
standards and procedures to--
``(A) ensure that applicants for assistance under
the program and individuals inquiring about such
assistance are adequately notified of--
``(i) the provisions of subsections (a)(19)
and (g) of section 3304 of the Internal Revenue
Code of 1986 (relating to the availability of
unemployment compensation for survivors of
domestic violence, dating violence, sexual
assault, or stalking); and
``(ii) assistance made available by the
State to survivors of domestic violence, dating
violence, sexual assault, or stalking (as
defined in section 201 of the Security and
Financial Empowerment Act of 2015);
``(B) ensure that case workers and other agency
personnel responsible for administering the State
program funded under this part are adequately trained
in--
``(i) the nature and dynamics of domestic
violence, dating violence, sexual assault, or
stalking (as such terms are defined in section
201 of the Security and Financial Empowerment
Act of 2015);
``(ii) State standards and procedures
relating to the prevention of, and assistance
for individuals who are survivors of, domestic
violence, dating violence, sexual assault, or
stalking (as so defined); and
``(iii) methods of ascertaining and keeping
confidential information about possible
experiences of domestic violence, dating
violence, sexual assault, or stalking (as so
defined);
``(C) if a State has elected to establish and
enforce standards and procedures regarding the
screening for, and identification of, domestic violence
pursuant to paragraph (7), ensure that--
``(i) applicants for assistance under the
program and individuals inquiring about such
assistance are adequately notified of options
available under such standards and procedures;
and
``(ii) case workers and other agency
personnel responsible for administering the
State program funded under this part are
provided with adequate training regarding such
standards and procedures and options available
under such standards and procedures; and
``(D) ensure that the training required under
subparagraphs (B) and, if applicable, (C)(ii) is
provided through a training program operated by an
eligible entity (as defined in section 401(d)(2) of the
Security and Financial Empowerment Act of 2015).''.
(d) Domestic Violence, Dating Violence, Sexual Assault, or Stalking
Training Grant Program.--
(1) Grants authorized.--The Secretary of Labor (in this
subsection referred to as the ``Secretary'') is authorized to
award--
(A) a grant to a national survivor services
organization in order for such organization to--
(i) develop and disseminate a model
training program (and related materials) for
the training required under section
303(a)(4)(B) of the Social Security Act, as
added by subsection (b), and under
subparagraphs (B) and, if applicable, (C)(ii)
of section 402(a)(8) of such Act, as added by
subsection (c); and
(ii) provide technical assistance with
respect to such model training program; and
(B) grants to State, tribal, or local agencies in
order for such agencies to contract with eligible
entities to provide State, tribal, or local case
workers and other State, tribal, or local agency
personnel responsible for administering the temporary
assistance to needy families program established under
part A of title IV of the Social Security Act in a
State or Indian reservation with the training required
under subparagraphs (B) and, if applicable, (C)(ii) of
such section 402(a)(8).
(2) Eligible entity defined.--For purposes of paragraph
(1)(B), the term ``eligible entity'' means an entity--
(A) that is--
(i) a State or tribal domestic violence
coalition or sexual assault coalition;
(ii) a State or local survivor services
organization with recognized expertise in the
dynamics of domestic violence, dating violence,
sexual assault, or stalking whose primary
mission is to provide services to survivors of
domestic violence, dating violence, sexual
assault, or stalking, such as a rape crisis
center or domestic violence program; or
(iii) an organization with demonstrated
expertise in State or county welfare laws and
implementation of such laws and experience with
disseminating information on such laws and
implementation, but only if such organization
will provide the required training in
partnership with an entity described in clause
(i) or (ii); and
(B) that--
(i) has demonstrated expertise in the
dynamics of both domestic violence and sexual
assault, such as a joint domestic violence and
sexual assault coalition; or
(ii) will provide the required training in
partnership with an entity described in clause
(i) or (ii) of subparagraph (A) in order to
comply with the dual domestic violence and
sexual assault expertise requirement under
clause (i).
(3) Application.--An entity seeking a grant under this
subsection shall submit an application to the Secretary at such
time, in such form and manner, and containing such information
as the Secretary specifies.
(4) Reports.--
(A) Reports to congress.--The Secretary shall
annually submit a report to Congress on the grant
program established under this subsection.
(B) Reports available to public.--The Secretary
shall establish procedures for the dissemination to the
public of each report submitted under subparagraph (A).
Such procedures shall include the use of the Internet
to disseminate such reports.
(5) Authorization of appropriations.--
(A) Authorization.--There are authorized to be
appropriated--
(i) $1,000,000 for fiscal year 2016 to
carry out the provisions of paragraph (1)(A);
and
(ii) $12,000,000 for each of fiscal years
2017 through 2020 to carry out the provisions
of paragraph (1)(B).
(B) Three-year availability of grant funds.--Each
recipient of a grant under this subsection shall return
to the Secretary any unused portion of such grant not
later than 3 years after the date the grant was
awarded, together with any earnings on such unused
portion.
(C) Amounts returned.--Any amounts returned
pursuant to subparagraph (B) shall be available without
further appropriation to the Secretary for the purpose
of carrying out the provisions of paragraph (1)(B).
(e) Effect on Existing Laws, etc.--
(1) More protective laws, agreements, programs, and
plans.--Nothing in this title shall be construed to supersede
any provision of any Federal, State, or local law, collective
bargaining agreement, or employment benefits program or plan
that provides greater unemployment insurance benefits for
survivors of domestic violence, dating violence, sexual
assault, or stalking than the rights established under this
title.
(2) Less protective laws, agreements, programs, and
plans.--The rights established for survivors of domestic
violence, dating violence, sexual assault, or stalking under
this title shall not be diminished by any more restrictive
State or local law, collective bargaining agreement, or
employment benefits program or plan.
(f) Effective Date.--
(1) Unemployment amendments.--
(A) In general.--Except as provided in subparagraph
(B) and paragraph (2), the amendments made by this
section shall apply in the case of compensation paid
for weeks beginning on or after the expiration of 180
days from the date of enactment of this Act.
(B) Extension of effective date for state law
amendment.--
(i) In general.--If the Secretary of Labor
identifies a State as requiring a change to its
statutes, regulations, or policies in order to
comply with the amendments made by this section
(excluding the amendment made by subsection
(c)), such amendments shall apply in the case
of compensation paid for weeks beginning after
the earlier of--
(I) the date the State changes its
statutes, regulations, or policies in
order to comply with such amendments;
or
(II) the end of the first session
of the State legislature which begins
after the date of enactment of this Act
or which began prior to such date and
remained in session for at least 25
calendar days after such date,
except that in no case shall such amendments
apply before the date that is 180 days after
the date of enactment of this Act.
(ii) Session defined.--In this
subparagraph, the term ``session'' means a
regular, special, budget, or other session of a
State legislature.
(2) TANF amendment.--
(A) In general.--Except as provided in subparagraph
(B), the amendment made by subsection (c) shall take
effect on the date of enactment of this Act.
(B) Extension of effective date for state law
amendment.--In the case of a State plan under part A of
title IV of the Social Security Act which the Secretary
of Health and Human Services determines requires State
action (including legislation, regulation, or other
administrative action) in order for the plan to meet
the additional requirements imposed by the amendment
made by subsection (c), the State plan shall not be
regarded as failing to comply with the requirements of
such amendment on the basis of its failure to meet
these additional requirements before the first day of
the first calendar quarter beginning after the close of
the first regular session of the State legislature that
begins after the date of enactment of this Act. For
purposes of the previous sentence, in the case of a
State that has a two-year legislative session, each
year of the session is considered to be a separate
regular session of the State legislature.
(g) Definitions.--In this section, the terms ``domestic violence'',
``dating violence'', ``sexual assault'', ``stalking'', ``survivor of
domestic violence, dating violence, sexual assault, or stalking'', and
``survivor services organization'' have the meanings given such terms
in section 201.
TITLE V--INSURANCE PROTECTIONS AND SUPPORT FOR SURVIVORS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING
Subtitle A--Insurance Protections
SEC. 501. DEFINITIONS.
In this title:
(1) Abuser.--The term ``abuser'' means the person who
commits an act of domestic violence, dating violence, sexual
assault, or stalking against a survivor of domestic violence,
dating violence, sexual assault, or stalking.
(2) Dating violence; domestic violence; sexual assault;
stalking.--The terms ``dating violence'', ``domestic
violence'', ``sexual assault'', and ``stalking'' have the
meanings given such terms in section 201.
(3) Insured.--The term ``insured'' means a party named on a
policy, certificate, or health benefit plan, including an
individual, a corporation, a partnership, an association, an
unincorporated organization, or any similar entity, as the
person with legal rights to the benefits provided by the
policy, certificate, or health benefit plan. For group
insurance, the term includes a person who is a beneficiary
covered by a group policy, certificate, or health benefit plan.
For life insurance, the term refers to the person whose life is
covered under an insurance policy.
(4) Insurer.--The term ``insurer'' means any person,
reciprocal exchange, inter insurer, Lloyds insurer, fraternal
benefit society, or other legal entity engaged in the business
of insurance, including agents, brokers, adjusters, and third-
party administrators. The term includes employers who provide
or make available employment benefits through an employee
benefit plan, as defined in section 3(3) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)). The
term also includes health insurance issuers, as defined by
section 2791 of the Public Health Service Act (42 U.S.C. 300gg-
91), health benefit plans, and life, disability, and property
and casualty insurers.
(5) Policy.--The term ``policy'' means a contract of
insurance, certificate, indemnity, suretyship, or annuity
issued, proposed for issuance, or intended for issuance by an
insurer, including endorsements or riders to an insurance
policy or contract.
(6) Survivor of domestic violence, dating violence, sexual
assault, or stalking.--The term ``survivor of domestic
violence, dating violence, sexual assault, or stalking'' has
the meaning given such term in section 201.
(7) Survivor services organization.--The term ``survivor
services organization'' has the meaning given such term in
section 201.
SEC. 502. DISCRIMINATORY ACTS PROHIBITED.
(a) In General.--No insurer may, directly or indirectly, engage in
any of the following acts or practices on the basis that the applicant
or insured, or any person employed by the applicant or insured or with
whom the applicant or insured is known to have a relationship or
association, is, has been, or may be a survivor of domestic violence,
dating violence, sexual assault, or stalking or has incurred or may
incur claims related to domestic violence, dating violence, sexual
assault, or stalking:
(1) Denying, refusing to issue, renew, or reissue, or
canceling or otherwise terminating an insurance policy or
health benefit plan.
(2) Restricting, excluding, or limiting insurance coverage
for losses or denying a claim, except as otherwise permitted or
required by State laws relating to life insurance
beneficiaries.
(3) Adding a premium differential to any insurance policy
or health benefit plan.
(b) Prohibition on Limitation of Claims.--No insurer may, directly
or indirectly, deny or limit payment to an insured who is a survivor of
domestic violence, dating violence, sexual assault, or stalking if the
claim for payment is a result of such violence, assault, or stalking.
(c) Prohibition on Termination.--
(1) In general.--No insurer may terminate health coverage
for a survivor of domestic violence, dating violence, sexual
assault, or stalking because coverage was originally issued in
the name of the abuser and the abuser has divorced, separated
from, or lost custody of the survivor or the survivor's
coverage has terminated voluntarily or involuntarily and the
survivor does not qualify for an extension of coverage under
part 6 of subtitle B of title I of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1161 et seq.) or section
4980B of the Internal Revenue Code of 1986.
(2) Payment of premiums.--Nothing in paragraph (1) shall be
construed to prohibit the insurer from requiring that the
survivor of domestic violence, dating violence, sexual assault,
or stalking pay the full premium for the survivor's coverage
under the health plan if the requirements are applied to all
insured of the insurer.
(3) Exception.--An insurer may terminate group coverage to
which this subsection applies after the continuation coverage
period required by this subsection has been in force for 18
months if it offers conversion to an equivalent individual
plan.
(4) Continuation coverage.--The continuation of health
coverage required by this subsection shall be satisfied by any
extension of coverage under part 6 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1161 et seq.) or section 4980B of the Internal Revenue Code of
1986 provided to a survivor of domestic violence, dating
violence, sexual assault, or stalking and is not intended to be
in addition to any extension of coverage otherwise provided for
under such part 6 or section 4980B.
(d) Use of Information.--
(1) Limitation.--
(A) In general.--In order to protect the safety and
privacy of survivors of domestic violence, dating
violence, sexual assault, or stalking, no person
employed by or contracting with an insurer or health
benefit plan may (without the consent of the
survivor)--
(i) use, disclose, or transfer information
relating to domestic violence, dating violence,
sexual assault, or stalking status, acts of
such violence, assault, or stalking, medical
conditions related to domestic violence, dating
violence, sexual assault, or stalking, or the
applicant's or insured's status as a family
member, employer, associate, or person in a
relationship with a survivor of domestic
violence, dating violence, sexual assault, or
stalking for any purpose unrelated to the
direct provision of health care services unless
such use, disclosure, or transfer is required
by an order of an entity with authority to
regulate insurance or an order of a court of
competent jurisdiction; or
(ii) disclose or transfer information
relating to an applicant's or insured's mailing
address or telephone number or the mailing
address and telephone number of a shelter for
survivors of domestic violence, dating
violence, sexual assault, or stalking, unless
such disclosure or transfer--
(I) is required in order to provide
insurance coverage; and
(II) does not have the potential to
endanger the safety of a survivor of
domestic violence, dating violence,
sexual assault, or stalking.
(B) Rule of construction.--Nothing in this
paragraph may be construed to limit or preclude a
survivor of domestic violence, dating violence, sexual
assault, or stalking from obtaining the survivor's own
insurance records from an insurer.
(2) Authority of survivors.--A survivor of domestic
violence, dating violence, sexual assault, or stalking, at the
absolute discretion of the survivor, may provide evidence of
domestic violence, dating violence, sexual assault, or stalking
to an insurer for the limited purpose of facilitating treatment
of a condition related to such violence, assault, or stalking
or demonstrating that a condition is related to such violence,
assault, or stalking. Nothing in this paragraph shall be
construed as authorizing an insurer to disregard such provided
evidence.
SEC. 503. INSURANCE PROTOCOLS FOR SURVIVORS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING.
Insurers shall develop and adhere to written policies specifying
procedures to be followed by employees, contractors, producers, agents,
and brokers for the purpose of protecting the safety and privacy of a
survivor of domestic violence, dating violence, sexual assault, or
stalking and otherwise implementing this subtitle when taking an
application, investigating a claim, or taking any other action relating
to a policy or claim involving a survivor of domestic violence, dating
violence, sexual assault, or stalking.
SEC. 504. REASONS FOR ADVERSE ACTIONS.
An insurer that takes an action that adversely affects a survivor
of domestic violence, dating violence, sexual assault, or stalking
shall advise the applicant or insured who is the survivor of domestic
violence, dating violence, sexual assault, or stalking of the specific
reasons for the action in writing. For purposes of this section,
reference to general underwriting practices or guidelines shall not
constitute a specific reason.
SEC. 505. LIFE INSURANCE.
Nothing in this subtitle shall be construed to prohibit a life
insurer from declining to issue a life insurance policy if the
applicant or prospective owner of the policy is or would be designated
as a beneficiary of the policy, and if--
(1) the applicant or prospective owner of the policy lacks
an insurable interest in the insured; or
(2) the applicant or prospective owner of the policy is
known, on the basis of police or court records, to have
committed an act of domestic violence, dating violence, sexual
assault, or stalking against the proposed insured.
SEC. 506. SUBROGATION WITHOUT CONSENT PROHIBITED.
Subrogation of claims resulting from domestic violence, dating
violence, sexual assault, or stalking is prohibited without the
informed consent of the survivor of domestic violence, dating violence,
sexual assault, or stalking.
SEC. 507. ENFORCEMENT.
(a) Federal Trade Commission.--Any act or practice prohibited by
this subtitle shall be treated as an unfair and deceptive act or
practice pursuant to section 5 of the Federal Trade Commission Act (15
U.S.C. 45) and the Federal Trade Commission shall enforce this subtitle
in the same manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and provisions of the
Federal Trade Commission Act were incorporated into and made a part of
this subtitle, including issuing a cease and desist order granting any
individual relief warranted under the circumstances, including
temporary, preliminary, and permanent injunctive relief and
compensatory damages.
(b) Private Cause of Action.--
(1) In general.--An applicant or insured who believes that
the applicant or insured has been adversely affected by an act
or practice of an insurer in violation of this subtitle may
maintain an action against the insurer in a Federal or State
court of original jurisdiction.
(2) Relief.--Upon proof of such conduct by a preponderance
of the evidence in an action described in paragraph (1), the
court may award appropriate relief, including temporary,
preliminary, and permanent injunctive relief and compensatory
and punitive damages, as well as the costs of suit and
reasonable fees for the aggrieved individual's attorneys and
expert witnesses.
(3) Statutory damages.--With respect to compensatory
damages in an action described in paragraph (1), the aggrieved
individual may elect, at any time prior to the rendering of
final judgment, to recover in lieu of actual damages, an award
of statutory damages in the amount of $5,000 for each
violation.
SEC. 508. APPLICABILITY.
This subtitle shall apply with respect to any action taken after
the enactment of this Act.
Subtitle B--Supporting and Empowering Survivors
SEC. 511. STUDY AND REPORTS ON BARRIERS TO SURVIVORS' ECONOMIC SECURITY
ACCESS.
(a) Study.--The Secretary of Health and Human Services, in
consultation with the Secretary of Labor, shall conduct a study on the
barriers that survivors of domestic violence, dating violence, sexual
assault, or stalking throughout the United States experience in
maintaining economic security as a result of issues related to domestic
violence, dating violence, sexual assault, or stalking.
(b) Reports.--Not later than January 1, 2017, and every five years
thereafter, the Secretary of Health and Human Services, in consultation
with the Secretary of Labor, shall submit a report to Congress on the
study conducted under subsection (a).
(c) Contents.--The study and reports under this section shall
include--
(1) identification of geographic areas in which State laws,
regulations, and practices have a strong impact on the ability
of survivors of domestic violence, dating violence, sexual
assault, or stalking to exercise--
(A) any rights under this Act without compromising
personal safety or the safety of others, including
family members and excluding the abuser; and
(B) other components of economic security;
(2) identification of geographic areas with shortages in
resources for such survivors, with an accompanying analysis of
the extent and impact of such shortage;
(3) analysis of factors related to industries, workplace
settings, employer practices, trends, and other elements that
impact the ability of such survivors to exercise any rights
under this Act without compromising personal safety or the
safety of others, including family members;
(4) the recommendations of the Secretary of Health and
Human Services and the Secretary of Labor with respect to
resources, oversight, and enforcement tools to ensure
successful implementation of the provisions of this Act in
order to support the economic security and safety of survivors
of domestic violence, dating violence, sexual assault, or
stalking; and
(5) best practices for States, employers, health carriers,
insurers, and other private entities in addressing issues
related to domestic violence, dating violence, sexual assault,
or stalking.
SEC. 512. DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING EDUCATION AND INFORMATION PROGRAMS FOR
SURVIVORS.
(a) Definitions.--In this section, the terms ``employ'',
``employee'', ``employer'', and ``State'' have the meanings given such
terms in section 201.
(b) Public Education Program.--
(1) In general.--The Secretary of Labor, in conjunction
with the Secretary of Health and Human Services (through the
Director of the Centers for Disease Control and Prevention and
the grant recipient carrying out the National Resource Center
on Domestic Violence) and the Attorney General (through the
Principal Deputy Director of the Office on Violence Against
Women), shall coordinate and provide for a national public
outreach and education campaign to raise public awareness of
domestic violence, dating violence, sexual assault, and
stalking, including outreach and education for employers,
service providers, teachers, and other key partners.
(2) Dissemination.--The Secretary of Labor, in conjunction
with the Secretary of Health and Human Services and the
Attorney General, as described in paragraph (1), may
disseminate information through the public outreach and
education campaign on the resources and rights referred to in
this subsection directly or through arrangements with health
agencies, professional and nonprofit organizations, consumer
groups, labor organizations, institutions of higher education,
clinics, the media, and Federal, State, and local agencies.
(3) Information.--The information disseminated under
paragraph (2) shall include, at a minimum, a description of--
(A) the resources and rights that are--
(i) available to survivors of domestic
violence, dating violence, sexual assault, or
stalking; and
(ii) established in this Act and the
Violence Against Women Act of 1994 (42 U.S.C.
13925 et seq.);
(B) guidelines and best practices on prevention of
domestic violence, dating violence, stalking, and
sexual assault;
(C) resources that promote healthy relationships
and communication skills;
(D) resources that encourage bystander intervention
in a situation involving domestic violence, dating
violence, stalking, or sexual assault;
(E) resources that promote workplace policies that
support and help maintain the economic security of
survivors of domestic violence, dating violence, sexual
assault, or stalking; and
(F) resources and rights that the heads of Federal
agencies described in paragraph (2) determine are
appropriate to include.
(c) Information Program for Employers.--
(1) In general.--The Secretary of Labor and the Secretary
of Health and Human Services, in consultation with major
women's advocacy groups and medical and public health
organizations, shall develop and disseminate to employers
information on the entitlement of survivors of domestic
violence, dating violence, sexual assault, or stalking to safe
leave under title II.
(2) Information.--The information disseminated under
paragraph (1) shall include, at a minimum--
(A) information describing employers'
responsibilities and employees' rights under title II;
(B) recommendations for carrying out those
responsibilities and providing for those rights;
(C) recommendations for supporting employees when
the employees seek safe leave under title II;
(D) information on best practices for supporting
survivors of domestic violence, dating violence, sexual
assault, or stalking;
(E) information on best practices for preventing
domestic violence, dating violence, sexual assault, and
stalking; and
(F) information explaining how to obtain additional
copies of the information developed under paragraph (1)
for distribution to the employees.
(d) Study on Workplace Responses.--The Secretary of Labor, in
conjunction with the Secretary of Health and Human Services, shall
conduct a study on the status of workplace responses to employees who
experience domestic violence, dating violence, sexual assault, or
stalking while employed, in each State and nationally, to improve the
access of survivors of domestic violence, dating violence, sexual
assault, or stalking to supportive resources and economic security.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, such sums as may be necessary
for each of fiscal years 2016 through 2020.
SEC. 513. INVESTING IN PUBLIC HEALTH INFRASTRUCTURE TO IMPROVE SUPPORT
FOR SURVIVORS.
Section 303(c) of the Family Violence Prevention and Services Act
(42 U.S.C. 10403(c)) is amended by striking ``314'' and all that
follows and inserting ``314 $15,000,000 for each of fiscal years 2016
through 2020.''.
SEC. 514. FINANCIAL LITERACY AND ADVOCACY FOR SURVIVORS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING.
(a) Eligible Entity Defined.--In this section, the term ``eligible
entity'' means an entity that is--
(1) a State or tribal domestic violence coalition or sexual
assault coalition, consistent with this Act;
(2) a State or local survivor services organization; or
(3) an organization with demonstrated expertise in
providing financial literacy support and advocacy services, but
only if such organization will provide such support and
services in partnership with an entity described in paragraph
(1) or (2).
(b) Grants Authorized.--The Secretary of Health and Human Services
is authorized to award competitive grants to eligible entities to--
(1) develop and disseminate a model program, and related
materials, for providing financial literacy support and
advocacy services to survivors of domestic violence, dating
violence, sexual assault, or stalking, and such support and
services shall take place in national resource centers,
established and operated under section 41501 of the Violence
Against Women Act of 1994 (42 U.S.C. 14043f); and
(2) provide technical assistance with respect to such model
program.
(c) Applications.--An eligible entity seeking a grant under this
section shall submit an application to the Secretary of Health and
Human Services at such time, in such form and manner, and containing
such information as the Secretary specifies.
(d) Reports to Congress.--The Secretary of Health and Human
Services shall annually submit a report to Congress on the grant
program established under this section.
(e) Authorization of Appropriations.--
(1) Authorization.--There is authorized to be appropriated
$1,000,000 for fiscal year 2016 to carry out this section.
(2) Three-year availability of grant funds.--Not later than
three years after the date on which a grant is awarded under
this section, the recipient of such grant shall return to the
Secretary of Health and Human Services any unused portion of
such grant, together with any earnings on such unused portion.
TITLE VI--SEVERABILITY
SEC. 601. SEVERABILITY.
If any provision of this Act, any amendment made by this Act, or
the application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of the
provisions of this Act, the amendments made by this Act, and the
application of such provisions or amendments to any person or
circumstance shall not be affected.
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