,,ii #aafth ,,congress #ast ,session ,s4 #fbg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bh1 #bjai,mrs4 ,murray 7for herself1 ,ms4 ,baldwin1 ,mr4 ,blumenthal1 ,mr4 ,cardin1 ,mrs4 ,gillibrand1 ,ms4 ,hirono1 ,ms4 ,klobuchar1 ,mr4 ,leahy1 ,mr4 ,menendez1 ,mr4 ,sanders1 ,ms4 ,warren1 ,ms4 ,harris1 ,mr4 ,brown1 and ,mrs4 ,feinstein7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to promote the economic security and safety of survivors of domestic violence1 dating violence1 sexual assault1 or stalking1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,security ,and ,financial ,empowerment ,act of #bjai or the ,,safe ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,,title ,i--,reauthorization of ,national ,resource ,center grants on workplace responses to assist survivors of domestic and sexual violence ,sec4 #aja4 ,grant program reauthorization4 ,,title ,,ii--,safe leave for addressing domestic violence1 dating violence1 sexual assault1 or stalking ,sec4 #bja4 ,definitions4 ,sec4 #bjb4 ,entitlement to safe leave for addressing domestic violence1 dating violence1 sexual assault1 or stalking4 ,sec4 #bjc4 ,existing leave usable for addressing domestic violence1 dating violence1 sexual assault1 or stalking4 ,sec4 #bjd4 ,emergency benefits4 ,sec4 #bje4 ,rule of construction4 ,sec4 #bjf4 ,regulations4 ,,title ,,iii--,survivors' employment sustainability ,sec4 #cja4 ,short title4 ,sec4 #cjb4 ,prohibited discriminatory acts4 ,sec4 #cjc4 ,enforcement4 ,sec4 #cjd4 ,regulations4 ,sec4 #cje4 ,attorney's fees4 ,,title ,,iv--,entitlement to unemployment compensation for survivors of domestic violence1 dating violence1 sexual assault1 or stalking ,sec4 #dja4 ,unemployment compensation and training provisions4 ,,title ,v--,insurance protections and support for survivors of domestic violence1 dating violence1 sexual assault1 or stalking ,subtitle ,a--,insurance protections ,sec4 #eja4 ,definitions4 ,sec4 #ejb4 ,discriminatory acts prohibited4 ,sec4 #ejc4 ,insurance protocols for survivors of domestic violence1 dating violence1 sexual assault1 or stalking4 ,sec4 #ejd4 ,reasons for adverse actions4 ,sec4 #eje4 ,life insurance4 ,sec4 #ejf4 ,subrogation without consent prohibited4 ,sec4 #ejg4 ,enforcement4 ,sec4 #ejh4 ,applicability4 ,subtitle ,b--,supporting and empowering survivors ,sec4 #eaa4 ,study and reports on barriers to survivors' economic security access4 ,sec4 #eab4 ,domestic violence1 dating violence1 sexual assault1 and stalking education and information programs for survivors4 ,sec4 #eac4 ,investing in public health infrastructure to improve support for survivors4 ,sec4 #ead4 ,financial literacy and advocacy for survivors of domestic violence1 dating violence1 sexual assault1 or stalking4 ,,title ,,vi--,severability ,sec4 #fja4 ,severability4 #b4 ,findings ,congress finds the following3 7#a7 ,over #a in #c women experience sexual violence1 and #a in #e women have survived completed or attempted rape4 ,such violence has a devastating impact on women's physical and emotional health1 financial security1 and ability to maintain their jobs1 and thus impacts interstate commerce and economic security4 7#b7 ,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 partner4 ,domestic violence can include physical1 sexual1 emotional1 economic1 or psychological actions or threats of actions that influence another person4 ,domestic violence includes any behaviors that intimidate1 manipulate1 humiliate1 isolate1 frighten1 terrorize1 coerce1 threaten1 blame1 hurt1 injure1 or wound an individual4 7#c7 ,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 ,states4 ,nearly #a in #d women and #a in #i men in the ,united ,states have suffered sexual violence1 physical violence1 or stalking by an intimate partner4 7#d7 ,homicide is one of the leading causes of death for women on the job4 ,domestic partners or relatives commit #dc percent of workplace homicides against women4 ,one study found that intimate partner violence resulted in #adb homicides among women at work in the ,united ,states from #bjjc to #bjjh1 a figure which represents #bb percent of the #fdh workplace homicides among women during the period4 ,in fact1 in #bjaj1 homicides against women at work increased by #ac percent despite continuous declines in overall workplace homicides in recent years4 7#e7 ,women in the ,united ,states are #aa times more likely to be murdered with guns than women in other high-income countries4 ,female intimate partners are more likely to be murdered with a firearm than all other means combined4 ,the presence of a gun in domestic violence situations increases the risk of homicide for women by #ejj percent4 7#f7 ,violence can have a dramatic impact on the survivor of such violence4 ,studies indicate that #dd percent of surveyed employed adults experienced the effect of domestic violence in the workplace1 and #fd percent indicated their workplace performance was affected4 ,another recent survey found that #gh percent of offenders used workplace resources to express anger1 check up on1 pressure1 or threaten a survivor of sexual assault1 whether occurring in or out of the workplace1 can impair an employee's work performance1 require time away from work1 and undermine the employee's ability to maintain a job4 ,nearly #ej percent of sexual assault survivors lose their jobs or are forced to quit in the aftermath of the assaults4 7#g7 ,in a study commission by the ,office on ,violence ,against ,women of the ,department of ,justice1 #ff 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 school1 socially isolating the survivor1 controlling or monitoring their mobility1 using physical or sexual violence1 and damaging or destroying personal property4 7#h7 ,studies find that #fj percent of single women lack economic security and #ha percent of households with single mothers live in economic insecurity4 ,significant barriers survivors confront include housing1 transportation1 and child care4 ,ninety-two percent of homeless women have experienced domestic violence1 and more than #ej percent cite domestic violence as the direct cause for homelessness4 ,survivors are deprived of their autonomy1 liberty1 and security1 and face tremendous threats to their health and safety4 7#i7 ,the ,centers for ,disease ,control and ,prevention report that survivors of severe intimate partner violence lose nearly #h1jjj1jjj days of paid work1 which is the equivalent of more than #cb1jjj full-time jobs and almost #e1fjj1jjj days of household productivity each year4 ,therefore1 women disproportionately need time off to care for their health or to find safety solutions1 such as obtaining a restraining order or finding housing1 to avoid or prevent further violence4 7#aj7 ,annual costs of intimate partner violence are estimated over #h1cjj1jjj1jjj4 ,according to the ,centers for ,disease ,control and ,prevention1 the costs of intimate partner violence against women in #aiie exceeded an estimated #e1hjj1jjj1jjj4 ,these costs included nearly #d1ajj1jjj1jjj in the direct costs of medical and mental health care and nearly #a1hjj1jjj1jjj in the indirect costs of lost productivity4 ,these statistics are generally considered to be underestimated because the costs associated with the criminal justice system are not included4 7#aa7 ,fifty-five percent of senior executives recently surveyed said domestic violence has a harmful effect on their company's productivity1 and more than #gj percent said domestic violence negatively affects attendance4 ,seventy-eight percent of human resources professionals consider partner violence a workplace issue4 ,however1 more than #gj percent of ,united ,states workplaces have no formal program or policy that addresses workplace violence1 let alone domestic violence4 ,in fact1 only four percent of employers provided training on domestic violence4 7#ab7 ,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 independence4 ,however1 domestic violence1 dating violence1 sexual assault1 and stalking often negatively impact a survivor's ability to maintain employment4 7#ac7 ,abusers frequently seek to exert financial control over their partners by actively interfering with their ability to work1 including preventing their partners from going to work1 harassing their partners at work1 limiting their partners' access to cash or transportation1 and sabotaging their partners' child care arrangements4 7#ad7 ,economic abuse refers to behaviors that control an intimate partner's ability to acquire1 use1 and maintain access to1 money1 credit1 ownership of assets1 or access to governmental or private financial benefits1 including defaulting on joint obligations 7e4g4 school loans1 credit card debt1 mortgage1 or rent74 ,other forms may include preventing someone from attending school1 threatening to or actually terminating employment1 controlling or withholding access to cash1 checking1 or credit accounts1 attempts to damage or sabotage an intimate partner's creditworthiness1 including forcing a survivor to write bad checks1 including forcing a survivor to default on payments related to household needs1 such as housing1 or forcing a survivor into bankruptcy4 7#ae7 ,the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh71 and the amendments made by such ,act1 ensures that most health plans must cover preventive services1 including screening and counseling for domestic violence1 at no additional cost4 ,in addition1 it prohibits insurance companies from discriminating against patients for preexisting conditions1 like domestic violence4 7#af7 ,yet1 more can be done to help survivors4 ,federal law in effect on the day before the date of enactment of this ,act does not explicitly-- 7,a7 authorize survivors of domestic violence1 dating violence1 sexual assault1 or stalking to take leave from work to seek legal assistance and redress1 counseling1 or assistance with safety planning activities2 7,b7 address the eligibility of survivors of domestic violence1 dating violence1 sexual assault1 or stalking for unemployment compensation2 7,c7 provide job protection to survivors of domestic violence1 dating violence1 sexual assault1 or stalking2 7,d7 prohibit insurers and employers who self-insure employee benefits from discriminating against survivors of domestic violence1 dating violence1 sexual assault1 or stalking and those who help them in determining eligibility1 rates charged1 and standards for payment of claims2 or 7,e7 prohibit insurers from disclosing information about abuse and the location of the survivors through insurance databases and other means4 7#ag7 ,october is ,national ,domestic ,violence ,awareness ,month4 7#ah7 ,this ,act aims to empower survivors of domestic violence1 dating violence1 sexual assault1 or stalking to be free from violence1 hardship1 and control1 which restrains basic human rights to freedom and safety in the ,united ,states4 ,i ,reauthorization of ,national ,resource ,center grants on workplace responses to assist survivors of domestic and sexual violence #aja4 ,grant program reauthorization 7a7 ,information and assistance to survivor service providers and community organizations ,section #daeja7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abeja7;a77 is amended by striking the period at the end and inserting 1 and to survivor services organizations 7as defined in section #bja of the ,security ,and ,financial ,empowerment ,act of #bjai7 7including community based organizations7 and tribal1 ,state1 and territorial domestic violence or sexual assault coalitions to enable the organizations and coalitions to provide resource materials or other assistance to employers1 labor organizations1 or employees44 7b7 ,administrative provisions ,section #daeja of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abeja7 is amended by adding at the end the following3 7g7 ,administrative ,costs 7#a7 ,in general ,from the amount appropriated pursuant to subsection 7e7 for each fiscal year1 the ,attorney ,general shall not use more than #b4e percent for the administration and monitoring of grants made available under this section4 7#b7 ,evaluations ,from the amount appropriated pursuant to subsection 7e7 for each fiscal year1 the ,director shall not use more than #e percent to award contracts or cooperative agreements to entities with demonstrated expertise in program evaluation1 to evaluate programs under this section4 4 ,,ii ,safe leave for addressing domestic violence1 dating violence1 sexual assault1 or stalking #bja4 ,definitions ,as used in this title1 the following definitions apply3 7#a7 ,domestic violence2 dating violence2 sexual assault2 stalking ,the terms domestic violence1 dating violence1 sexual assault1 and stalking have the meanings given the terms in section #djjjb of the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #abbia74 7#b7 ,domestic partner 7,a7 ,in general ,the term domestic partner1 with respect to an individual1 means another individual with whom the first individual is in a committed relationship4 7,b7 ,committed relationship defined ,the term committed relationship means a relationship between two individuals1 each at least #ah years of age1 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 welfare4 ,the term includes any such relationship between two individuals1 including individuals of the same sex1 that is granted legal recognition by a ,state or political subdivision of a ,state as a marriage or analogous relationship1 including a civil union or domestic partnership4 7#c7 ,employ2 ,state ,the terms employ and ,state have the meanings given the terms in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#d7 ,employee 7,a7 ,in general ,the term employee means any person employed by an employer4 ,in the case of an individual employed by a public agency1 such term means an individual employed as described in section #c7;e77#b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e77#b774 7,b7 ,basis ,the term includes a person employed as described in subparagraph 7,a7 on a full- or part-time basis1 for a fixed time period1 on a temporary basis1 pursuant to a detail1 or as a participant in a work assignment as a condition of receipt of ,federal or ,state income-based public assistance4 7#e7 ,employer ,the term employer-- 7,a7 means any person engaged in commerce or in any industry or activity affecting commerce who employs #ae or more individuals2 and 7,b7 includes any person acting directly or indirectly in the interest of an employer in relation to an employee1 and includes a public agency that employs individuals as described in section #c7;e77#b7 of the ,fair ,labor ,standards ,act of #aich1 but does not include any labor organization 7other than when acting as an employer7 or anyone acting in the capacity of officer or agent of such labor organization4 7#f7 ,employment benefits ,the term employment benefits means all benefits provided or made available to employees by an employer1 including group life insurance1 health insurance1 disability insurance1 sick leave1 annual leave1 educational benefits1 and pensions1 regardless of whether such benefits are provided by a practice or written policy of an employer or through an employee benefit plan1 as defined in section #c7c7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajjb7c774 7#g7 ,family or household member ,the term family or household member1 used with respect to a person1 means an individual who-- 7,a7 is a son or daughter1 parent1 spouse1 domestic partner1 or any other individual related by blood or affinity whose close association with the person is the equivalent of a family relationship2 and 7,b7 is not the abuser 7as defined in section #eja7 involved4 7#h7 ,person ,the term person has the meaning given the term in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#i7 ,public agency ,the term public agency has the meaning given the term in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#aj7 ,public assistance ,the term public assistance includes cash1 benefits issued under a supplement nutrition assistance program under section #d of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjac71 medical assistance1 housing assistance1 and other benefits provided on the basis of income by a public agency4 7#aa7 ,survivor of domestic violence1 dating violence1 sexual assault1 or stalking ,the term survivor of domestic violence1 dating violence1 sexual assault1 or stalking includes-- 7,a7 a person who has experienced or is experiencing domestic violence1 dating violence1 sexual assault1 or stalking2 and 7,b7 a person whose family or household member has experienced or is experiencing domestic violence1 dating violence1 sexual assault1 or stalking4 7#ab7 ,survivor services organization ,the term survivor services organization means a nonprofit1 nongovernmental organization that provides assistance to survivors of domestic violence1 dating violence1 sexual assault1 or stalking1 or to advocates for such survivors1 including a rape crisis center1 an organization carrying out a domestic violence program1 an organization operating a shelter or providing counseling services1 an organization providing assistance through the legal process1 or another entity that provides assistance to such survivors4 #bjb4 ,entitlement to safe leave for addressing domestic violence1 dating violence1 sexual assault1 or stalking 7a7 ,safe leave generally ,an employer shall provide each employee employed by the employer not less than #cj days of safe leave in a #ab-month period to be used as described in subsection 7c74 ,the #cj days of safe leave may be unpaid leave1 except that the employee may elect to use the paid safe leave earned by the employee under subsection 7b77#a7 or substitute leave under section #bjc4 ,an employee may take not more than a total of #cj days of unpaid safe leave1 and #ef hours of paid safe leave earned by the employee under subsection 7b77#a71 in a #ab-month period under this section 7which days and hours may be taken intermittently or on a reduced leave schedule71 in addition to any leave taken under title ,i of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfaa et seq471 or subchapter ,v of chapter #fc of title #e1 ,united ,states ,code4 7b7 ,safe leave 7#a7 ,in general ,in addition to the #cj days of safe leave described in subsection 7a71 the employer shall provide each employee employed by the employer not less than one hour of earned paid safe leave for every #cj hours worked1 to be used as described in subsection 7c74 ,an employer shall not be required to permit an employee to earn1 under this subsection1 more than #ef hours of paid safe leave in a #ab-month period1 unless the employer chooses to set a higher limit4 7#b7 ,exempt employees 7,a7 ,in general ,except as provided in paragraph 7#c71 for purposes of this subsection1 an employee who is exempt from overtime requirements under section #ac7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7;a77#a77 shall be assumed to work #dj hours in each workweek4 7,b7 ,shorter normal workweek ,if the normal workweek of such an employee is less than #dj hours1 the employee shall earn paid safe leave based upon that normal workweek4 7#c7 ,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 employment4 ,an employee shall be entitled to use the earned paid safe leave beginning on the #fjth calendar day following commencement of the employee's employment4 ,after that #fjth calendar day1 the employee may use the paid safe leave as the leave is earned4 ,an employer may1 at the discretion of the employer1 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 #fjth day of employment4 7#d7 ,carryover 7,a7 ,in general ,except as provided in subparagraph 7,b71 paid safe leave earned under this subsection shall carry over from one year to the next4 7,b7 ,construction ,this title shall not be construed to require an employer to permit an employee to earn more than #ef hours of paid safe leave under this subsection at a given time4 7#e7 ,employers with existing policies ,any employer with a paid leave policy who makes available an amount of paid leave that is sufficient to meet the requirements of this subsection and that may be used for the same purposes and under the same conditions as the purposes and conditions outlined in subsection 7c7 shall not be required to permit an employee to earn additional paid safe leave under this subsection4 7#f7 ,construction ,nothing in this section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee's termination1 resignation1 retirement1 or other separation from employment for earned paid safe leave that has not been used4 7#g7 ,reinstatement ,if an employee is separated from employment with an employer and is rehired1 within #ab months after that separation1 by the same employer1 the employer shall 7in addition to providing unpaid safe leave in accordance with subsection 7a77 reinstate the employee's previously earned paid safe leave4 ,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 employer4 7c7 ,uses ,safe leave earned under this section may be used by an employee for an absence resulting from domestic violence1 dating violence1 sexual assault1 or stalking1 if the leave is to-- 7#a7 seek medical attention for the employee or the employee's family or household member1 to recover from physical or psychological injury or disability caused by domestic violence1 dating violence1 sexual assault1 or stalking2 7#b7 obtain or assist a family or household member in obtaining services from a survivor services organization2 7#c7 obtain or assist a family or household member in obtaining behavioral health services or counseling2 7#d7 participate in safety planning1 temporary or permanent relocation1 or taking other actions1 to increase the safety of the employee or family or household member2 or 7#e7 take legal action1 including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic violence1 dating violence1 sexual assault1 or stalking4 7d7 ,procedures 7#a7 ,request ,safe leave shall be provided upon the oral or written request of an employee4 ,such request shall-- 7,a7 include the expected duration of the period of such leave2 and 7,b7 be provided as soon as practicable after the employee is aware of the need for such period4 7#b7 ,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 employer1 unless scheduling the period of leave in that manner is not practicable4 7#c7 ,certification 7,a7 ,in general ,an employer may require that a request for safe leave under this section for a purpose described in subsection 7c7 be supported-- 7i7 by any form of certification 7but the employer may not specify the particular form of certification to be provided7 consisting of-- 7,i7 a sworn statement of the employee or the family or household member1 as the case may be2 7,,ii7 a police report indicating that the employee1 or a family or household member of the employee1 was a survivor of domestic violence1 dating violence1 sexual assault1 or stalking2 7,,iii7 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 violence1 dating violence1 sexual assault1 or stalking1 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 violence1 dating violence1 sexual assault1 or stalking2 7,,iv7 documentation from an employee or volunteer working for a survivor services organization1 an attorney1 a police officer1 a medical professional1 a social worker1 an antiviolence counselor1 a member of the clergy1 or another professional1 affirming that the employee or a family or household member of the employee is a survivor of domestic violence1 dating violence1 sexual assault1 or stalking2 or 7,v7 other corroborating evidence concerning the employee or family or household member2 and 7ii7 if the survivor is the employee's family or household member1 in order to verify the employee's relationship with the survivor1 by information that may include a sworn statement of the employee1 a birth certificate1 a court document1 or other corroborating evidence4 7,b7 ,survivor information protections 7i7 ,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 work1 and the employee shall not be required to explain the details of the domestic violence1 dating violence1 sexual assault1 or stalking involved4 7ii7 ,limitation on information requirements ,an employer may not require an employee1 in order to obtain leave under this section1 to produce1 discuss with the employer1 or provide-- 7,i7 any additional information1 beyond the information enumerated in this subsection that establishes that the employee is eligible for leave under this section2 or 7,,ii7 any information that would compromise the safety of the employee or family or household member in any way4 7,c7 ,timeliness ,the employee shall provide a copy of such certification to the employer in a timely manner1 not later than #cj days after the first day of the period of leave to the extent possible4 ,the employer shall not delay the commencement of the period of leave on the basis that the employer has not yet received the certification4 7#d7 ,prohibition ,an employer may not require1 as a condition of providing safe leave under this title1 that the employee involved search for or find a replacement employee to cover the hours during which the employee is using safe leave4 7e7 ,confidentiality2 nondisclosure for survivors 7#a7 ,confidentiality ,all information provided to the employer pursuant to subsection 7c7 or 7d71 and the facts that the employee or family or household member is a survivor of domestic violence1 dating violence1 sexual assault1 or stalking1 and the employee has requested or obtained safe leave pursuant to this section1 shall be retained in the strictest confidence by the employer1 except to the extent that disclosure is-- 7,a7 requested or consented to by the employee in writing2 or 7,b7 otherwise required by applicable ,federal or ,state law4 7#b7 ,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 violence1 dating violence1 sexual assault1 or stalking with one or more of the individuals or entities providing information under subclause 7,,ii71 7,,iii71 7,,iv71 or 7,v7 of clause 7i71 or clause 7ii71 of subsection 7d77#c77;,a74 7#c7 ,nondisclosure ,if an employer possesses health information about an employee or an employee's family or household member1 such information shall-- 7,a7 be maintained on a separate form and in a separate file from other personnel information2 7,b7 be treated as a confidential medical record2 and 7,c7 not be disclosed except to the affected employee or with the written permission of the affected employee4 7f7 ,employment and benefits 7#a7 ,restoration to position 7,a7 ,in general ,except as provided in paragraph 7#b71 any employee who takes leave under this section for the intended purpose of the leave shall be entitled1 on return from such leave-- 7i7 to be restored by the employer to the position of employment held by the employee when the leave commenced2 or 7ii7 to be restored to an equivalent position with equivalent employment benefits1 pay1 and other terms and conditions of employment4 7,b7 ,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 commenced4 7,c7 ,limitations ,nothing in this subsection shall be construed to entitle any restored employee to any accrual1 right1 benefit1 or position described in section #ajd7;a77#c7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfad7;a77#c774 7,d7 ,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 work4 7#b7 ,exemption concerning certain highly compensated employees 7,a7 ,denial of restoration ,an employer may deny restoration under paragraph 7#a7 to any employee described in subparagraph 7,b7 if-- 7i7 such denial is necessary to prevent substantial and grievous economic injury to the operations of the employer2 7ii7 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 occur2 and 7iii7 in any case in which the leave has commenced1 the employee elects not to return to employment after receiving such notice4 7,b7 ,affected employees ,an employee referred to in subparagraph 7,a7 is a salaried employee who is among the highest paid #aj percent of the employees employed by the employer within #ge miles of the facility at which the employee is employed4 7#c7 ,maintenance of health benefits 7,a7 ,coverage ,except as provided in subparagraph 7,b71 during any period that an employee takes leave under this section1 the employer shall maintain coverage under any group health plan 7meaning a group health plan as defined in section #ejjj7;b77#a7 of the ,internal ,revenue ,code of #aihf or an employee welfare benefit plan as defined in section #c7a7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajjb7a777 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 leave4 7,b7 ,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-- 7i7 the employee fails to return from leave under this section after the period of leave to which the employee is entitled has expired2 and 7ii7 the employee fails to return to work for a reason other than-- 7,i7 the continuation of1 recurrence of1 or onset of an episode of domestic violence1 dating violence1 sexual assault1 or stalking1 that entitles the employee to leave pursuant to this section2 or 7,,ii7 other circumstances beyond the control of the employee4 7,c7 ,certification 7i7 ,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 7,i7 or 7,,ii7 of subparagraph 7,b77ii7 to provide1 within a reasonable period after making the claim1 certification to the employer that the employee is unable to return to work because of the circumstances that formed the basis for that claim4 7ii7 ,contents ,an employee may satisfy the certification requirement of clause 7i7 by providing to the employer-- 7,i7 a sworn statement of the employee2 7,,ii7 documentation from an employee1 agent1 or volunteer of a survivor services organization1 an attorney1 a member of the clergy1 or a medical or other professional1 from whom the employee or the employee's family or household member has sought assistance in addressing domestic violence1 dating violence1 sexual assault1 or stalking1 including the effects of domestic violence1 dating violence1 sexual assault1 or stalking2 7,,iii7 a police or court record2 or 7,,iv7 other corroborating evidence4 7,d7 ,limitation on information requirements ,an employer may not require an employee1 under subparagraph 7,c71 to produce1 discuss with the employer1 or provide-- 7i7 any additional information1 beyond the information enumerated in this paragraph that establishes that the employee is unable to return as described in subparagraph 7,c77i72 or 7ii7 any information that would compromise the safety of the employee or family or household member in any way4 7,e7 ,confidentiality ,all information provided to the employer pursuant to subparagraph 7,c71 including a statement of the employee or any other documentation1 record1 or corroborating evidence1 and the fact that the employee is not returning to work because of a reason described in subclause 7,i7 or 7,,ii7 of subparagraph 7,b77ii71 shall be retained in the strictest confidence by the employer1 except to the extent that disclosure is-- 7i7 requested or consented to by the employee in writing2 or 7ii7 otherwise required by applicable ,federal or ,state law4 7,f7 ,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 violence1 dating violence1 sexual assault1 or stalking with one or more of the individuals or entities providing information under subclause 7,,ii71 7,,iii71 or 7,,iv7 of subparagraph 7,c77ii74 7g7 ,prohibited acts 7#a7 ,interference with rights ,section #aje7;a7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfae7;a77 shall apply with respect to this title4 7#b7 ,interference with proceedings or inquiries ,section #aje7;b7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfae7;b77 shall apply with respect to this title4 7#c7 ,public agency sanctions ,it shall be unlawful for any public agency to deny1 reduce1 or terminate the benefits of1 or otherwise sanction any individual1 or otherwise discriminate 7including harassment or retaliation in any form or manner7 against any individual with respect to the amount1 terms1 or conditions of public assistance of the individual1 because the individual-- 7,a7 exercised or attempted to exercise any right provided under this section for the individual or the individual's family or household member2 or 7,b7 opposed any practice made unlawful by this section4 7h7 ,enforcement 7#a7 ,civil action by affected individuals 7,a7 ,liability ,any employer that violates subsection 7g7 shall be liable to any individual affected-- 7i7 for damages equal to-- 7,i7 the amount of-- 7aa7 any wages1 salary1 employment benefits1 or other compensation denied or lost to such individual by reason of the violation2 or 7bb7 in a case in which wages1 salary1 employment benefits1 or other compensation has not been denied or lost to the individual1 any actual monetary losses sustained by the individual as a direct result of the violation2 7,,ii7 the interest on the amount described in subclause 7,i7 calculated at the prevailing rate2 and 7,,iii7 an additional amount as liquidated damages equal to the sum of the amount described in subclause 7,i7 and the interest described in subclause 7,,ii71 except that if an employer that has violated subsection 7g7 proves to the satisfaction of the court that the act or omission that violated subsection 7g7 was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of subsection 7g71 such court may1 in the discretion of the court1 reduce the amount of the liability to the amount and interest determined under subclauses 7,i7 and 7,,ii71 respectively2 and 7ii7 for such equitable relief as may be appropriate1 including employment1 reinstatement1 and promotion4 7,b7 ,right of action ,an action to recover the damages or equitable relief prescribed in subparagraph 7,a7 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-- 7i7 the individuals2 or 7ii7 the individuals and other individuals similarly situated4 7,c7 ,fees and costs ,the court in such an action shall1 in addition to any judgment awarded to the plaintiff1 allow a reasonable attorney's fee1 reasonable expert witness fees1 and other costs of the action to be paid by the defendant4 7,d7 ,limitations ,the right provided by subparagraph 7,b7 to bring an action by or on behalf of any affected individual shall terminate-- 7i7 on the filing of a complaint by the ,secretary of ,labor in an action under paragraph 7#d7 in which restraint is sought of any further delay in the payment of the amount described in subparagraph 7,a77i7 to such individual by an employer responsible under subparagraph 7,a7 for the payment2 or 7ii7 on the filing of a complaint by the ,secretary of ,labor in an action under paragraph 7#b7 in which a recovery is sought of the damages described in subparagraph 7,a77i7 owing to an affected individual by an employer liable under subparagraph 7,a71 unless the action described in clause 7i7 or 7ii7 is dismissed without prejudice on motion of the ,secretary of ,labor4 7#b7 ,action by the ,secretary of ,labor 7,a7 ,administrative action ,the ,secretary of ,labor shall receive1 investigate1 and attempt to resolve complaints of violations of subsection 7g7 in the same manner as the ,secretary of ,labor receives1 investigates1 and attempts to resolve complaints of violations of sections #f and #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf and #bjg74 7,b7 ,civil action ,the ,secretary of ,labor may bring an action in any court of competent jurisdiction to recover the damages described in paragraph 7#a77;,a77i74 7,c7 ,sums recovered ,any sums recovered by the ,secretary of ,labor pursuant to subparagraph 7,b7 shall be held in a special deposit account and shall be paid1 on order of the ,secretary1 directly to each individual affected4 ,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 receipts4 7#c7 ,limitation 7,a7 ,in general ,except as provided in subparagraph 7,b71 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 brought4 7,b7 ,willful violation ,in the case of such action brought for a willful violation of subsection 7g71 such action may be brought within three years after the date of the last event constituting the alleged violation for which such action is brought4 7,c7 ,commencement ,in determining when an action is commenced by the ,secretary of ,labor under this subsection for the purposes of this paragraph1 it shall be considered to be commenced on the date when the complaint is filed4 7#d7 ,action for injunction by ,secretary of ,labor ,the district courts of the ,united ,states shall have jurisdiction1 for cause shown1 in an action brought by the ,secretary of ,labor-- 7,a7 to restrain violations of subsection 7g71 including the restraint of any withholding of payment of wages1 salary1 employment benefits1 or other compensation1 plus interest1 found by the court to be due to affected individuals2 or 7,b7 to award such other equitable relief as may be appropriate1 including employment1 reinstatement1 and promotion4 7#e7 ,solicitor of ,labor ,the ,solicitor of ,labor may appear for and represent the ,secretary of ,labor on any litigation brought under this subsection4 7#f7 ,employer liability under other laws ,nothing in this section shall be construed to limit the liability of an employer or public agency to an individual1 for harm suffered relating to the individual's experience of domestic violence1 dating violence1 sexual assault1 or stalking1 pursuant to any other ,federal or ,state law1 including a law providing for a legal remedy4 7#g7 ,library of ,congress ,notwithstanding any other provision of this subsection1 in the case of the ,library of ,congress1 the authority of the ,secretary of ,labor under this subsection shall be exercised by the ,librarian of ,congress4 7#h7 ,certain public agency employers 7,a7 ,agencies ,notwithstanding any other provision of this subsection1 in the case of a public agency that employs individuals as described in subparagraph 7,a7 or 7,b7 of section #c7;e77#b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e77#b77 7other than an entity of the legislative branch of the ,federal ,government71 subparagraph 7,b7 shall apply4 7,b7 ,authority ,in the case described in subparagraph 7,a71 the powers1 remedies1 and procedures provided in the case of a violation of chapter #fc of title #e1 ,united ,states ,code1 in that title to an employing agency1 in chapter #ab of that title to the ,merit ,systems ,protection ,board1 or in that title to any person alleging a violation of chapter #fc of that title1 shall be the powers1 remedies1 and procedures this subsection provides in the case of a violation of subsection 7g7 to that agency1 that ,board1 or any person alleging a violation of subsection 7g71 concerning an employee who is an individual described in subparagraph 7,a74 7#i7 ,public agencies providing public assistance ,consistent with regulations prescribed under section #bjf7;d71 the ,president shall ensure that any public agency that violates subsection 7g77#c71 or subsection 7g77#b7 by discriminating as described in subsection 7g77#c71 shall provide to any individual who receives a less favorable amount1 term1 or condition of public assistance as a result of the violation-- 7,a7 7i7 the amount of any public assistance denied or lost to such individual by reason of the violation2 and 7ii7 the interest on the amount described in clause 7i71 calculated at the prevailing rate2 and 7,b7 such equitable relief as may be appropriate4 #bjc4 ,existing leave usable for addressing domestic violence1 dating violence1 sexual assault1 or stalking ,an employee who is entitled to take paid or unpaid leave 7including family1 medical1 sick1 annual1 personal1 or similar leave7 from employment1 pursuant to ,state or local law1 a collective bargaining agreement1 or an employment benefits program or plan1 may elect to substitute any period of such leave for an equivalent period of leave provided under section #bjb4 #bjd4 ,emergency benefits 7a7 ,in general ,a ,state may use funds provided to the ,state under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq47 to provide nonrecurrent short-term emergency benefits to an individual for any period of leave the individual takes pursuant to section #bjb of this ,act4 7b7 ,eligibility 7#a7 ,in general ,an individual who is eligible for assistance under the ,state program funded under that part and for leave under section #bjb shall be eligible for such emergency benefits1 except as provided in paragraph 7#b74 7#b7 ,calculation ,in calculating eligibility for such emergency benefits1 the ,state shall count only the cash available or accessible to the individual4 7c7 ,timing 7#a7 ,applications ,an individual seeking emergency benefits under subsection 7a7 from a ,state shall submit an application to the ,state4 7#b7 ,benefits ,the ,state shall provide benefits to an eligible applicant under paragraph 7#a7 on an expedited basis1 and not later than seven days after the applicant submits an application under paragraph 7#a74 #bje4 ,rule of construction 7a7 ,more protective laws1 agreements1 programs1 and plans ,nothing in this title shall be construed to supersede any provision of any ,federal1 ,state1 or local law1 collective bargaining agreement1 or employment benefits program or plan that provides-- 7#a7 greater leave rights for survivors of domestic violence1 dating violence1 sexual assault1 or stalking than the rights established under this ,act2 or 7#b7 leave benefits for a larger population of survivors of domestic violence1 dating violence1 sexual assault1 or stalking 7as defined in such law1 agreement1 program1 or plan7 than the survivors of domestic violence1 dating violence1 sexual assault1 or stalking covered under this ,act4 7b7 ,less protective laws1 agreements1 programs1 and plans ,the rights established for survivors of domestic violence1 dating violence1 sexual assault1 or stalking under this ,act shall not be diminished by any ,state or local law1 collective bargaining agreement1 or employment benefits program or plan4 #bjf4 ,regulations 7a7 ,in general 7#a7 ,authority to issue regulations ,except as provided in subsections 7b71 7c71 and 7d71 the ,secretary of ,labor shall issue regulations to carry out this title4 7#b7 ,regulations regarding notices ,the regulations described in paragraph 7#a7 shall include regulations requiring every employer to post and keep posted1 in conspicuous places on the premises of the employer where notices to employees are customarily placed1 a notice1 to be prepared or approved by the ,secretary of ,labor1 summarizing the provisions of this title and providing information on procedures for filing complaints4 ,the ,secretary of ,labor shall develop such a notice and provide copies to employers upon request without charge4 7b7 ,library of ,congress ,the ,librarian of ,congress shall prescribe the regulations described in subsection 7a7 with respect to employees of the ,library of ,congress4 ,the regulations prescribed under this subsection shall1 to the extent appropriate1 be consistent with the regulations prescribed by the ,secretary of ,labor under subsection 7a74 7c7 ,certain public agency employers ,the ,office of ,personnel ,management shall prescribe the regulations described in subsection 7a7 with respect to individuals described in subparagraph 7,a7 or 7,b7 of section #c7;e77#b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e77#b77 7other than an individual employed by an entity of the legislative branch of the ,federal ,government74 ,the regulations prescribed under this subsection shall1 to the extent appropriate1 be consistent with the regulations prescribed by the ,secretary of ,labor under subsection 7a74 7d7 ,public agencies providing public assistance ,the ,president shall prescribe the regulations described in subsection 7a7 with respect to applicants for and recipients of public assistance1 in the case of violations of section #bjb7;g77#c71 or section #bjb7;g77#b7 due to discrimination described in section #bjb7;g77#c74 ,the regulations prescribed under this subsection shall1 to the extent appropriate1 be consistent with the regulations prescribed by the ,secretary of ,labor under subsection 7a74 ,,iii ,survivors' employment sustainability #cja4 ,short title ,this title may be cited as the ,survivors' ,employment ,sustainability ,act4 #cjb4 ,prohibited discriminatory acts 7a7 ,in general ,it shall be unlawful for an employer to fail or refuse to hire or discharge any individual1 or otherwise discriminate 7including harassment or retaliation in any form or manner7 against any individual with respect to the compensation1 terms1 conditions1 or privileges of employment of the individual1 and it shall be unlawful for a public agency to deny1 reduce1 or terminate the benefits of1 or otherwise sanction any individual1 or otherwise discriminate 7including harassment or retaliation in any form or manner7 against any individual with respect to the amount1 terms1 or conditions of public assistance of the individual1 because-- 7#a7 the individual involved is or the employer or public agency involved perceives that individual to be a survivor of domestic violence1 dating violence1 sexual assault1 or stalking1 or a survivor of communication of an intimate image of the individual2 7#b7 that individual attended1 participated in1 prepared for1 or requested leave to attend1 participate in1 or prepare for1 a criminal or civil court proceeding relating to an incident that caused the individual to be a survivor of domestic violence1 dating violence1 sexual assault1 or stalking1 or a survivor of communication of an intimate image of the individual2 7#c7 that individual1 in response to actual or threatened domestic violence1 dating violence1 sexual assault1 or stalking1 or actual or threatened communication of an intimate image of the individual1 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 involved2 or 7#d7 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 violence1 dating violence1 sexual assault1 or stalking1 or a survivor of communication of an intimate image of the individual4 7b7 ,definitions ,in this section3 7#a7 ,communication of an intimate image ,the term communication of an intimate image1 used with respect to an individual1 includes a transmission1 dissemination1 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-- 7,a7 obtained the image under circumstances in which a reasonable person would know or understand that the image was to remain private2 7,b7 knows or should have known that the depicted individual has not consented to the disclosure of the image2 and 7,c7 knows or reasonably should know that the disclosure would cause harm to the depicted individual4 7#b7 ,discriminate ,the term discriminate1 used with respect to the terms1 conditions1 or privileges of employment or with respect to the terms or conditions of public assistance1 includes failing to implement1 on request from an individual1 in response to actual or threatened domestic violence1 dating violence1 sexual assault1 or stalking1 or actual or threatened communication of an intimate image of the individual1 a reasonable safety procedure or a job-related modification to enhance the security of that individual or safeguard the workplace involved 7such as installation of a lock1 change of a telephone number or seating assignment1 provision of a transfer1 provision of leave1 modification of a schedule1 or adjustment of a work requirement71 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 agency4 7#c7 ,domestic violence2 dating violence2 sexual assault2 stalking ,the terms domestic violence1 dating violence1 sexual assault1 and stalking have the meanings given the terms in section #djjjb of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia74 7#d7 ,intimate image ,the term intimate image means any photograph1 motion picture film1 videotape1 digital image1 image from social media1 or any other recording or other image of an individual 7other than the person taking the image7 who is identifiable from the image itself or from information displayed with or otherwise connected to the image1 that-- 7,a7 was taken in a private setting2 7,b7 does not depict a matter of public concern2 and 7,c7 depicts-- 7i7 sexual activity1 including sexual intercourse or masturbation2 or 7ii7 a person's intimate body parts1 whether nude or visible through less than opaque clothing4 7#e7 ,safe leave terms ,the terms employ1 employee1 employer1 employment benefits1 person1 public agency1 public assistance1 ,state1 and survivor of domestic violence1 dating violence1 sexual assault1 or stalking have the meanings given the terms in section #bja4 7#f7 ,undue hardship ,the term undue hardship means an action requiring significant difficulty or expense4 #cjc4 ,enforcement 7a7 ,civil action by individuals 7#a7 ,liability ,any employer that violates section #cjb shall be liable to any individual affected for-- 7,a7 damages equal to the amount of any wages1 salary1 employment benefits1 or other compensation denied or lost to such individual by reason of the violation1 and the interest on that amount calculated at the prevailing rate2 7,b7 compensatory damages1 including damages for future pecuniary losses1 emotional pain1 suffering1 inconvenience1 mental anguish1 loss of enjoyment or life1 and other nonpecuniary losses2 7,c7 such punitive damages1 up to three times the amount of actual damages sustained1 as the court described in paragraph 7#b7 shall determine to be appropriate2 and 7,d7 such equitable relief as may be appropriate1 including employment1 reinstatement1 and promotion4 7#b7 ,right of action ,an action to recover the damages or equitable relief prescribed in paragraph 7#a7 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 #cjb4 7b7 ,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 7a77#a74 7c7 ,library of ,congress ,notwithstanding any other provision of this section1 in the case of the ,library of ,congress1 the authority of the ,secretary of ,labor under this section shall be exercised by the ,librarian of ,congress4 7d7 ,certain public agency employers 7#a7 ,agencies ,notwithstanding any other provision of this section1 in the case of a public agency that employs individuals as described in subparagraph 7,a7 or 7,b7 of section #c7;e77#b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e77#b77 7other than an entity of the legislative branch of the ,federal ,government71 paragraph 7#b7 shall apply4 7#b7 ,authority ,in the case described in paragraph 7#a71 the powers1 remedies1 and procedures provided 7in the case of a violation of section #bcjb7;b77#a77;,a7 of title #e1 ,united ,states ,code7 in title #e1 ,united ,states ,code1 to an employing agency1 the ,office of ,special ,counsel1 the ,merit ,systems ,protection ,board1 or any person alleging a violation of such section #bcjb7;b77#a77;,a71 shall be the powers1 remedies1 and procedures this section provides in the case of a violation of section #cjb to that agency1 that ,office1 that ,board1 or any person alleging a violation of section #cjb1 respectively1 concerning an employee who is an individual described in paragraph 7#a74 7e7 ,public agencies providing public assistance ,consistent with regulations prescribed under section #cjd7;d71 the ,president shall ensure that any public agency that violates section #cjb7;a7 by taking an action prohibited under section #cjb7;a7 with respect to the amount1 terms1 or conditions of public assistance1 shall provide to any individual who receives a less favorable amount1 term1 or condition of public assistance as a result of the violation-- 7#a7 7,a7 the amount of any public assistance denied or lost to such individual by reason of the violation2 and 7,b7 the interest on the amount described in subparagraph 7,a71 calculated at the prevailing rate2 and 7#b7 such equitable relief as may be appropriate4 #cjd4 ,regulations 7a7 ,in general ,except as provided in subsections 7b71 7c71 and 7d71 the ,secretary of ,labor shall issue regulations to carry out this title4 7b7 ,library of ,congress ,the ,librarian of ,congress shall prescribe the regulations described in subsection 7a7 with respect to employees of the ,library of ,congress4 ,the regulations prescribed under this subsection shall1 to the extent appropriate1 be consistent with the regulations prescribed by the ,secretary of ,labor under subsection 7a74 7c7 ,certain public agency employers ,the ,office of ,personnel ,management1 after consultation with the ,office of ,special ,counsel and the ,merit ,systems ,protection ,board1 shall prescribe the regulations described in subsection 7a7 with respect to individuals described in subparagraph 7,a7 or 7,b7 of section #c7;e77#b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e77#b77 7other than an individual employed by an entity of the legislative branch of the ,federal ,government74 ,the regulations prescribed under this subsection shall1 to the extent appropriate1 be consistent with the regulations prescribed by the ,secretary of ,labor under subsection 7a74 7d7 ,public agencies providing public assistance ,the ,president shall prescribe the regulations described in subsection 7a7 with respect to applicants for and recipients of public assistance1 in the case of violations of section #cjb7;a7 by a public agency due to taking an action prohibited under section #cjb7;a7 with respect to the amount1 terms1 or conditions of public assistance4 ,the regulations prescribed under this subsection shall1 to the extent appropriate1 be consistent with the regulations prescribed by the ,secretary of ,labor under subsection 7a74 #cje4 ,attorney's fees ,section #gbb7;b7 of the ,revised ,statutes 7#db ,u4,s4,c4 #aihh7;b77 is amended by inserting the ,survivors' ,employment ,sustainability ,act1 after title ,,vi of the ,civil ,rights ,act of #aifd14 ,,iv ,entitlement to unemployment compensation for survivors of domestic violence1 dating violence1 sexual assault1 or stalking #dja4 ,unemployment compensation and training provisions 7a7 ,unemployment compensation ,section #ccjd of the ,internal ,revenue ,code of #aihf 7relating to approval of ,state unemployment compensation laws7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#ah71 by striking and at the end2 7,b7 by redesignating paragraph 7#ai7 as paragraph 7#bj72 and 7,c7 by inserting after paragraph 7#ah7 the following new paragraph3 7#ai7 compensation shall not be denied where an individual is separated from employment due to circumstances resulting from the individual being a survivor of domestic violence1 dating violence1 sexual assault1 or stalking1 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 ,state2 and 2 and 7#b7 by adding at the end the following new subsection3 7g7 ,construction ,for purposes of subsection 7a77#ai7-- 7#a7 ,documentation ,in determining eligibility for compensation due to circumstances resulting from an individual being a survivor of domestic violence1 dating violence1 sexual assault1 or stalking-- 7,a7 ,states shall adopt1 or have adopted1 by statute1 regulation1 or policy a list of forms of documentation that may be presented to demonstrate eligibility2 and 7,b7 presentation of any one of such forms of documentation shall be sufficient to demonstrate eligibility1 except that a ,state may require the presentation of a form of identification in addition to the sworn statement of applicant described in paragraph 7#b77;,a74 7#b7 ,list of forms of documentation ,the list referred to in paragraph 7#a77;,a7 shall1 at a minimum1 include the following forms of documentation3 7,a7 ,a sworn statement of the applicant4 7,b7 ,a police or court record concerning the applicant4 7,c7 ,documentation from an employee or volunteer working for a survivor services organization1 an attorney1 a police officer1 a medical professional1 a social worker1 an antiviolence counselor1 a member of the clergy1 or another professional1 affirming that the applicant is a survivor of domestic violence1 dating violence1 sexual assault1 or stalking4 7#c7 ,definitions ,the terms domestic violence1 dating violence1 sexual assault1 stalking1 survivor of domestic violence1 dating violence1 sexual assault1 or stalking1 and survivor services organization have the meanings given such terms in section #bja of the ,security ,and ,financial ,empowerment ,act of #bjai4 4 7b7 ,unemployment compensation personnel training ,section #cjc7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #ejc7;a77 is amended-- 7#a7 by redesignating paragraphs 7#d7 through 7#ab7 as paragraphs 7#e7 through 7#ac71 respectively2 and 7#b7 by inserting after paragraph 7#c7 the following new paragraph3 7#d7 ,such methods of administration as will ensure that-- 7,a7 applicants for unemployment compensation and individuals inquiring about such compensation are adequately notified of the provisions of subsections 7a77#ai7 and 7g7 of section #ccjd of the ,internal ,revenue ,code of #aihf 7relating to the availability of unemployment compensation for survivors of domestic violence1 dating violence1 sexual assault1 or stalking72 and 7,b7 claims reviewers and hearing personnel are adequately trained in-- 7i7 the nature and dynamics of domestic violence1 dating violence1 sexual assault1 or stalking 7as such terms are defined in section #bja of the ,security ,and ,financial ,empowerment ,act of #bjai72 and 7ii7 methods of ascertaining and keeping confidential information about possible experiences of domestic violence1 dating violence1 sexual assault1 or stalking 7as so defined7 to ensure that-- 7,i7 requests for unemployment compensation based on separations stemming from domestic violence1 dating violence1 sexual assault1 or stalking 7as so defined7 are reliably screened1 identified1 and adjudicated2 and 7,,ii7 full confidentiality is provided for the individual's claim and submitted evidence2 and 4 7c7 ,,tanf personnel training ,section #djb7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fjb7;a77 is amended by adding at the end the following new paragraph3 7#h7 ,certification that the ,state will provide information to survivors of domestic violence1 dating violence1 sexual assault1 or stalking ,a certification by the chief officer of the ,state that the ,state has established and is enforcing standards and procedures to-- 7,a7 ensure that applicants for assistance under the program and individuals inquiring about such assistance are adequately notified of-- 7i7 the provisions of subsections 7a77#ai7 and 7g7 of section #ccjd of the ,internal ,revenue ,code of #aihf 7relating to the availability of unemployment compensation for survivors of domestic violence1 dating violence1 sexual assault1 or stalking72 and 7ii7 assistance made available by the ,state to survivors of domestic violence1 dating violence1 sexual assault1 or stalking 7as defined in section #bja of the ,security ,and ,financial ,empowerment ,act of #bjai72 7,b7 ensure that case workers and other agency personnel responsible for administering the ,state program funded under this part are adequately trained in-- 7i7 the nature and dynamics of domestic violence1 dating violence1 sexual assault1 or stalking 7as such terms are defined in section #bja of the ,security ,and ,financial ,empowerment ,act of #bjai72 7ii7 ,state standards and procedures relating to the prevention of1 and assistance for individuals who are survivors of1 domestic violence1 dating violence1 sexual assault1 or stalking 7as so defined72 and 7iii7 methods of ascertaining and keeping confidential information about possible experiences of domestic violence1 dating violence1 sexual assault1 or stalking 7as so defined72 7,c7 if a ,state has elected to establish and enforce standards and procedures regarding the screening for1 and identification of1 domestic violence pursuant to paragraph 7#g71 ensure that-- 7i7 applicants for assistance under the program and individuals inquiring about such assistance are adequately notified of options available under such standards and procedures2 and 7ii7 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 procedures2 and 7,d7 ensure that the training required under subparagraphs 7,b7 and1 if applicable1 7,c77ii7 is provided through a training program operated by an eligible entity 7as defined in section #dja7;d77#b7 of the ,security ,and ,financial ,empowerment ,act of #bjai74 4 7d7 ,domestic violence1 dating violence1 sexual assault1 or stalking training grant program 7#a7 ,grants authorized ,the ,secretary of ,labor 7in this subsection referred to as the ,secretary7 is authorized to award-- 7,a7 a grant to a national survivor services organization in order for such organization to-- 7i7 develop and disseminate a model training program 7and related materials7 for the training required under section #cjc7;a77#d77;,b7 of the ,social ,security ,act1 as added by subsection 7b71 and under subparagraphs 7,b7 and1 if applicable1 7,c77ii7 of section #djb7;a77#h7 of such ,act1 as added by subsection 7c72 and 7ii7 provide technical assistance with respect to such model training program2 and 7,b7 grants to ,state1 tribal1 or local agencies in order for such agencies to contract with eligible entities to provide ,state1 tribal1 or local case workers and other ,state1 tribal1 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 7,b7 and1 if applicable1 7,c77ii7 of such section #djb7;a77#h74 7#b7 ,eligible entity defined ,for purposes of paragraph 7#a77;,b71 the term eligible entity means an entity-- 7,a7 that is-- 7i7 a ,state or tribal domestic violence coalition or sexual assault coalition2 7ii7 a ,state or local survivor services organization with recognized expertise in the dynamics of domestic violence1 dating violence1 sexual assault1 or stalking whose primary mission is to provide services to survivors of domestic violence1 dating violence1 sexual assault1 or stalking1 such as a rape crisis center or domestic violence program2 or 7iii7 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 implementation1 but only if such organization will provide the required training in partnership with an entity described in clause 7i7 or 7ii72 and 7,b7 that-- 7i7 has demonstrated expertise in the dynamics of both domestic violence and sexual assault1 such as a joint domestic violence and sexual assault coalition2 or 7ii7 will provide the required training in partnership with an entity described in clause 7i7 or 7ii7 of subparagraph 7,a7 in order to comply with the dual domestic violence and sexual assault expertise requirement under clause 7i74 7#c7 ,application ,an entity seeking a grant under this subsection shall submit an application to the ,secretary at such time1 in such form and manner1 and containing such information as the ,secretary specifies4 7#d7 ,reports 7,a7 ,reports to ,congress ,the ,secretary shall annually submit a report to ,congress on the grant program established under this subsection4 7,b7 ,reports available to public ,the ,secretary shall establish procedures for the dissemination to the public of each report submitted under subparagraph 7,a74 ,such procedures shall include the use of the ,internet to disseminate such reports4 7#e7 ,authorization of appropriations 7,a7 ,authorization ,there are authorized to be appropriated-- 7i7 #a1jjj1jjj for fiscal year #bjbj to carry out the provisions of paragraph 7#a77;,a72 and 7ii7 #ab1jjj1jjj for each of fiscal years #bjba through #bjbd to carry out the provisions of paragraph 7#a77;,b74 7,b7 ,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 #c years after the date the grant was awarded1 together with any earnings on such unused portion4 7,c7 ,amounts returned ,any amounts returned pursuant to subparagraph 7,b7 shall be available without further appropriation to the ,secretary for the purpose of carrying out the provisions of paragraph 7#a77;,b74 7e7 ,effect on existing laws1 etc 7#a7 ,more protective laws1 agreements1 programs1 and plans ,nothing in this title shall be construed to supersede any provision of any ,federal1 ,state1 or local law1 collective bargaining agreement1 or employment benefits program or plan that provides greater unemployment insurance benefits for survivors of domestic violence1 dating violence1 sexual assault1 or stalking than the rights established under this title4 7#b7 ,less protective laws1 agreements1 programs1 and plans ,the rights established for survivors of domestic violence1 dating violence1 sexual assault1 or stalking under this title shall not be diminished by any more restrictive ,state or local law1 collective bargaining agreement1 or employment benefits program or plan4 7f7 ,effective date 7#a7 ,unemployment amendments 7,a7 ,in general ,except as provided in subparagraph 7,b7 and paragraph 7#b71 the amendments made by this section shall apply in the case of compensation paid for weeks beginning on or after the expiration of #ahj days from the date of enactment of this ,act4 7,b7 ,extension of effective date for ,state law amendment 7i7 ,in general ,if the ,secretary of ,labor identifies a ,state as requiring a change to its statutes1 regulations1 or policies in order to comply with the amendments made by this section 7excluding the amendment made by subsection 7c771 such amendments shall apply in the case of compensation paid for weeks beginning after the earlier of-- 7,i7 the date the ,state changes its statutes1 regulations1 or policies in order to comply with such amendments2 or 7,,ii7 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 #be calendar days after such date1 except that in no case shall such amendments apply before the date that is #ahj days after the date of enactment of this ,act4 7ii7 ,session defined ,in this subparagraph1 the term session means a regular1 special1 budget1 or other session of a ,state legislature4 7#b7 ,,tanf amendment 7,a7 ,in general ,except as provided in subparagraph 7,b71 the amendment made by subsection 7c7 shall take effect on the date of enactment of this ,act4 7,b7 ,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 7including legislation1 regulation1 or other administrative action7 in order for the plan to meet the additional requirements imposed by the amendment made by subsection 7c71 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 ,act4 ,for purposes of the previous sentence1 in the case of a ,state that has a two-year legislative session1 each year of the session is considered to be a separate regular session of the ,state legislature4 7g7 ,definitions ,in this section1 the terms domestic violence1 dating violence1 sexual assault1 stalking1 survivor of domestic violence1 dating violence1 sexual assault1 or stalking1 and survivor services organization have the meanings given such terms in section #bja4 ,v ,insurance protections and support for survivors of domestic violence1 dating violence1 sexual assault1 or stalking ,a ,insurance protections #eja4 ,definitions ,in this title3 7#a7 ,abuser ,the term abuser means the person who commits an act of domestic violence1 dating violence1 sexual assault1 or stalking against a survivor of domestic violence1 dating violence1 sexual assault1 or stalking4 7#b7 ,dating violence2 domestic violence2 sexual assault2 stalking ,the terms dating violence1 domestic violence1 sexual assault1 and stalking have the meanings given such terms in section #bja4 7#c7 ,insured ,the term insured means a party named on a policy1 certificate1 or health benefit plan1 including an individual1 a corporation1 a partnership1 an association1 an unincorporated organization1 or any similar entity1 as the person with legal rights to the benefits provided by the policy1 certificate1 or health benefit plan4 ,for group insurance1 the term includes a person who is a beneficiary covered by a group policy1 certificate1 or health benefit plan4 ,for life insurance1 the term refers to the person whose life is covered under an insurance policy4 7#d7 ,insurer ,the term insurer means any person1 reciprocal exchange1 inter insurer1 ,lloyds insurer1 fraternal benefit society1 or other legal entity engaged in the business of insurance1 including agents1 brokers1 adjusters1 and third-party administrators4 ,the term includes employers who provide or make available employment benefits through an employee benefit plan1 as defined in section #c7c7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajjb7c774 ,the term also includes health insurance issuers1 as defined by section #bgia of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ia71 health benefit plans1 and life1 disability1 and property and casualty insurers4 7#e7 ,policy ,the term policy means a contract of insurance1 certificate1 indemnity1 suretyship1 or annuity issued1 proposed for issuance1 or intended for issuance by an insurer1 including endorsements or riders to an insurance policy or contract4 7#f7 ,survivor of domestic violence1 dating violence1 sexual assault1 or stalking ,the term survivor of domestic violence1 dating violence1 sexual assault1 or stalking has the meaning given such term in section #bja4 7#g7 ,survivor services organization ,the term survivor services organization has the meaning given such term in section #bja4 #ejb4 ,discriminatory acts prohibited 7a7 ,in general ,no insurer may1 directly or indirectly1 engage in any of the following acts or practices on the basis that the applicant or insured1 or any person employed by the applicant or insured or with whom the applicant or insured is known to have a relationship or association1 is1 has been1 or may be a survivor of domestic violence1 dating violence1 sexual assault1 or stalking or has incurred or may incur claims related to domestic violence1 dating violence1 sexual assault1 or stalking3 7#a7 ,denying1 refusing to issue1 renew1 or reissue1 or canceling or otherwise terminating an insurance policy or health benefit plan4 7#b7 ,restricting1 excluding1 or limiting insurance coverage for losses or denying a claim1 except as otherwise permitted or required by ,state laws relating to life insurance beneficiaries4 7#c7 ,adding a premium differential to any insurance policy or health benefit plan4 7b7 ,prohibition on limitation of claims ,no insurer may1 directly or indirectly1 deny or limit payment to an insured who is a survivor of domestic violence1 dating violence1 sexual assault1 or stalking if the claim for payment is a result of such violence1 assault1 or stalking4 7c7 ,prohibition on termination 7#a7 ,in general ,no insurer may terminate health coverage for a survivor of domestic violence1 dating violence1 sexual assault1 or stalking because coverage was originally issued in the name of the abuser and the abuser has divorced1 separated from1 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 #f of subtitle ,b of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aafa et seq47 or section #dihj;,b of the ,internal ,revenue ,code of #aihf4 7#b7 ,payment of premiums ,nothing in paragraph 7#a7 shall be construed to prohibit the insurer from requiring that the survivor of domestic violence1 dating violence1 sexual assault1 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 insurer4 7#c7 ,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 #ah months if it offers conversion to an equivalent individual plan4 7#d7 ,continuation coverage ,the continuation of health coverage required by this subsection shall be satisfied by any extension of coverage under part #f of subtitle ,b of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aafa et seq47 or section #dihj;,b of the ,internal ,revenue ,code of #aihf provided to a survivor of domestic violence1 dating violence1 sexual assault1 or stalking and is not intended to be in addition to any extension of coverage otherwise provided for under such part #f or section #dihj;,b4 7d7 ,use of information 7#a7 ,limitation 7,a7 ,in general ,in order to protect the safety and privacy of survivors of domestic violence1 dating violence1 sexual assault1 or stalking1 no person employed by or contracting with an insurer or health benefit plan may 7without the consent of the survivor7-- 7i7 use1 disclose1 or transfer information relating to domestic violence1 dating violence1 sexual assault1 or stalking status1 acts of such violence1 assault1 or stalking1 medical conditions related to domestic violence1 dating violence1 sexual assault1 or stalking1 or the applicant's or insured's status as a family member1 employer1 associate1 or person in a relationship with a survivor of domestic violence1 dating violence1 sexual assault1 or stalking for any purpose unrelated to the direct provision of health care services unless such use1 disclosure1 or transfer is required by an order of an entity with authority to regulate insurance or an order of a court of competent jurisdiction2 or 7ii7 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 violence1 dating violence1 sexual assault1 or stalking1 unless such disclosure or transfer-- 7,i7 is required in order to provide insurance coverage2 and 7,,ii7 does not have the potential to endanger the safety of a survivor of domestic violence1 dating violence1 sexual assault1 or stalking4 7,b7 ,rule of construction ,nothing in this paragraph may be construed to limit or preclude a survivor of domestic violence1 dating violence1 sexual assault1 or stalking from obtaining the survivor's own insurance records from an insurer4 7#b7 ,authority of survivors ,a survivor of domestic violence1 dating violence1 sexual assault1 or stalking1 at the absolute discretion of the survivor1 may provide evidence of domestic violence1 dating violence1 sexual assault1 or stalking to an insurer for the limited purpose of facilitating treatment of a condition related to such violence1 assault1 or stalking or demonstrating that a condition is related to such violence1 assault1 or stalking4 ,nothing in this paragraph shall be construed as authorizing an insurer to disregard such provided evidence4 #ejc4 ,insurance protocols for survivors of domestic violence1 dating violence1 sexual assault1 or stalking ,insurers shall develop and adhere to written policies specifying procedures to be followed by employees1 contractors1 producers1 agents1 and brokers for the purpose of protecting the safety and privacy of a survivor of domestic violence1 dating violence1 sexual assault1 or stalking and otherwise implementing this subtitle when taking an application1 investigating a claim1 or taking any other action relating to a policy or claim involving a survivor of domestic violence1 dating violence1 sexual assault1 or stalking4 #ejd4 ,reasons for adverse actions ,an insurer that takes an action that adversely affects a survivor of domestic violence1 dating violence1 sexual assault1 or stalking shall advise the applicant or insured who is the survivor of domestic violence1 dating violence1 sexual assault1 or stalking of the specific reasons for the action in writing4 ,for purposes of this section1 reference to general underwriting practices or guidelines shall not constitute a specific reason4 #eje4 ,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 policy1 and if-- 7#a7 the applicant or prospective owner of the policy lacks an insurable interest in the insured2 or 7#b7 the applicant or prospective owner of the policy is known1 on the basis of police or court records1 to have committed an act of domestic violence1 dating violence1 sexual assault1 or stalking against the proposed insured4 #ejf4 ,subrogation without consent prohibited ,subrogation of claims resulting from domestic violence1 dating violence1 sexual assault1 or stalking is prohibited without the informed consent of the survivor of domestic violence1 dating violence1 sexual assault1 or stalking4 #ejg4 ,enforcement 7a7 ,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 #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7 and the ,federal ,trade ,commission shall enforce this subtitle in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act were incorporated into and made a part of this subtitle1 including issuing a cease and desist order granting any individual relief warranted under the circumstances1 including temporary1 preliminary1 and permanent injunctive relief and compensatory damages4 7b7 ,private cause of action 7#a7 ,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 jurisdiction4 7#b7 ,relief ,upon proof of such conduct by a preponderance of the evidence in an action described in paragraph 7#a71 the court may award appropriate relief1 including temporary1 preliminary1 and permanent injunctive relief and compensatory and punitive damages1 as well as the costs of suit and reasonable fees for the aggrieved individual's attorneys and expert witnesses4 7#c7 ,statutory damages ,with respect to compensatory damages in an action described in paragraph 7#a71 the aggrieved individual may elect1 at any time prior to the rendering of final judgment1 to recover in lieu of actual damages1 an award of statutory damages in the amount of #e1jjj for each violation4 #ejh4 ,applicability ,this subtitle shall apply with respect to any action taken after the enactment of this ,act4 ,b ,supporting and empowering survivors #eaa4 ,study and reports on barriers to survivors' economic security access 7a7 ,,hhs ,study ,the ,secretary of ,health and ,human ,services1 in consultation with the ,secretary of ,labor1 shall conduct a study on the barriers that survivors of domestic violence1 dating violence1 sexual assault1 or stalking throughout the ,united ,states experience in maintaining economic security as a result of issues related to domestic violence1 dating violence1 sexual assault1 or stalking4 7b7 ,reports ,not later than ,january #a1 #bjba1 and every five years thereafter1 the ,secretary of ,health and ,human ,services1 in consultation with the ,secretary of ,labor1 shall submit a report to ,congress on the study conducted under subsection 7a74 7c7 ,contents ,the study and reports under this section shall include-- 7#a7 identification of geographic areas in which ,state laws1 regulations1 and practices have a strong impact on the ability of survivors of domestic violence1 dating violence1 sexual assault1 or stalking to exercise-- 7,a7 any rights under this ,act without compromising personal safety or the safety of others1 including family members and excluding the abuser2 and 7,b7 other components of economic security2 7#b7 identification of geographic areas with shortages in resources for such survivors1 with an accompanying analysis of the extent and impact of such shortage2 7#c7 analysis of factors related to industries1 workplace settings1 employer practices1 trends1 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 others1 including family members2 7#d7 the recommendations of the ,secretary of ,health and ,human ,services and the ,secretary of ,labor with respect to resources1 oversight1 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 violence1 dating violence1 sexual assault1 or stalking2 and 7#e7 best practices for ,states1 employers1 health carriers1 insurers1 and other private entities in addressing issues related to domestic violence1 dating violence1 sexual assault1 or stalking4 7d7 ,,gao ,study ,not later than #ah months after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that examines1 with respect to survivors of domestic violence1 dating violence1 sexual assault1 or stalking who are or were enrolled at institutions of higher education and have ,federal student loan debt1 each of the following3 7#a7 ,the implications of domestic violence1 dating violence1 sexual assault1 or stalking on a borrower's ability to repay their ,federal student loans4 7#b7 ,the adequacy of current policies and procedures regarding ,federal loan deferment1 forbearance1 and grace periods when a survivor has to suspend or terminate their enrollment at an educational institution due to domestic violence1 dating violence1 sexual assault1 or stalking4 7#c7 ,the adequacy of current institutional policies and practices regarding retention or transfer of credits when a survivor has to suspend or terminate their enrollment at an educational institution due to domestic violence1 dating violence1 sexual assault1 or stalking4 7#d7 ,the availability or any options for a survivor of domestic violence1 dating violence1 sexual assault1 or stalking who attended institutions of higher education that committed unfair1 deceptive1 or abusive acts or practices1 or otherwise substantially misrepresented information to students1 to be able to seek a defense to repayment of their loan4 7#e7 ,the limitations faced by a survivor of domestic violence1 dating violence1 sexual assault1 or stalking to obtain any relief or restitution on their student loan debt due to the use of forced arbitration1 gag orders1 or bans on class actions4 #eab4 ,domestic violence1 dating violence1 sexual assault1 and stalking education and information programs for survivors 7a7 ,definitions ,in this section1 the terms employ1 employee1 employer1 and ,state have the meanings given such terms in section #bja4 7b7 ,public education program 7#a7 ,in general ,the ,secretary of ,labor1 in conjunction with the ,secretary of ,health and ,human ,services 7through the ,director of the ,centers for ,disease ,control and ,prevention and the grant recipient carrying out the ,national ,resource ,center on ,domestic ,violence7 and the ,attorney ,general 7through the ,principal ,deputy ,director of the ,office on ,violence ,against ,women71 shall coordinate and provide for a national public outreach and education campaign to raise public awareness of domestic violence1 dating violence1 sexual assault1 and stalking1 including outreach and education for employers1 service providers1 teachers1 and other key partners4 7#b7 ,dissemination ,the ,secretary of ,labor1 in conjunction with the ,secretary of ,health and ,human ,services and the ,attorney ,general1 as described in paragraph 7#a71 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 agencies1 professional and nonprofit organizations1 consumer groups1 labor organizations1 institutions of higher education1 clinics1 the media1 and ,federal1 ,state1 and local agencies4 7#c7 ,information ,the information disseminated under paragraph 7#b7 shall include1 at a minimum1 a description of-- 7,a7 the resources and rights that are-- 7i7 available to survivors of domestic violence1 dating violence1 sexual assault1 or stalking2 and 7ii7 established in this ,act and the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia et seq472 7,b7 guidelines and best practices on prevention of domestic violence1 dating violence1 stalking1 and sexual assault2 7,c7 resources that promote healthy relationships and communication skills2 7,d7 resources that encourage bystander intervention in a situation involving domestic violence1 dating violence1 stalking1 or sexual assault2 7,e7 resources that promote workplace policies that support and help maintain the economic security of survivors of domestic violence1 dating violence1 sexual assault1 or stalking2 and 7,f7 resources and rights that the heads of ,federal agencies described in paragraph 7#b7 determine are appropriate to include4 7c7 ,information program for employers 7#a7 ,in general ,the ,secretary of ,labor and the ,secretary of ,health and ,human ,services1 in consultation with major women's advocacy groups and medical and public health organizations1 shall develop and disseminate to employers information on the entitlement of survivors of domestic violence1 dating violence1 sexual assault1 or stalking to safe leave under title ,,ii4 7#b7 ,information ,the information disseminated under paragraph 7#a7 shall include1 at a minimum-- 7,a7 information describing employers' responsibilities and employees' rights under title ,,ii2 7,b7 recommendations for carrying out those responsibilities and providing for those rights2 7,c7 recommendations for supporting employees when the employees seek safe leave under title ,,ii2 7,d7 information on best practices for supporting survivors of domestic violence1 dating violence1 sexual assault1 or stalking2 7,e7 information on best practices for preventing domestic violence1 dating violence1 sexual assault1 and stalking2 and 7,f7 information explaining how to obtain additional copies of the information developed under paragraph 7#a7 for distribution to the employees4 7d7 ,study on workplace responses ,the ,secretary of ,labor1 in conjunction with the ,secretary of ,health and ,human ,services1 shall conduct a study on the status of workplace responses to employees who experience domestic violence1 dating violence1 sexual assault1 or stalking while employed1 in each ,state and nationally1 to improve the access of survivors of domestic violence1 dating violence1 sexual assault1 or stalking to supportive resources and economic security4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section1 such sums as may be necessary for each of fiscal years #bjbj through #bjbd4 #eac4 ,investing in public health infrastructure to improve support for survivors ,section #cjc7;c7 of the ,family ,violence ,prevention and ,services ,act 7#db ,u4,s4,c4 #ajdjc7;c77 is amended by striking #cad and all that follows and inserting #cad #ae1jjj1jjj for each of fiscal years #bjbj through #bjbd44 #ead4 ,financial literacy and advocacy for survivors of domestic violence1 dating violence1 sexual assault1 or stalking 7a7 ,eligible entity defined ,in this section1 the term eligible entity means an entity that is-- 7#a7 a ,state or tribal domestic violence coalition or sexual assault coalition1 consistent with this ,act2 7#b7 a ,state or local survivor services organization2 or 7#c7 an organization with demonstrated expertise in providing financial literacy support and advocacy services1 but only if such organization will provide such support and services in partnership with an entity described in paragraph 7#a7 or 7#b74 7b7 ,grants authorized ,the ,secretary of ,health and ,human ,services is authorized to award competitive grants to eligible entities to-- 7#a7 develop and disseminate a model program1 and related materials1 for providing financial literacy support and advocacy services to survivors of domestic violence1 dating violence1 sexual assault1 or stalking1 and such support and services shall take place in national resource centers1 established and operated under section #daeja of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abeja72 and 7#b7 provide technical assistance with respect to such model program4 7c7 ,applications ,an eligible entity seeking a grant under this section shall submit an application to the ,secretary of ,health and ,human ,services at such time1 in such form and manner1 and containing such information as the ,secretary specifies4 7d7 ,reports to ,congress ,the ,secretary of ,health and ,human ,services shall annually submit a report to ,congress on the grant program established under this section4 7e7 ,authorization of appropriations 7#a7 ,authorization ,there is authorized to be appropriated #a1jjj1jjj for fiscal year #bjbj to carry out this section4 7#b7 ,three-year availability of grant funds ,not later than three years after the date on which a grant is awarded under this section1 the recipient of such grant shall return to the ,secretary of ,health and ,human ,services any unused portion of such grant1 together with any earnings on such unused portion4 ,,vi ,severability #fja4 ,severability ,if any provision of this ,act1 any amendment made by this ,act1 or the application of such provision or amendment to any person or circumstance is held to be unconstitutional1 the remainder of the provisions of this ,act1 the amendments made by this ,act1 and the application of such provisions or amendments to any person or circumstance shall not be affected4