,,ii  #aahth ,,congress  #ast ,session  
,s4 #acic  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #a1       
#bjbc,ms4 ,warren 7for herself1 ,ms4    
,rosen1 ,mr4 ,markey1 ,mrs4 ,feinstein1 
,mr4 ,merkley1 ,mr4 ,sanders1 ,mr4      
,durbin1 and ,mr4 ,blumenthal7          
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,banking1 ,housing1 and   
,urban ,affairs  ,a ,,bill  ,to amend   
the ,securities ,exchange ,act of #aicd 
to require disclosure of payments for   
settlements of disputes regarding sexual
 abuse and certain types of harassment  
and discrimination1 and for other       
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,sunlight in        
,workplace ,harassment ,act4  #b4       
,disclosure of payments for settlements 
of disputes regarding sexual abuse and  
certain types of harassment and         
discrimination ,section #ac of the      
,securities ,exchange ,act of #aicd 7#ae
 ,u4,s4,c4 #ghm7 is amended by adding at

 the end the following3  7t7 ,disclosure
 of certain activities regarding        
settlements of disputes relating to     
sexual abuse and certain types of       
harassment or discrimination  7#a7      
,definitions ,in this subsection-- 7,a7 
the term covered discrimination means-- 
7i7 discrimination described in any of  
clauses 7i7 through 7vi7 of subparagraph
 7,b72 or  7ii7 7,i7 a violation of     
section #gjd7;a7 of the ,civil ,rights  
,act of #aifd 7#db ,u4,s4,c4            
#bjjj;e-#c7;a77 that is related to      
discrimination described in subparagraph
 7,b77i7 or 7,b77vi77,i72  7,,ii7 a     
violation of section #d7;d7 of the ,age 
,discrimination in ,employment ,act of  
#aifg 7#bi ,u4,s4,c4 #fbc7;d77 that is  
related to discrimination described in  
subparagraph 7,b77ii72  7,,iii7 a       
violation of subsection 7a7 or 7b7 of   
section #ejc of the ,americans with     
,disabilities ,act of #aiij 7#db        
,u4,s4,c4 #abbjc7 that is related to    
discrimination described in subparagraph

 7,b77iii72  7,,iv7 a violation of      
section #bjg7;f7 of the ,genetic        
,information ,nondiscrimination ,act of 
#bjjh 7#db ,u4,s4,c4 #bjjj;ff-#f7;f77   
that is related to discrimination       
described in subparagraph 7,b77iv72     
7,v7 a violation of section #dcaa7;b7 of
 title #ch1 ,united ,states ,code1 that 
is related to discrimination described  
in subparagraph 7,b77v72 and  7,,vi7 a  
violation of section                    
#djjjb7;b77#ac77;,a7 of the ,violence   
,against ,women ,act of #aiid 7#cd      
,u4,s4,c4 #abbia7;b77#ac77;,a77 that--  
7aa7 may cover retaliation described in 
a provision specified in any of         
subclauses 7,i7 through 7,v72 and  7bb7 
is related to discrimination described  
in subparagraph 7,b77vi77,,ii72  7,b7   
the term covered harassment means       
harassment that is-- 7i7 discrimination 
because of a characteristic consisting  
of race1 color1 religion1 sex1 sexual   
orientation1 gender identity1 or        
national origin1 whether the            

characteristic is actual or perceived1  
under title ,,vii of the ,civil ,rights 
,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et 
seq472  7ii7 discrimination because of  
actual or perceived age under the ,age  
,discrimination in ,employment ,act of  
#aifg 7#bi ,u4,s4,c4 #fba et seq472     
7iii7 discrimination on the basis of    
actual or perceived disability under--  
7,i7 title ,i of the ,americans with    
,disabilities ,act of #aiij 7#db        
,u4,s4,c4 #abaaa et seq472 or  7,,ii7   
section #eja of the ,rehabilitation ,act
 of #aigc 7#bi ,u4,s4,c4 #gia72  7iv7   
discrimination because of actual or     
perceived genetic information under     
title ,,ii of the ,genetic ,information 
,nondiscrimination ,act of #bjjh 7#db   
,u4,s4,c4 #bjjj;ff et seq472  7v7       
discrimination on the basis of actual or
 perceived status concerning service in 
a uniformed service under section       
#dcaa7;a7 of title #ch1 ,united ,states 
,code2 or  7vi7 discrimination because  
of a characteristic consisting of sexual

 orientation or gender identity1 whether
 the characteristic is actual or        
perceived1 under section                
#djjjb7;b77#ac77;,a7 of the ,violence   
,against ,women ,act of #aiid 7#cd      
,u4,s4,c4 #abbia7;b77#ac77;,a772  7,c7  
the term covered issuer means an issuer 
that is required to file ,form #aj-,k2  
7,d7 the term ,form #aj-,k means the    
form described in section #bdi4caj of   
title #ag1 ,code of ,federal            
,regulations1 as in effect on the date  
of enactment of this subsection2  7,e7  
the term gender identity means a        
characteristic consisting of the        
gender-related identity1 appearance1    
mannerisms1 or other gender-related     
characteristics of an individual1       
whether the characteristic is actual or 
perceived1 regardless of the designated 
sex of the individual at birth2  7,f7   
the term judgment means1 with respect to
 an issuer1 a judgment entered against  
the issuer1 whether imposed by a court  
or through arbitration2  7,g7 the term  

settlement means any commitment or      
agreement-- 7i7 without regard to       
whether the commitment or agreement1 as 
applicable1 is in writing2 and  7ii7    
under which an issuer directly or       
indirectly-- 7,i7 provides to an        
individual compensation or other        
consideration because of an allegation  
that the individual has been a victim of
 covered harassment1 covered            
discrimination1 or sexual abuse2 or     
7,,ii7 establishes conditions that      
affect the terms of the employment1     
including by terminating the employment1
 of the individual with the issuer--    
7aa7 because of the experience of the   
individual with1 or the participation of
 the individual in1 an alleged act of   
covered harassment1 covered             
discrimination1 or sexual abuse2 and    
7bb7 in exchange for which the          
individual agrees or commits not to--   
7,,aa7 bring legal1 administrative1 or  
any other type of action against the    
issuer2 or 7,,bb7 publicly disclose1 for

 a period of time of any length1 any    
portion of the alleged act described in 
item 7aa7 on which the commitment or    
agreement1 as applicable1 is based2     
7,h7 the term sexual abuse means a      
nonconsensual sexual act or sexual      
contact1 as such terms are defined in   
section #bbdf of title #ah1 ,united     
,states ,code1 or similar applicable    
,tribal or ,state law1 including such an
 act or contact in a circumstance in    
which the victim lacks capacity to      
consent2 and  7,i7 the term sexual      
orientation means a characteristic      
consisting of homosexuality1            
heterosexuality1 or bisexuality1 whether
 the characteristic is actual or        
perceived4  7#b7 ,disclosure            
requirements  7,a7 ,in general          
,beginning in the first fiscal year that
 begins after the date of enactment of  
this subsection1 each covered issuer    
shall disclose annually on ,form #aj-,k1
 to shareholders of the covered issuer1 
and to the public-- 7i7 for the time    

periods1 and in the manner1 described in
 subparagraph 7,b7-- 7,i7 the total     
number of settlements entered into by   
the covered issuer1 a subsidiary1       
contractor1 or subcontractor of the     
covered issuer1 or a corporate executive
 of the covered issuer that relate to   
any alleged act of sexual abuse1 covered
 harassment1 or covered discrimination  
that-- 7aa7 occurred in the workplace of
 the covered issuer or a subsidiary1    
contractor1 or subcontractor of the     
covered issuer2 or  7bb7 involves the   
behavior of an employee of the covered  
issuer1 or of a subsidiary1 contractor1 
or subcontractor of the covered issuer1 
toward another such employee1 without   
regard to whether that behavior occurred
 in the workplace of the covered issuer 
or the subsidiary1 contractor1 or       
subcontractor1 as applicable2  7,,ii7   
the total dollar amount paid with       
respect to the settlements described in 
subclause 7,i72  7,,iii7 the total      
number of settlements entered into by   

the covered issuer1 a subsidiary1       
contractor1 or subcontractor of the     
covered issuer1 or a corporate executive
 of the covered issuer that relate to   
any alleged act of sexual abuse1 covered
 harassment1 or covered discrimination  
that-- 7aa7 was committed by a corporate
 executive of-- 7,,aa7 the covered      
issuer2 or 7,,bb7 a subsidiary1         
contractor1 or subcontractor of the     
covered issuer2 and  7bb7 7,,aa7        
occurred in the workplace of the covered
 issuer or a subsidiary1 contractor1 or 
subcontractor of the covered issuer1 as 
applicable2 or 7,,bb7 involved the      
behavior of a corporate executive       
described in item 7aa7 toward another   
employee of the covered issuer or a     
subsidiary1 contractor1 or subcontractor
 of the covered issuer1 as applicable1  
without regard to whether that behavior 
occurred in the workplace of the covered
 issuer or a subsidiary1 contractor1 or 
subcontractor of the covered issuer2    
7,,iv7 the total dollar amount with     

respect to the settlements described in 
subclause 7,,iii72  7,v7 the average    
length of time required for the covered 
issuer to resolve a complaint relating  
to an alleged act of covered            
discrimination1 covered harassment1 or  
sexual abuse2  7,,vi7 the total number  
of judgments entered against the covered
 issuer1 a subsidiary1 contractor1 or   
subcontractor of the covered issuer1 or 
a corporate executive of the covered    
issuer that relate to any alleged act of
 sexual abuse1 covered harassment1 or   
covered discrimination that-- 7aa7      
occurred in the workplace of the covered
 issuer or a subsidiary1 contractor1 or 
subcontractor of the covered issuer2 or 
7bb7 involves the behavior of an        
employee of the covered issuer1 or a    
subsidiary1 contractor1 or subcontractor
 of the covered issuer1 toward another  
such employee1 without regard to whether
 that behavior occurred in the workplace
 of the covered issuer or the           
subsidiary1 contractor1 or              

subcontractor1 as applicable2  7,,vii7  
the total dollar amount paid with       
respect to the judgments described in   
subclause 7,,vi72  7,,viii7 the total   
number of judgments entered against the 
covered issuer1 a subsidiary1           
contractor1 or subcontractor of the     
covered issuer1 or a corporate executive
 of the covered issuer that relate to   
any alleged act of sexual abuse1 covered
 harassment1 or covered discrimination  
that-- 7aa7 was committed by a corporate
 executive of-- 7,,aa7 the covered      
issuer2 or 7,,bb7 a subsidiary1         
contractor1 or subcontractor of the     
covered issuer2 and  7bb7 7,,aa7        
occurred in the workplace of the covered
 issuer or a subsidiary1 contractor1 or 
subcontractor of the covered issuer1 as 
applicable2 or 7,,bb7 involved the      
behavior of a corporate executive       
described in item 7aa7 toward another   
employee of the covered issuer or a     
subsidiary1 contractor1 or subcontractor
 of the covered issuer1 as applicable1  

without regard to whether that behavior 
occurred in the workplace of the covered
 issuer or a subsidiary1 contractor1 or 
subcontractor of the covered issuer2 and
  7,,ix7 the total dollar amount with   
respect to the judgments described in   
subclause 7,,viii72  7ii7 as of the date
 on which the disclosure is made1 the   
total number of complaints relating to  
covered discrimination1 covered         
harassment1 and sexual abuse that the   
covered issuer is working to resolve    
through-- 7,i7 processes that are       
internal to the covered issuer2  7,,ii7 
arbitration2 and  7,,iii7 litigation2   
and  7iii7 with respect to each alleged 
act of covered discrimination1 covered  
harassment1 or sexual abuse that is the 
subject of a complaint or settlement    
described in clauses 7i7 and 7ii71 the  
date on which that alleged act occurred1
 with as much specificity as is         
practicable under the circumstances4    
7,b7 ,categories  7i7 ,in general       
,subject to subparagraph 7,c71 in each  

disclosure required under subparagraph  
7,a71 a covered issuer shall report the 
following3 7,i7 ,for the fiscal year    
that is the subject of that disclosure1 
the following3 7aa7 ,the total number of
 settlements in subclauses 7,i7 and     
7,,iii7 of subparagraph 7,a77i71 in the 
aggregate4  7bb7 ,the total dollar      
amounts in subclauses 7,,ii7 and 7,,iv7 
of subparagraph 7,a77i71 in the         
aggregate4  7cc7 ,the number of         
settlements in subclauses 7,i7 and      
7,,iii7 of subparagraph 7,a77i71        
individually4  7dd7 ,the dollar amounts 
in subclauses 7,,ii7 and 7,,iv7 of      
subparagraph 7,a77i71 individually4     
7ee7 ,the total number of judgments in  
subclauses 7,,vi7 and 7,,viii7 of       
subparagraph 7,a77i71 in the aggregate4 
7ff7 ,the total dollar amounts in       
subclauses 7,,vii7 and 7,,ix7 of        
subparagraph 7,a77i71 in the aggregate4 
7gg7 ,the number of judgments in        
subclauses 7,,vi7 and 7,,viii7 of       
subparagraph 7,a77i71 individually4     

7hh7 ,the dollar amounts in subclauses  
7,,vii7 and 7,,ix7 of subparagraph      
7,a77i71 individually4  7,,ii7 ,for the 
#g-;fiscal year period that is comprised
 of the fiscal year that is the subject 
of that disclosure and the #f fiscal    
years that precede that fiscal year1 the
 following3 7aa7 ,the total number of   
settlements in subclauses 7,i7 and      
7,,iii7 of subparagraph 7,a77i71 in the 
aggregate4  7bb7 ,the total dollar      
amounts in subclauses 7,,ii7 and 7,,iv7 
of subparagraph 7,a77i71 in the         
aggregate4  7cc7 ,the total number of   
judgments in subclauses 7,,vi7 and      
7,,viii7 of subparagraph 7,a77i71 in the
 aggregate4  7dd7 ,the total dollar     
amounts in subclauses 7,,vii7 and 7,,ix7
 of subparagraph 7,a77i71 in the        
aggregate4  7ii7 ,listing ,in disclosing
 information in the manner described in 
clause 7i71 a covered issuer shall list 
a settlement or judgment1 as applicable1
 by any of the following categories that
 apply to the settlement or judgment3   

7,i7 ,a settlement or judgment relating 
to an alleged act of sexual abuse1      
covered discrimination1 or covered      
harassment because of sex4  7,,ii7 ,a   
settlement or judgment relating to an   
alleged act of covered discrimination or
 covered harassment because of race1    
color1 or national origin4  7,,iii7 ,a  
settlement or judgment relating to an   
alleged act of covered discrimination or
 covered harassment because of religion4
  7,,iv7 ,a settlement or judgment      
relating to an alleged act of covered   
discrimination or covered harassment    
because of age4  7,v7 ,a settlement or  
judgment relating to an alleged act of  
covered discrimination or covered       
harassment on the basis of disability4  
7,,vi7 ,a settlement or judgment        
relating to an alleged act of covered   
discrimination or covered harassment    
because of genetic information4  7,,vii7
 ,a settlement or judgment relating to  
an alleged act of covered discrimination
 or covered harassment on the basis of  

status concerning service in a uniformed
 service4  7,,viii7 ,a settlement or    
judgment relating to an alleged act of  
covered discrimination or covered       
harassment because of sexual orientation
 or gender identity4  7,c7 ,prohibitions
 on certain disclosures2 victim choice  
7i7 ,prohibition on disclosures by      
covered issuers ,a covered issuer may   
not-- 7,i7 in any disclosure made under 
subparagraph 7,a71 or in any other      
public disclosure1 disclose the name of 
a victim of an alleged act of sexual    
abuse1 covered harassment1 or covered   
discrimination on which a settlement1   
judgment1 or complaint1 as applicable1  
described in subparagraph 7,a7 is based2
 or  7,,ii7 under subparagraph 7,b77ii71
 include the categorization of a        
settlement or judgment described in     
subclause 7,i71 7,,iii71 7,,vi71 or     
7,,viii7 of subparagraph 7,a77i71 as    
applicable1 in any disclosure made under
 subparagraph 7,a7 if the victim of the 
alleged act of sexual abuse1 covered    

harassment1 or covered discrimination on
 which the settlement or judgment is    
based objects to the disclosure of that 
categorization4  7ii7 ,prohibition on   
disclosures by the ,commission ,the     
,commission may not disclose the name of
 a victim of an alleged act of sexual   
abuse1 covered harassment1 or covered   
discrimination on which a settlement1   
judgment1 or complaint1 as applicable1  
described in subparagraph 7,a7 is based4
  7iii7 ,victim choice  7,i7 ,in general
 ,a covered issuer shall not be required
 to report information under            
subparagraph 7,b77i7 if the victim of   
the alleged act of sexual abuse1 covered
 harassment1 or covered discrimination  
on which the settlement or judgment1 as 
applicable1 is based objects to the     
reporting of that information4  7,,ii7  
,no effect on subsequent years ,if      
information is not reported in a fiscal 
year because of an objection made under 
subclause 7,i71 that information shall  
be reported in subsequent fiscal years  

under subparagraph 7,b77ii74  7,d7      
,prevention of sexual abuse1 covered    
harassment1 and covered discrimination  
,in each disclosure required under      
subparagraph 7,a71 the covered issuer   
making the disclosure shall include a   
description of the measures taken by the
 covered issuer and any subsidiary1     
contractor1 or subcontractor of the     
covered issuer to prevent employees of  
the covered issuer and any subsidiary1  
contractor1 or subcontractor of the     
covered issuer from committing or       
engaging in sexual abuse1 covered       
harassment1 or covered discrimination4  
7#c7 ,regulations ,the ,commission may  
promulgate such regulations as the      
,commission considers necessary to      
implement the requirements under        
paragraph 7#b74  4