[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 9693 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 9693 To promote the economic security and safety of survivors of domestic violence, dating violence, sexual assault, or stalking, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES September 19, 2024 Mrs. Dingell (for herself, Ms. Moore of Wisconsin, Ms. Kuster, Mrs. Ramirez, Mr. Pocan, Ms. Ross, Mr. Grijalva, and Ms. Lee of California) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Financial Services, Ways and Means, the Judiciary, House Administration, Oversight and Accountability, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To promote the economic security and safety of survivors of domestic violence, dating violence, sexual assault, or stalking, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Security And Financial Empowerment for Survivors Act of 2024'' or the ``SAFE for Survivors Act of 2024''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Rule of construction regarding more protective laws, agreements, programs, and plans. Sec. 5. Arbitration. TITLE I--REAUTHORIZATION OF NATIONAL RESOURCE CENTER GRANTS ON WORKPLACE RESPONSES TO ASSIST VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE Sec. 101. Grant program reauthorization. TITLE II--SAFE LEAVE FOR ADDRESSING QUALIFYING ACTS OF VIOLENCE Sec. 201. Entitlement to safe leave for addressing domestic violence, dating violence, sexual assault, or stalking. Sec. 202. Prohibited acts. Sec. 203. Enforcement. Sec. 204. Existing leave usable for a qualifying act of violence. Sec. 205. Emergency benefits. Sec. 206. Regulations. TITLE III--SURVIVORS' EMPLOYMENT SUSTAINABILITY Sec. 301. Short title. Sec. 302. Definitions. Sec. 303. Prohibited discriminatory acts. Sec. 304. Remedies and enforcement. Sec. 305. Rulemaking. Sec. 306. Attorney's fees. TITLE IV--ENTITLEMENT TO UNEMPLOYMENT COMPENSATION FOR VICTIMS OF A QUALIFYING ACT OF VIOLENCE Sec. 401. Unemployment compensation for victims of a qualifying act of violence. TITLE V--INSURANCE PROTECTIONS AND SUPPORT FOR VICTIMS OF A QUALIFYING ACT OF VIOLENCE Subtitle A--Insurance Protections Sec. 501. Definitions. Sec. 502. Discriminatory acts prohibited. Sec. 503. Insurance protocols for victims of a qualifying act of violence. Sec. 504. Reasons for adverse actions. Sec. 505. Life insurance. Sec. 506. Subrogation without consent prohibited. Sec. 507. Enforcement. Sec. 508. Applicability. Subtitle B--Supporting and Empowering Victims Sec. 511. Qualifying acts of violence education and information programs for victims. Sec. 512. Investing in public health infrastructure to improve support for victims. TITLE VI--SEVERABILITY Sec. 601. Severability. SEC. 2. FINDINGS. Congress finds the following: (1) Gender-based violence is prevalent in the United States. According to the Centers for Disease Control and Prevention, almost 1 in 4 women report having experienced severe physical violence from an intimate partner in their lifetime and 1 in 4 women reported an attempted or completed rape during their lifetime. Such violence has a devastating impact on women's physical and emotional health, financial security, and ability to maintain their jobs, and thus impacts interstate commerce and economic security. (2) A large percentage of the workforce are survivors of domestic and sexual violence, and many of them struggle to remain connected to the workforce as they face numerous challenges in obtaining and maintaining employment as a consequence of the abuse. (3) The Office on Violence Against Women of the Department of Justice defines domestic violence as a pattern of abusive behavior in any relationship that is used by one intimate partner to gain or maintain power and control over another intimate partner. Domestic violence can include physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. Domestic violence includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound an individual. (4) Homicide is one of the leading causes of death for women on the job. Domestic partners or relatives commit 43 percent of workplace homicides against women. One study found that intimate partner violence resulted in 142 homicides among women at work in the United States from 2003 to 2008, a figure which represents 22 percent of the 648 workplace homicides among women during the period. In fact, in 2010, homicides against women at work increased by 13 percent despite continuous declines in overall workplace homicides in recent years. (5) Women in the United States are 28 times more likely to be murdered with guns than women in other high-income countries. Female intimate partners are more likely to be murdered with a firearm than all other means combined. The presence of a gun in domestic violence situations increases the risk of homicide for women by 500 percent. (6) Violence can have a dramatic impact on the survivor of such violence. Studies indicate that 44 percent of surveyed employed adults experienced the effect of domestic violence in the workplace, domestic violence victims report that they lost a job, and 1 in 3 domestic violence victims report that they lost a job due to domestic violence. Another recent survey found that 78 percent of offenders used workplace resources to express anger, check up on, pressure, or threaten a survivor of sexual assault, whether occurring in or out of the workplace, can impair an employee's work performance, require time away from work, and undermine the employee's ability to maintain a job. Nearly 50 percent of sexual assault survivors lose their jobs or are forced to quit in the aftermath of the assaults. (7) In a study commission by the Office on Violence Against Women of the Department of Justice, 66 percent of respondents said an abusive partner had disrupted their ability to complete education or training through tactics such as not allowing them access to money to pay for school, socially isolating the survivor, controlling or monitoring their mobility, using physical or sexual violence, and damaging or destroying personal property. (8) Significant barriers survivors confront include housing, transportation, and child care. Ninety-two percent of homeless women have experienced domestic violence, and more than 50 percent cite domestic violence as the direct cause for homelessness. Survivors are deprived of their autonomy, liberty, and security, and face tremendous threats to their health and safety. (9) The National Institutes of Health report that survivors of severe intimate partner violence lose nearly 8,000,000 days of paid work, which is the equivalent of more than 32,000 full- time jobs and almost 5,600,000 days of household productivity each year. Therefore, women disproportionately need time off to care for their health or to find safety solutions, such as obtaining a restraining order or finding housing, to avoid or prevent further violence. (10) Annual costs of intimate partner violence are estimated over $8,300,000,000. According to the Centers for Disease Control and Prevention, the costs of intimate partner violence against women in 1995 exceeded an estimated $5,800,000,000. These costs included nearly $4,100,000,000 in the direct costs of medical and mental health care and nearly $1,800,000,000 in the indirect costs of lost productivity. These statistics are generally considered to be underestimated because the costs associated with the criminal justice system are not included. (11) Studies estimate that work days lost due to intimate partner violence, sexual violence, or stalking over victims' lifetimes are worth an estimated $137,800,000,000 (calculated using 2022 dollars). According to the Bureau of Justice Statistics, about 3,400,000 of all persons age 16 or older were victims of stalking in 2019. Moreover, 17 percent of stalking victims describe losing a job or job opportunities, 1 in 8 employed stalking victims lose time from work as a result of their victimization, and more than half lose 5 days of work or more. (12) Fifty-five percent of senior executives recently surveyed said domestic violence has a harmful effect on their company's productivity. Seventy-eight percent of human resources professionals consider partner violence a workplace issue. However, more than 70 percent of United States workplaces have no formal program or policy that addresses workplace violence, let alone domestic violence. In fact, only 20 percent of employers provided training on domestic violence. (13) Studies indicate that one of the best predictors of whether a survivor will be able to stay away from his or her abuser is the degree of his or her economic independence. However, domestic violence, dating violence, sexual assault, and stalking often negatively impact a survivor's ability to maintain employment. (14) Abusers frequently seek to exert financial control over their partners by actively interfering with their ability to work, including preventing their partners from going to work, harassing their partners at work, limiting their partners' access to cash or transportation, and sabotaging their partners' child care arrangements. (15) Economic abuse refers to behaviors that control an intimate partner's ability to acquire, use, and maintain access to, money, credit, ownership of assets, or access to governmental or private financial benefits, including defaulting on joint obligations (e.g. school loans, credit card debt, mortgage, or rent). Other forms may include-- (A) preventing someone from attending school; (B) threatening to or actually terminating employment; (C) controlling or withholding access to cash, checking, or credit accounts; and (D) attempts to damage or sabotage an intimate partner's creditworthiness, including forcing a survivor to write bad checks, taking on debt in the survivor's name, including forcing a survivor to default on payments related to household needs, such as housing, or forcing a survivor into bankruptcy. (16) Economic abuse is a significant aspect of teen dating violence, and has harmful long-term impacts on educational attainment, employment opportunities, and financial independence. (17) The Patient Protection and Affordable Care Act (Public Law 111-148), and the amendments made by such Act, ensures that most health plans must cover preventive services, including screening and counseling for domestic violence, at no additional cost. In addition, it prohibits insurance companies from discriminating against patients for preexisting conditions, like domestic violence. (18) Yet, more can be done to help survivors. Federal law in effect on the day before the date of enactment of this Act does not explicitly-- (A) authorize survivors of domestic violence, dating violence, sexual assault, or stalking to take leave from work to seek legal assistance and redress, counseling, or assistance with safety planning activities; (B) address the eligibility of survivors of domestic violence, dating violence, sexual assault, stalking, sexual harassment, family violence, gender- based violence and harassment, or trafficking for unemployment compensation; (C) provide job protection to survivors of domestic violence, dating violence, sexual assault, stalking, sexual harassment, family violence, gender-based violence and harassment, or trafficking; (D) prohibit insurers and employers who self-insure employee benefits from discriminating against survivors of domestic violence, dating violence, sexual assault, stalking, sexual harassment, family violence, gender- based violence and harassment, or trafficking, and those who help them in determining eligibility, rates charged, and standards for payment of claims; or (E) prohibit insurers from disclosing information about abuse and the location of the survivors through insurance databases and other means. (19) October is National Domestic Violence Awareness Month. (20) This Act aims to empower survivors of domestic violence, dating violence, sexual assault, or stalking to be free from violence, hardship, and control, which restrains basic human rights to freedom and safety in the United States. SEC. 3. DEFINITIONS. In this Act: (1) Communication of an intimate visual depiction.-- (A) In general.--The term ``communication of an intimate visual depiction'', when used with respect to an individual, includes a transmission, dissemination, or receipt through electronic or other communication containing at least 1 intimate visual depiction of the individual without the individual's consent. (B) Definitions.--In this paragraph: (i) Intimate visual depiction.--The term ``intimate visual depiction'' means any-- (I) photograph, motion picture film, videotape, digital image, image from social media, or any other recording or other image of an individual (other than the person taking the image), which individual is identifiable from the image itself or from information displayed with or otherwise connected to the image, that depicts-- (aa) sexual activity, including sexual intercourse or masturbation; or (bb) an individual's intimate body parts, whether nude or visible through less than opaque clothing; or (II) deepfake of the individual used to realistically depict the individual such that a reasonable person would believe the individual is actually depicted, that depicts-- (aa) sexual activity, including sexual intercourse or masturbation; or (bb) an individual's intimate body parts, whether nude or visible through less than opaque clothing. (ii) Consent.--The term ``consent'' means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion. (iii) Deepfake.--The term ``deepfake'' means a video or image that is generated or substantially modified using machine-learning techniques or any other computer-generated or machine-generated means to falsely depict an individual's appearance or conduct. (2) Dating violence; sexual assault; stalking.--The terms ``dating violence'', ``sexual assault'', and ``stalking'' have the meanings given the terms in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291). (3) Domestic partner.-- (A) In general.--The term ``domestic partner'', with respect to an individual, means another individual with whom the first individual is in a committed relationship, as defined under subparagraph (B). (B) Committed relationship.--In this paragraph, the term ``committed relationship'' means a relationship in which the covered individual, and the domestic partner of the covered individual, share responsibility for a significant measure of each other's common welfare. This includes any relationship between individuals of the same or different sex that is granted legal