[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