Overview
Title
To promote the economic security and safety of survivors of domestic violence, dating violence, sexual assault, or stalking, and for other purposes.
ELI5 AI
H. R. 9693 is a bill that wants to make sure people who have been hurt or scared by someone they know can feel safe and get help. It plans to give them time off work, protect them from being treated unfairly at jobs, and make sure they can get money support if they need to stop working all while teaching everyone else more about staying safe.
Summary AI
H. R. 9693, known as the “Security And Financial Empowerment for Survivors Act of 2024,” aims to improve the economic security and safety of survivors of domestic violence, dating violence, sexual assault, or stalking. The bill proposes granting victims paid leave, protection from workplace discrimination, and entitlement to unemployment benefits. Additionally, the legislation seeks to prevent insurance discrimination, enhance public education on violence awareness, and fund support services for victims.
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AnalysisAI
The "Security And Financial Empowerment for Survivors Act of 2024," or the "SAFE for Survivors Act," is a legislative proposal designed to enhance the economic security and safety for individuals who have survived domestic violence, dating violence, sexual assault, or stalking. This bill outlines various measures, such as granting leave for victims, prohibiting employment and insurance discrimination, and ensuring unemployment benefits are accessible for those affected by such acts. The Act also emphasizes educational campaigns to raise awareness about violence and support available to victims.
General Summary
The SAFE for Survivors Act is a comprehensive policy initiative aimed at addressing the economic and safety needs of violence survivors. It seeks to provide avenues for safe leave, reinforce unemployment benefits, protect against discrimination by employers and insurers, and promote awareness and education around violence against women and other marginalized individuals. Additionally, the Act includes mechanisms to support public health infrastructure, ensuring victims receive appropriate assistance and support.
Significant Issues
Several significant issues arise from the provisions set forth in the Act:
The economic burden on small businesses is a notable concern. The mandated provision of up to 40 workdays of leave for employees affected by violence could financially strain smaller employers, posing potential challenges in maintaining operations.
Clarity and consistency in definitions and terms are essential for the law's effective application. Terms such as "qualifying act of violence," "safe leave," and "retaliation" need precise definitions to ensure uniform enforcement and interpretation across different cases and jurisdictions.
The Act allows states to adopt broader definitions for a "qualifying act of violence" concerning unemployment compensation. This flexibility may lead to disparate applications and accessibility of benefits across state lines, thus affecting equality of assistance.
The lack of specific appropriation amounts for some educational and support programs could lead to budgetary challenges and potential instances of unchecked spending, raising concerns about accountability and fiscal responsibility.
Concerns exist about the confidentiality provisions that might clash with other legal mandates, such as those related to public health or lawful subpoenas, creating potential legal dilemmas for employers and insurers.
Public Impact
Broadly, this Act aims to offer greater security and empowerment for survivors of violence, ultimately fostering a safer and more equitable society. By improving support systems and mitigating economic and discriminatory challenges faced by survivors, the Act promotes societal well-being and ensures that victims can secure their rights without compromising their safety or livelihoods.
However, the economic demands on small businesses might impact employment opportunities, as companies may need to account for potential costs associated with compliance. Additionally, differences in state definitions could affect the uniform implementation of benefits, potentially leading to confusion and inequality in survivor assistance.
Stakeholder Impact
Survivors will profoundly benefit from the additional protection and support enshrined in this legislation, as it directly intends to tackle the various forms of abuse and challenges they face. Moreover, by prohibiting discrimination and ensuring leave entitlement, the Act strives to create a more inclusive and supportive environment.
Employers, particularly small businesses, may face operational and financial challenges due to the mandatory leave provisions. There are no specific provisions in the text that offer financial relief or incentives to alleviate these costs, which might place a hardship on smaller businesses.
Insurers must reevaluate their policies and procedures to ensure compliance with nondiscriminatory practices, which could implicate process restructuring but align with fair treatment of all policyholders.
Overall, while the SAFE for Survivors Act seeks to bolster protections for victims and hold accountable entities responsible for discrimination, it will require careful balance and implementation to ensure that all stakeholders can be adequately supported and that the goals of the legislation are met effectively.
Financial Assessment
In examining the financial components of the "Security And Financial Empowerment for Survivors Act of 2024" (H. R. 9693), several key areas of monetary significance emerge. These include estimated costs related to domestic violence, proposed funding for initiatives, and potential impacts on businesses and state programs.
Financial Costs and Estimates
The Findings section (Sec. 2) of the bill highlights the significant economic toll of intimate partner violence. It mentions that the annual costs exceed $8.3 billion, with direct expenses related to medical and mental healthcare reaching $4.1 billion and losses in productivity accounting for $1.8 billion. Additionally, it projects that workdays lost over victims’ lifetimes from violence and harassment have a value of $137.8 billion. These figures form part of the foundation for the bill's proposals and illustrate the substantial financial burden that violence imposes on society.
Appropriations and Funding
In Section 512, the bill amends the Family Violence Prevention and Services Act to authorize an allocation of $15 million per year from 2025 to 2029. This funding is aimed at investing in public health infrastructure to improve support for victims. While this provision shows a clear dedication to financial investment in victim services, the lack of specific allocation details raises concerns about potential unchecked or wasteful spending, aligning with one of the identified issues regarding budget oversight.
Employer and State Impacts
Section 201 introduces an entitlement for victims to 40 workdays of leave annually, with at least 10 days being paid. While this provision intends to support victims, it could financially burden small businesses, affecting operations and resource allocations. This financial strain on employers is a potential concern, as acknowledged in the issues outlined.
Furthermore, Section 401 enables states to provide unemployment compensation to victims of violence. It stipulates that states may adopt broader definitions of a "qualifying act of violence," which could lead to inconsistencies in benefits across states and affect the administrative financial commitments required to sustain this provision.
Penalties and Damages
The bill outlines penalties for employers who violate provisions related to safe leave and discrimination. In Section 203, it mandates damages for affected individuals, which includes the greater of $1,000 or the amount of any lost wages and additional liquidated damages. Also, employers may face a civil monetary penalty of $1,000 per violation payable to the Secretary of Labor. Similarly, Section 304 sets punitive damages at not more than $100,000 for violations by public agencies, potentially incentivizing compliance but also impacting financial liability for those entities.
Conclusion
Overall, the "Security And Financial Empowerment for Survivors Act of 2024" proposes substantial financial commitments to support victims of domestic violence, dating violence, sexual assault, and stalking. However, it raises concerns about consistent application and fiscal impacts, particularly regarding appropriations and employer obligations. Ensuring adequate oversight and clarity in financial allocations will be crucial to the effective implementation of the proposed measures.
Issues
The costs and statistics referenced in the Findings section (Sec. 2) may be outdated, leading to potentially inaccurate financial planning and misrepresentation of the current economic impact of intimate partner violence.
The requirement for employers to provide 40 workdays of leave annually for victims of violence in Section 201 could be financially burdensome for small businesses, potentially affecting their operations and resource allocation.
Section 202 lacks specific definitions for terms such as 'safe leave' and 'retaliation,' which may lead to inconsistent interpretations and enforcement in legal proceedings.
Section 303's term 'qualifying act of violence' is not explicitly defined within the section, which may lead to ambiguity in interpretation and enforcement, affecting consistency across cases.
Section 401 allows states to adopt a broader definition of 'qualifying act of violence' for unemployment compensation, potentially leading to inconsistencies across states and unequal access to benefits.
The authorization of appropriations without specific dollar amounts in Section 511 can lead to unchecked or wasteful spending, raising concerns about budget oversight.
Section 503's lack of specific guidance for insurers on developing written policies to protect victims might result in inconsistent implementation and adherence.
The provision in Section 306 for attorney's fees doesn't specify how this inclusion impacts the calculation or distribution within the context of 42 U.S.C. 1988(b), causing potential ambiguity in legal proceedings.
Section 512 involves significant funding without specifying allocation or usage, raising concerns about potential wasteful spending and favoritism in fund distribution.
Confidentiality and nondisclosure clauses in Sections 201 and 303 might conflict with other legal obligations, such as public health reporting, leading to possible legal challenges for employers.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title; table of contents Read Opens in new tab
Summary AI
This document is the "Security And Financial Empowerment for Survivors Act of 2024" which outlines various sections including reauthorization of grants for workplace support for victims, entitlement to safe leave for addressing violence, and rules on unemployment compensation for victims. It also discusses insurance protections for victims, details the definitions and prohibitions of discriminatory acts, and includes sections on enforcement, remedies, and the promotion of educational programs for victims.
2. Findings Read Opens in new tab
Summary AI
Congress has identified that gender-based violence, including domestic and sexual violence, is widespread in the United States and has severe impacts on survivors' health, employment, and financial stability. The findings highlight the economic abuse aspect, barriers faced by survivors, and the need for more supportive federal laws to protect survivors' rights and well-being.
Money References
- (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.
- (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).
3. Definitions Read Opens in new tab
Summary AI
The section defines various terms used in the context of the bill, such as "communication of an intimate visual depiction," which involves sharing sensitive images without consent, and "domestic partner," referring to someone in a committed relationship. It also covers definitions for concepts like "employer," "public assistance," "gender-based violence," and "victim services organization," providing clarity on who and what the bill aims to protect and regulate.
4. Rule of construction regarding more protective laws, agreements, programs, and plans Read Opens in new tab
Summary AI
The section explains that the new Act does not override any existing Federal, State, or local laws, agreements, or programs that offer either more leave rights or cover more victims of violence than the new Act intends to cover.
5. Arbitration Read Opens in new tab
Summary AI
In Section 5, the text states that certain arbitration agreements or waivers related to claims from specific titles of the Act cannot be used or enforced before any disputes arise. Furthermore, any disagreements about whether these titles apply to a specific dispute will be decided by a court using federal law, not an arbitrator, regardless of what the arbitration agreement says.
101. Grant program reauthorization Read Opens in new tab
Summary AI
The bill amends the Violence Against Women Act to extend support to organizations helping victims, allowing them to provide resources to employers and employees. It also specifies that no more than 2.5% of funds can be used for grant administration, and no more than 5% for evaluating the effectiveness of these programs.
201. Entitlement to safe leave for addressing domestic violence, dating violence, sexual assault, or stalking Read Opens in new tab
Summary AI
Employers must provide employees with up to 40 days of safe leave each year for issues related to domestic violence, with at least 10 days being paid leave. Confidentiality is maintained, and employees' positions and benefits are protected during this leave, allowing employees to handle legal, medical, and other necessary matters without losing their jobs or health coverage.
202. Prohibited acts Read Opens in new tab
Summary AI
This section explains that it is illegal for anyone to retaliate against a person for exercising their rights related to safe leave, such as taking leave or opposing illegal practices. It also states that taking negative employment actions after someone uses their leave could be presumed as retaliation, and punishing anyone for participating in related proceedings or inquiries is prohibited.
203. Enforcement Read Opens in new tab
Summary AI
The section of the bill outlines the processes for enforcing the provisions of sections 201 and 202 through civil actions. It details how affected employees can seek damages, including wages and benefits, if an employer violates these sections, and describes the role of the Secretary of Labor in addressing and penalizing such violations. The bill also specifies limitations on when legal actions can be initiated and addresses the liabilities of employers under other laws, as well as the involvement of other administrative bodies for different categories of federal employees.
Money References
- — (1) LIABILITY.—Any employer that violates section 201 or 202 shall be liable to any individual affected— (A) for damages equal to— (i) the greater of, $1,000 or the amount of— (I) any wages, salary, employment benefits, or other compensation denied or lost to such individual by reason of the violation; or (II) in a case in which wages, salary, employment benefits, or other compensation has not been denied or lost to the individual, any actual monetary losses sustained by the individual as a direct result of the violation; (ii) the interest on the amount described in clause (i) calculated at the prevailing rate; and (iii) an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii), except that if an employer that has violated section 201 or 202 proves to the satisfaction of the court that the act or omission that violated section 201 or 202 was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of section 201 or 202, such court may, in the discretion of the court, reduce the amount of the liability to the amount and interest determined under clauses (i) and (ii), respectively; and (B) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (2) RIGHT OF ACTION.—An
- (4) CIVIL MONETARY PENALTIES.—In addition to the penalties payable to an affected individual under this subsection, any employer that violates section 201 or 202 shall be subject to a penalty payable to the Secretary of Labor of $1,000 per violation for each individual affected.
204. Existing leave usable for a qualifying act of violence Read Opens in new tab
Summary AI
An employee who has the right to take leave from work, whether it's paid or unpaid, can choose to use this leave if they are dealing with an incident of violence, according to federal, state, local laws, or agreements with their employer. This means they can swap the leave they have for a new type of leave specified in a different section of the law.
205. Emergency benefits Read Opens in new tab
Summary AI
A state can use specific Social Security funds to give short-term emergency benefits to individuals taking leave as allowed by the law, provided they qualify financially by having only accessible cash counted. Eligible individuals must apply to their state, which is required to provide these benefits quickly, within seven days of the application.
206. Regulations Read Opens in new tab
Summary AI
The section mandates the Secretary of Labor to create regulations for implementing the title, including requiring employers to display notices about the title's provisions and how to file complaints. It also states that other administrative officers can create consistent regulations for their employees according to the guidelines set by the Secretary of Labor.
301. Short title Read Opens in new tab
Summary AI
The section provides the official short title for the legislative measure, which is the “Survivors’ Employment Sustainability Act.”
302. Definitions Read Opens in new tab
Summary AI
The text provides definitions for terms used in a section of a congressional bill, covering meanings for terms like "board," "commission," "discriminate," "employee," "employer," "qualified employee," "reasonable accommodation," and "undue hardship." These definitions relate to employment and safety considerations for individuals affected by acts of violence, outlining when adjustments or accommodations can be made and under what conditions they may be declined due to undue hardship.
303. Prohibited discriminatory acts Read Opens in new tab
Summary AI
The text prohibits employers and public agencies from discriminating against people who have been victims of violence by unfairly treating them in employment or public assistance matters. It requires employers to provide reasonable accommodations to such victims and keep their information confidential, while also outlining the process for handling requests and maintaining privacy.
304. Remedies and enforcement Read Opens in new tab
Summary AI
The section outlines the remedies and enforcement mechanisms for employment discrimination claims. It specifies the powers, remedies, and procedures available under various laws and acts, like the Civil Rights Act and the Government Employee Rights Act, for different groups of employees, and establishes the potential liabilities of public agencies in cases of discrimination, including monetary and punitive damages, equitable relief, and the awarding of legal fees and costs to successful plaintiffs.
Money References
- — (1) IN GENERAL.—Any public agency that violates section 303(b) shall be liable to any individual affected— (A) for damages equal to— (i) the value of the benefits denied or lost to such individual by reason of the violation, or in a case in which benefits have not been denied or lost to the individual, any actual monetary losses sustained by the individual as a direct result of the violation; and (ii) punitive damages of not more than $100,000; and (B) for such equitable relief as may be appropriate.
305. Rulemaking Read Opens in new tab
Summary AI
The section outlines how the Equal Employment Opportunity Commission (EEOC) and the Office of Congressional Workplace Rights (OCWR) must create rules to implement a title. The OCWR must issue regulations 6 months after the EEOC finalizes theirs, aligning closely with the EEOC’s rules unless specific differences are justified to better protect employees.
306. Attorney’s fees Read Opens in new tab
Summary AI
The section modifies the Revised Statutes by adding the "Survivors’ Employment Sustainability Act" to the list of laws where attorney's fees can be awarded under federal law.
401. Unemployment compensation for victims of a qualifying act of violence Read Opens in new tab
Summary AI
The text outlines provisions to ensure that victims of qualifying acts of violence can receive unemployment compensation even if they voluntarily leave their jobs due to being victims. It mandates the training of unemployment personnel to handle such cases sensitively and confidentially, allows states to define broader protections, and establishes a grant program to develop training materials for personnel dealing with these cases, ensuring victims' rights are not diminished by less protective laws.
501. Definitions Read Opens in new tab
Summary AI
In this title, several key terms are defined: "abuser" refers to someone who commits a violent act; "insured" describes a person or entity named in an insurance policy having rights to the benefits, including those covered under group and life insurance; "insurer" includes any person or legal entity involved in providing insurance, such as agents and brokers, and extends to employers who offer employee benefits; and "policy" refers to an insurance contract or agreement issued by an insurer, covering contracts like indemnity or annuity.
502. Discriminatory acts prohibited Read Opens in new tab
Summary AI
This section prohibits insurance companies from discriminating against victims of violence by refusing to issue or renew policies, adding extra charges, or terminating coverage solely because the victim is connected to a violent act. It also ensures that insurers cannot use or share sensitive information about victims without their consent, except when required by law, and allows victims to provide evidence of the violence to insurers to receive related treatments.
503. Insurance protocols for victims of a qualifying act of violence Read Opens in new tab
Summary AI
Each insurance company must create and follow written procedures to protect the safety and privacy of victims of a violent act. These procedures apply when the company is handling applications, claims, or any actions related to a policy involving a victim of a violent act.
504. Reasons for adverse actions Read Opens in new tab
Summary AI
An insurer must inform a victim of a qualifying act of violence of the exact reasons for any adverse action taken against them, provided in writing. General references to underwriting practices or guidelines do not count as specific reasons.
505. Life insurance Read Opens in new tab
Summary AI
In this section, it explains that a life insurance company can refuse to give a policy if the person applying either has no insurable interest in the person being insured or has been violent towards them, as shown by police or court records.
506. Subrogation without consent prohibited Read Opens in new tab
Summary AI
The section states that if someone has a claim due to a violent act, others cannot take over that claim without the victim's informed consent.
507. Enforcement Read Opens in new tab
Summary AI
The section outlines the enforcement process for unfair or deceptive practices under a certain law, stating that the Federal Trade Commission will handle such cases similarly to other unfair practices. It also allows individuals who feel wronged by an insurer's actions to sue in court for various forms of relief, including compensation and damages, with the option for statutory damages of $5,000 per violation.
Money References
- (3) STATUTORY DAMAGES.—With respect to compensatory damages in an action described in paragraph (1), the aggrieved individual may elect, at any time prior to the rendering of final judgment, to recover in lieu of actual damages, an award of statutory damages in the amount of $5,000 for each violation.
508. Applicability Read Opens in new tab
Summary AI
The rules in this section will be relevant for actions taken after the law is passed.
511. Qualifying acts of violence education and information programs for victims Read Opens in new tab
Summary AI
The section outlines a national public education campaign, coordinated by the Secretary of Labor, the Secretary of Health and Human Services, and the Attorney General, to raise awareness about acts of violence and provide information to victims, employers, and other key partners. It also includes a study on workplace responses to such violence and allocates funding for these activities from 2025 to 2029.
512. Investing in public health infrastructure to improve support for victims Read Opens in new tab
Summary AI
The section amends the Family Violence Prevention and Services Act to allocate $15 million per year from 2025 to 2029 to improve public health infrastructure and support victims of family violence.
Money References
- Section 303(c) of the Family Violence Prevention and Services Act (42 U.S.C. 10403(c)) is amended by striking “314” and all that follows and inserting “314 $15,000,000 for each of fiscal years 2025 through 2029.”. ---
601. Severability Read Opens in new tab
Summary AI
If any part of this Act or its amendments is found to be unconstitutional, the rest of the Act and its amendments will still remain in effect and unaffected.