[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4016 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4016

To provide unemployment insurance to those who are separated from their 
 employment as a result of domestic violence, dating violence, sexual 
                         assault, or stalking.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 31, 2007

 Ms. Roybal-Allard (for herself and Mr. Poe) introduced the following 
      bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
To provide unemployment insurance to those who are separated from their 
 employment as a result of domestic violence, dating violence, sexual 
                         assault, or stalking.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Unemployment Insurance for Survivors 
Act of 2007''.

SEC. 2. DEFINITIONS.

    In this Act, except as otherwise expressly provided:
            (1) Commerce.--The terms ``commerce'' and ``industry or 
        activity affecting commerce'' have the meanings given the terms 
        in section 101 of the Family and Medical Leave Act of 1993 (29 
        U.S.C. 2611).
            (2) Dating violence.--The term ``dating violence'' has the 
        meaning given the term in section 40002 of the Violence Against 
        Women Act of 1994 (42 U.S.C. 13925).
            (3) Domestic violence.--The term ``domestic violence'' has 
        the meaning given the term in section 40002 of the Violence 
        Against Women Act of 1994 (42 U.S.C. 13925).
            (4) Domestic violence coalition.--The term ``domestic 
        violence coalition'' means a nonprofit, nongovernmental 
        membership organization that--
                    (A) consists of the entities carrying out a 
                majority of the domestic violence programs carried out 
                within a State;
                    (B) collaborates and coordinates activities with 
                Federal, State, and local entities to further the 
                purposes of domestic violence intervention and 
                prevention; and
                    (C) among other activities, provides training and 
                technical assistance to entities carrying out domestic 
                violence programs within a State, territory, political 
                subdivision, or area under Federal authority.
            (5) Employ; state.--The terms ``employ'' and ``State'' have 
        the meanings given the terms in section 3 of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 203).
            (6) Employee.--
                    (A) In general.--The term ``employee'' means any 
                person employed by an employer. In the case of an 
                individual employed by a public agency, such term means 
                an individual employed as described in section 3(e)(2) 
                of the Fair Labor Standards Act of 1938 (29 U.S.C. 
                203(e)(2)).
                    (B) Basis.--The term includes a person employed as 
                described in subparagraph (A) on a full- or part-time 
                basis, for a fixed time period, on a temporary basis, 
                pursuant to a detail, or as a participant in a work 
                assignment as a condition of receipt of Federal or 
                State income-based public assistance.
            (7) Employer.--The term ``employer''--
                    (A) means any person engaged in commerce or in any 
                industry or activity affecting commerce who employs 15 
                or more individuals; and
                    (B) includes any person acting directly or 
                indirectly in the interest of an employer in relation 
                to an employee, and includes a public agency that 
                employs individuals as described in section 3(e)(2) of 
                the Fair Labor Standards Act of 1938, but does not 
                include any labor organization (other than when acting 
                as an employer) or anyone acting in the capacity of 
                officer or agent of such labor organization.
            (8) Employment benefits.--The term ``employment benefits'' 
        means all benefits provided or made available to employees by 
        an employer, including group life insurance, health insurance, 
        disability insurance, sick leave, annual leave, educational 
        benefits, and pensions, regardless of whether such benefits are 
        provided by a practice or written policy of an employer or 
        through an ``employee benefit plan'', as defined in section 
        3(3) of the Employee Retirement Income Security Act of 1974 (29 
        U.S.C. 1002(3)).
            (9) Parent; son or daughter.--The terms ``parent'' and 
        ``son or daughter'' have the meanings given the terms in 
        section 101 of the Family and Medical Leave Act of 1993 (29 
        U.S.C. 2611).
            (10) Person.--The term ``person'' has the meaning given the 
        term in section 3 of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 203).
            (11) Sexual assault.--The term ``sexual assault'' has the 
        meaning given the term in section 40002 of the Violence Against 
        Women Act of 1994 (42 U.S.C. 13925).
            (12) Sexual assault coalition.--The term ``sexual assault 
        coalition'' means a nonprofit, nongovernmental membership 
        organization that--
                    (A) consists of the entities carrying out a 
                majority of the sexual assault programs carried out 
                within a State;
                    (B) collaborates and coordinates activities with 
                Federal, State, and local entities to further the 
                purposes of sexual assault intervention and prevention; 
                and
                    (C) among other activities, provides training and 
                technical assistance to entities carrying out sexual 
                assault programs within a State, territory, political 
                subdivision, or area under Federal authority.
            (13) Stalking.--The term ``stalking'' has the meaning given 
        the term in section 40002 of the Violence Against Women Act of 
        1994 (42 U.S.C. 13925).
            (14) Victim of domestic violence, dating violence, sexual 
        assault, or stalking.--The term ``victim of domestic violence, 
        dating violence, sexual assault, or stalking'' includes a 
        person who has been a victim of domestic violence, dating 
        violence, sexual assault, or stalking and a person whose family 
        or household member has been a victim of domestic violence, 
        dating violence, sexual assault, or stalking.
            (15) Victim services organization.--The term ``victim 
        services organization'' means a nonprofit, nongovernmental 
        organization that provides assistance to victims of domestic 
        violence, dating violence, sexual assault, or stalking, or to 
        advocates for such victims, including a rape crisis center, an 
        organization carrying out a domestic violence program, an 
        organization operating a shelter or providing counseling 
        services, or an organization providing assistance through the 
        legal process.

SEC. 3. PURPOSES.

    The purposes of this Act are, pursuant to the affirmative power of 
Congress to enact legislation under the portions of section 8 of 
article I of the Constitution relating to laying and collecting taxes, 
providing for the general welfare, and regulation of commerce among the 
several States, and under section 5 of the 14th amendment to the 
Constitution--
            (1) to promote the national interest in reducing domestic 
        violence, dating violence, sexual assault, and stalking by 
        enabling victims of domestic violence, dating violence, sexual 
        assault, or stalking to maintain the financial independence 
        necessary to leave abusive situations, achieve safety, and 
        minimize the physical and emotional injuries from domestic 
        violence, dating violence, sexual assault, or stalking, and to 
        reduce the devastating economic consequences of domestic 
        violence, dating violence, sexual assault, or stalking to 
        employers and employees;
            (2) to promote the national interest in ensuring that 
        victims of domestic violence, dating violence, sexual assault, 
        or stalking can recover from and cope with the effects of such 
        victimization and participate in the criminal and civil justice 
        processes without fear of adverse economic consequences;
            (3) to minimize the negative impact on interstate commerce 
        from dislocations of employees and harmful effects on 
        productivity, loss of employment, health care costs, and 
        employer costs, caused by domestic violence, dating violence, 
        sexual assault, or stalking, including intentional efforts to 
        frustrate the ability of women to participate in employment and 
        interstate commerce;
            (4) to promote the purposes of the 14th amendment to the 
        Constitution by preventing sex-based discrimination and 
        discrimination against victims of domestic violence, dating 
        violence, sexual assault, or stalking in unemployment 
        insurance, by addressing the failure of existing laws to 
        protect the employment rights of victims of domestic violence, 
        dating violence, sexual assault, or stalking, by protecting 
        their civil and economic rights, and by furthering the equal 
        opportunity of women for economic self-sufficiency and 
        employment free from discrimination; and
            (5) to accomplish the purposes described in paragraphs (1) 
        through (4) by providing unemployment insurance to those who 
        are separated from their employment as a result of domestic 
        violence, dating violence, sexual assault, or stalking, in a 
        manner that accommodates the legitimate interests of employers 
        and protects the safety of all persons in the workplace.

SEC. 4. UNEMPLOYMENT COMPENSATION AND TRAINING PROVISIONS.

    (a) Unemployment Compensation.--Section 3304 of the Internal 
Revenue Code of 1986 (relating to approval of State unemployment 
compensation laws) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (18), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (19) as paragraph 
                (20); and
                    (C) by inserting after paragraph (18) the following 
                new paragraph:
            ``(19) compensation shall not be denied where an individual 
        is separated from employment due to circumstances resulting 
        from the individual's experience of domestic violence, dating 
        violence, sexual assault, or stalking, 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 State; and''; and
            (2) by adding at the end the following new subsection:
    ``(g) Construction.--For purposes of subsection (a)(19)--
            ``(1) Documentation.--In determining eligibility for 
        compensation due to circumstances resulting from an 
        individual's experience of domestic violence, dating violence, 
        sexual assault, or stalking--
                    ``(A) States shall adopt, or have adopted, by 
                statute, regulation, or policy a list of forms of 
                documentation that may be presented to demonstrate 
                eligibility; and
                    ``(B) presentation of any one of such forms of 
                documentation shall be sufficient to demonstrate 
                eligibility, except that a State may require the 
                presentation of a form of identification in addition to 
                the written statement of claimant described in 
                paragraph (2)(G).
            ``(2) List of forms of documentation.--The list referred to 
        in paragraph (1)(A) shall include not less than 3 of the 
        following forms of documentation:
                    ``(A) An order of protection or other documentation 
                issued by a court.
                    ``(B) A police report or criminal charges 
                documenting the domestic violence, dating violence, 
                sexual assault, or stalking.
                    ``(C) Documentation that the perpetrator has been 
                convicted of the offense of domestic violence, dating 
                violence, sexual assault, or stalking.
                    ``(D) Medical documentation of the domestic 
                violence, dating violence, sexual assault, or stalking.
                    ``(E) Evidence of domestic violence, dating 
                violence, sexual assault, or stalking from a counselor, 
                social worker, health worker, or domestic violence 
                shelter worker.
                    ``(F) A written statement that the applicant or the 
                applicant's minor child is a victim of domestic 
                violence, dating violence, sexual assault, or stalking, 
                provided by a social worker, member of the clergy, 
                shelter worker, attorney at law, or other professional 
                who has assisted the applicant in dealing with the 
                domestic violence, dating violence, sexual assault, or 
                stalking.
                    ``(G) A written statement of the claimant.
            ``(3) Domestic violence, dating violence, sexual assault, 
        and stalking defined.--The terms `domestic violence', `dating 
        violence', `sexual assault', and `stalking' have the meanings 
        given such terms in section 3 of the Security and Financial 
        Empowerment Act.''.
    (b) Unemployment Compensation Personnel Training.--Section 303(a) 
of the Social Security Act (42 U.S.C. 503(a)) is amended--
            (1) by redesignating paragraphs (4) through (10) as 
        paragraphs (5) through (11), respectively; and
            (2) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) Such methods of administration as will ensure that--
                    ``(A) applicants for unemployment compensation and 
                individuals inquiring about such compensation are 
                adequately notified of the provisions of subsections 
                (a)(19) and (g) of section 3304 of the Internal Revenue 
                Code of 1986 (relating to the availability of 
                unemployment compensation for victims of domestic 
                violence, dating violence, sexual assault, or 
                stalking); and
                    ``(B) claims reviewers and hearing personnel are 
                adequately trained in--
                            ``(i) the nature and dynamics of domestic 
                        violence, dating violence, sexual assault, or 
                        stalking (as such terms are defined in section 
                        3 of the Security and Financial Empowerment 
                        Act); and
                            ``(ii) methods of ascertaining and keeping 
                        confidential information about possible 
                        experiences of domestic violence, dating 
                        violence, sexual assault, or stalking (as so 
                        defined) to ensure that--
                                    ``(I) requests for unemployment 
                                compensation based on separations 
                                stemming from domestic violence, dating 
                                violence, sexual assault, or stalking 
                                (as so defined) are reliably screened, 
                                identified, and adjudicated; and
                                    ``(II) full confidentiality is 
                                provided for the individual's claim and 
                                submitted evidence; and''.
    (c) TANF Personnel Training.--Section 402(a) of the Social Security 
Act (42 U.S.C. 602(a)) is amended by adding at the end the following 
new paragraph:
            ``(8) Certification that the state will provide information 
        to victims of domestic violence, dating violence, sexual 
        assault, or stalking.--A certification by the chief officer of 
        the State that the State has established and is enforcing 
        standards and procedures to--
                    ``(A) ensure that applicants for assistance under 
                the program and individuals inquiring about such 
                assistance are adequately notified of--
                            ``(i) the provisions of subsections (a)(19) 
                        and (g) of section 3304 of the Internal Revenue 
                        Code of 1986 (relating to the availability of 
                        unemployment compensation for victims of 
                        domestic violence, dating violence, sexual 
                        assault, or stalking); and
                            ``(ii) assistance made available by the 
                        State to victims of domestic violence, dating 
                        violence, sexual assault, or stalking (as such 
                        terms are defined in section 3 of the 
                        Unemployment for Survivors Act of 2007);
                    ``(B) ensure that case workers and other agency 
                personnel responsible for administering the State 
                program funded under this part are adequately trained 
                in--
                            ``(i) the nature and dynamics of domestic 
                        violence, dating violence, sexual assault, or 
                        stalking (as so defined);
                            ``(ii) State standards and procedures 
                        relating to the prevention of, and assistance 
                        for individuals who experience, domestic 
                        violence, dating violence, sexual assault, or 
                        stalking (as so defined); and
                            ``(iii) methods of ascertaining and keeping 
                        confidential information about possible 
                        experiences of domestic violence, dating 
                        violence, sexual assault, or stalking (as so 
                        defined);
                    ``(C) if a State has elected to establish and 
                enforce standards and procedures regarding the 
                screening for and identification of domestic violence 
                pursuant to paragraph (7), ensure that--
                            ``(i) applicants for assistance under the 
                        program and individuals inquiring about such 
                        assistance are adequately notified of options 
                        available under such standards and procedures; 
                        and
                            ``(ii) 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 procedures; and
                    ``(D) ensure that the training required under 
                subparagraphs (B) and, if applicable, (C)(ii) is 
                provided through a training program operated by an 
                eligible entity (as defined in section 202(d)(2) of the 
                Unemployment for Survivors Act of 2007).''.
    (d) Domestic Violence, Dating Violence, Sexual Assault, or Stalking 
Training Grant Program.--
            (1) Grants authorized.--The Secretary of Health and Human 
        Services (in this subsection referred to as the ``Secretary'') 
        is authorized to award--
                    (A) a grant to a national victim services 
                organization in order for such organization to--
                            (i) develop and disseminate a model 
                        training program (and related materials) for 
                        the training required under section 
                        303(a)(4)(B) of the Social Security Act, as 
                        added by subsection (b), and under 
                        subparagraphs (B) and, if applicable, (C)(ii) 
                        of section 402(a)(8) of the such Act, as added 
                        by subsection (c); and
                            (ii) provide technical assistance with 
                        respect to such model training program; and
                    (B) grants to State, tribal, or local agencies in 
                order for such agencies to contract with eligible 
                entities to provide State, tribal, or local case 
                workers and other State, tribal, 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 (B) and, if applicable, (C)(ii) of 
                such section 402(a)(8).
            (2) Eligible entity defined.--For purposes of paragraph 
        (1)(B), the term ``eligible entity'' means an entity--
                    (A) that is--
                            (i) a domestic violence coalition or sexual 
                        assault coalition;
                            (ii) a victim services organization with 
                        recognized expertise in the dynamics of 
                        domestic violence, dating violence, sexual 
                        assault, or stalking whose primary mission is 
                        to provide services to victims of domestic 
                        violence, dating violence, sexual assault, or 
                        stalking, such as a rape crisis center or 
                        domestic violence program; or
                            (iii) 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 
                        implementation, but only if such organization 
                        will provide the required training in 
                        partnership with an entity described in clause 
                        (i) or (ii); and
                    (B) that--
                            (i) has demonstrated expertise in both 
                        domestic violence and sexual assault, such as a 
                        joint domestic violence and sexual assault 
                        coalition; or
                            (ii) will provide the required training in 
                        partnership with an entity described in clause 
                        (i) or (ii) of subparagraph (A) in order to 
                        comply with the dual domestic violence and 
                        sexual assault expertise requirement under 
                        clause (i).
            (3) Application.--An entity seeking a grant under this 
        subsection shall submit an application to the Secretary at such 
        time, in such form and manner, and containing such information 
        as the Secretary specifies.
            (4) Reports.--
                    (A) Reports to congress.--The Secretary shall 
                annually submit a report to Congress on the grant 
                program established under this subsection.
                    (B) Reports available to public.--The Secretary 
                shall establish procedures for the dissemination to the 
                public of each report submitted under subparagraph (A). 
                Such procedures shall include the use of the Internet 
                to disseminate such reports.
            (5) Authorization of appropriations.--
                    (A) Authorization.--There are authorized to be 
                appropriated--
                            (i) $1,000,000 for fiscal year 2008 to 
                        carry out the provisions of paragraph (1)(A); 
                        and
                            (ii) $12,000,000 for each of fiscal years 
                        2009 through 2011 to carry out the provisions 
                        of paragraph (1)(B).
                    (B) 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 3 years after the date the grant was 
                awarded, together with any earnings on such unused 
                portion.
                    (C) Amounts returned.--Any amounts returned 
                pursuant to subparagraph (B) shall be available without 
                further appropriation to the Secretary for the purpose 
                of carrying out the provisions of paragraph (1)(B).
    (e) Effect on Existing Laws, etc.--
            (1) More protective laws, agreements, programs, and 
        plans.--Nothing in this Act shall be construed to supersede any 
        provision of any Federal, State, or local law, collective 
        bargaining agreement, or employment benefits program or plan 
        that provides greater unemployment insurance benefits for 
        victims of domestic violence, dating violence, sexual assault, 
        or stalking than the rights established under this Act.
            (2) Less protective laws, agreements, programs, and 
        plans.--The rights established for victims of domestic 
        violence, dating violence, sexual assault, or stalking under 
        this Act shall not be diminished by any more restrictive State 
        or local law, collective bargaining agreement, or employment 
        benefits program or plan.
    (f) Effective Dates.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), the amendments made by this section shall take effect 180 
        days after the date of enactment of this Act.
            (2) Amendments relating to unemployment compensation.--
                    (A) In general.--If the Secretary of Labor finds 
                that legislation is necessary in order for the 
                unemployment compensation law of a State to comply with 
                the amendments made by subsection (a) or paragraph (1) 
                or (2) of subsection (b), then the amendments made by 
                such subsection or paragraph (1) or (2) (as the case 
                may be) shall not apply with respect to such law until 
                the later of--
                            (i) 180 days after the date of enactment of 
                        this Act; or
                            (ii) the earlier of--
                                    (I) the effective date of any 
                                legislation which is necessary in order 
                                to bring such law into compliance with 
                                the amendments made by such subsection 
                                or paragraph (1) or (2) (as the case 
                                may be); or
                                    (II) the first day of the first 
                                calendar quarter beginning after the 
                                day after the close of the first 
                                regular session of the State 
                                legislature that begins after the date 
                                of enactment of this Act or that began 
                                prior to such date of enactment and 
                                remains in session for at least 25 
                                calendar days after such date of 
                                enactment.
                    (B) Session defined.--For purposes of subparagraph 
                (A)(ii), in the case of a State that has a 2-year 
                legislative session, each year of the session is 
                considered to be a separate regular session of the 
                State legislature.
            (3) TANF amendment.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the amendment made by subsection (c) shall take 
                effect on the date of enactment of this Act.
                    (B) 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 
                legislation in order for the plan to meet the 
                additional requirements imposed by the amendment made 
                by subsection (c) of this section, the State plan shall 
                not be regarded as failing to comply with the 
                requirements of the amendment on the basis of the 
                failure of the State to meet the additional 
                requirements before the 1st day of the 1st calendar 
                quarter that--
                            (i) begins after the date of the enactment 
                        of this Act; and
                            (ii) is covered by a plan submitted by the 
                        State pursuant to section 402(a) of the Social 
                        Security Act.
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