110 HR 4016 IH: Unemployment Insurance for Survivors
U.S. House of Representatives
2007-10-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Unemployment Insurance for Survivors
Act of 2007
.
2.In this Act, except as otherwise expressly
provided:
(1)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)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)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 coalitionThe 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)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)
(A)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)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)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)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)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)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)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)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)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
stalkingThe 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
organizationThe 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.
3.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.
4.Unemployment
compensation and training provisions
(a)Unemployment
compensationSection 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)For
purposes of subsection (a)(19)—
(1)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
documentationThe 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
definedThe 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 trainingSection 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)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 stalkingA 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)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)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)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)
(A)The Secretary shall annually submit a report to Congress
on the grant program established under this subsection.
(B)Reports
available to publicThe 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)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 fundsEach 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)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 plansNothing 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 plansThe 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)
(1)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)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)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)
(A)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 amendmentIn 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.