[Congressional Record Volume 149, Number 155 (Thursday, October 30, 2003)]
[Senate]
[Pages S13661-S13679]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. HOLLINGS (for himself, Mr. Breaux, Ms. Snowe, Mrs. Boxer,
Mr. Graham of South Carolina, Mr. Chafee and Mr. Reed):
S. 1798. A bill to provide for comprehensive fire safety standards
for upholstered furniture, mattresses, bedclothing, and candles; to the
Committee on Commerce, Science, and Transportation.
Mr. HOLLINGS. Mr. President, this Congress has worked towards
providing the brave men and women who fight fires the funds and
material to better perform their crucial tasks. We all saw brave
members of the fire service sacrifice their lives to rescue people from
the World Trade Center. But we do not see firefighters in every town in
America risking their lives every day to save lives and homes from the
ravages of fire. I lost a home to a severe fire, and I saw the
herculean efforts of my local firefighters to save it. Too many people
die or suffer grievous injuries from home fires. During a recent visit
with the firefighters from my home State of South Carolina, they told
me that in spite of their best efforts, nearly 40 people die each year
from home fires.
In my conversations with fire services across the country, I hear two
things. First, the departments need funds for equipment and training.
With the Firefighter Investment and Response Enhancement grant program,
we are on our way to getting these people the resources they need to do
their job. There is more work to do, but this grant program is a start.
Second, and most troubling, is that the best-equipped and best-trained
fire departments cannot out race most home fires.
A recent FEMA-commissioned study from the National Fire Protection
Association reported that 65 percent of our fire departments cannot
respond within 4 minutes of receiving an alarm. The fire that engulfed
the nightclub in Rhode Island is an unfortunate example of what we are
dealing with in regard to fire fighting and fire safety. The fire
department arrived within 5 minutes of the fire starting, which is
exceptionally fast, yet 100 people died that night. Most of them died
within 2 minutes of the fire starting.
Addressing the equipment and training of the fire service is one very
important component to fighting fires. We've begun to address this need
in recent years with the Firefighter Investment and Response
Enhancement
[[Page S13662]]
(FIRE) Act, which I co-sponsored and helped move through the Commerce
Committee in 2000. This established the FIRE grants that have helped
local fire departments across the country acquire the equipment and
training to improve their operations. I've also worked with Senator
Chris Dodd, D-CT, on the Staffing for Adequate Fire and Emergency
Response (SAFER) Act, which would provide the funding to hire 75,000
new firefighters. The legislation is modeled on the success of the COPS
program.
But the soundproofing materials that fed that fire in Rhode Island
are identical to ingredients used in furniture in our homes. Indeed,
the majority of fire deaths occur in homes. So we must address the
underlying causes of home fires, the fuel that feeds them. We need to
reduce the ignition potential of household items.
In 1998, residential fires killed 2,660 Americans, and injured
15,260. Senior citizens over 70 and children under 5 are at the
greatest risk of dying in a fire; children under the age of 10
accounted for 17 percent of fire-related deaths in 1996. Fires also
cause $3.5 billion in residential property loss each year.
It is in this context that Senators John Breaux, D-LA, Olympia Snowe,
R-ME, Barbara Boxer, D-CA, Byron Dorgan, D-ND, Lindsey Graham, R-SC and
I introduce the American Home Fire Safety Act. The Act would establish
minimum combustibility standards for mattresses, upholstered furniture,
candles and bed clothing. American manufacturers already have cost-
effective technology to improve the safety of these products, and are
ready to make products that meet the higher standards.
The United States Consumer Product Safety Commission already has the
authority to set fire safety standards for these products. Yet, despite
overwhelming evidence that new standards would save lives, the
Commission has been slow to address this issue. There are some who ask
for more time for the Commission to work on this issue. More than 20
years have passed since the Commission has addressed product fire
safety. There is no more time to waste.
We have taken great care to select standards that were developed with
the best available science and broad input from scientists at NIST and
ASTM, fire safety officials, industry and consumers. The Act explicitly
asks the EPA to ensure that nothing done in the pursuit of fire safety
would harm Americans in other ways. The standards in the Act will
improve safety and over time will save many lives.
Companies have the technology right now to address fire safety in an
economically responsible way. The number of lives we lose now to home
fires can be dramatically reduced by the standards in this legislation.
I ask for your support in making this a reality.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1798
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 ``American Home Fire Safety
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) There were 12,800 candle fires in 1998, resulting in
170 deaths, 1,200 civilian injuries, and $174,600,000 in
property damage.
(2) In 1998, mattress and bedding fires caused 410 deaths,
2,260 civilian injuries, and $255,400,000 in property damage.
(3) The United States mattress industry has a long history
of working closely with safety officials to reduce mattress
flammability. For the past 25 years, mattresses have been
subject to a Federal flammability standard that requires
mattresses to resist ignition by smoldering cigarettes.
(4) Nevertheless, in 1998, fires involving mattresses and
bedding accessories (which include pillows, comforters, and
bedspreads) caused 410 deaths, 2,260 civilian injuries, and
$255,400,000 in property damage.
(5) In many such fires, the bedding accessories are the
first products to ignite. Such products have a material
impact on the fire's intensity, duration, and the risk that
the fire will spread beyond the room of origin.
(6) Upholstered furniture fires were responsible for 520
deaths in 1998, with little statistical change in the number
of fires and deaths since 1994.
(7) While the fire death rates for upholstered furniture
fires have dropped during the period 1982 through 1994 for
both California and the entire Nation, death rates in
California, which has stricter standards, have dropped by a
larger percentage than the nation as a whole.
(8) Children, the elderly, and lower income families are at
higher risk of death and injury from upholstered furniture
fires caused primarily by the in creasing incidents of
children playing with matches, candles, lighters, or other
small open flames.
(9) In view of the increased incidents of fire, it is
important for Congress to establish fire safety standards for
candles, mattresses, bed clothing, and upholstered furniture.
(10) The Consumer Product Safety Commission is the
appropriate agency to develop and enforce such standards.
(11) The Environmental Protection Agency should continue to
review and determine the suitability of any materials used to
meet any fire safety standard established as a result of this
Act.
(b) Purposes.--The purposes of this Act are--
(1) to protect the public against death and injury from
fires associated with candles, mattresses, bed clothing, and
upholstered furniture; and
(2) to require the Consumer Product Safety Commission to
develop and issue comprehensive uniform safety standards to
reduce the flammability of candles, mattresses, bed clothing,
and upholstered furniture.
SEC. 3. CONSUMER PRODUCT FIRE SAFETY STANDARDS.
(a) In General.--Within 90 days after the date of enactment
of this Act, the Consumer Product Safety Commission shall
promulgate, as final consumer product safety standards under
section 9 of the Consumer Product Safety Act (15 U.S.C.
2058), the following fire safety standards:
(1) Upholstered furniture.--A fire safety standard for
upholstered furniture that is substantially the same as the
provisions of Technical Bulletin 117, ``Requirements, Test
Procedure and Apparatus for testing the Flame and Smolder
Resistance of Upholstered Furniture)'' published by the State
of California, Department of Consumer Affairs, Bureau of Home
Furnishings and Thermal Insulation, February 2002.
(2) Mattresses.--A fire safety standard for mattresses that
is substantially the same as Technical Bulletin 603,
``Requirements and Test Procedure for Resistance of a
Residential Mattress/Box Spring Set to a Large Open Flame'',
published by the State of California, Department of Consumer
Affairs, Bureau of Home Furnishings and Thermal Insulation,
February 2003.
(3) Bedclothing.--A fire safety standard for bedclothing
that is substantially the same as the October 22, 2003, draft
for task force review of Technical Bulletin 604, ``Test
Procedure and Apparatus for the Flame Resistance of Filled
Bedclothing'', published by the State of California,
Department of Consumer Affairs, Bureau of Home Furnishings
and Thermal Insulation, October 2003.
(4) Candles.--A fire safety standard for candles that is
substantially the same as Provisional Standard PS 59-02,
``Provisional Specification for Fire Safety for Candles'',
ASTM International, as that provisional standard existed on
the date of enactment of this Act.
(b) Application of Certain Promulgation Requirements.--The
requirements of subsections (a) through (f) of section 9 of
the Consumer Product Safety Act (15 U.S.C. 2058), and section
36 of that Act (15 U.S.C. 2083), do not apply to the consumer
product safety standards required to be promulgated by
subsection (a) of this section.
Ms. SNOWE. Mr. President, I rise today in support of the American
Home Fire Safety Act authored by my colleague Senator Hollings. I am
pleased to co-sponsor this legislation along with Senators Graham of
South Carolina, Breaux, Boxer and Dorgan. While the purpose of our bill
is to require the Consumer Product Safety Commission to implement
national standards for mattresses, upholstered furniture, candles and
bedding, our ultimate goal is to save lives.
According to the Consumer Products Safety Commission and the National
Fire Protection Association, in 1998, the last year for which
statistics are available, American homes suffered over 330,000 fires
serious enough to require a response from firefighters. In those fires,
more than 2,600 Americans died and another 15,000 suffered injuries
requiring medical treatment. The property loss from those fires totaled
over $3.5 billion.
Of the many items first ignited in residential fires, upholstered
furniture is the product most frequently involved in fire deaths (20
percent) followed by mattresses and bedding (15 percent). Among the
different forms of heat involved in the ignition of fires, smoking
materials accounted for 30 percent of fire deaths with candles
accounting for six percent of the fire deaths, followed by lighters at
five percent and matches at three percent.
Effective fire protection depends on redundancy. Public education,
building
[[Page S13663]]
codes, smoke detectors, and automatic fire sprinklers each are
important but imperfect tools where they exist--and too often they do
not. The fact is that even with these tools available, more than 900
Americans--that's five of our fellow citizens every two days--die every
year in fires involving cigarettes, small open flames such as candles,
upholstered furniture, mattresses and bedding.
Those are the numbers--but there is a tragedy behind every one of
them. Let me speak just for a moment about one such tragedy that
visited my state one cold night in January of 2000. That night a young
boy of six playing with a lighter ignited the sofa bed he was on and in
the ensuing fire he and his two brothers--they were triplets--perished.
But the tragedy doesn't stop there because one of the volunteer
firefighters who responded that night, Waldo County Sheriff Robert
Jones, suffered a fatal heart attack while fighting the blaze. No, Mr.
President, this is not just about the numbers--although they are
staggering--it is about the human tragedy.
The American Home Fire Safety Act will require the United States
Consumer Product Safety Commission to enforce specific fire safety
standards for each of these products. These are not new, burdensome
standards--in fact, they are standards already established by the
American Society of Testing and Materials or the state of California.
American manufacturers of mattresses, upholstered furniture, candles
and bedding have already developed cost-effective technology and
processes to make these household goods less flammable than current
products. Collectively--and in combination with existing fire
protection technologies--we hope to save hundreds of lives, avoid
thousands of serious injuries and billions of dollars in lost property.
Finally, I would like to point out that this legislation has been
endorsed by the National Fire Protection Association, the National
Volunteer Fire Council, the Western Fire Chiefs Association, the
National Association of State Fire Marshals and numerous state Fire
Chief's Associations. I urge my colleagues to support this bill to
establish national standards for some of the household products at the
core of residential fires. By doing so, perhaps we can spare our fellow
Americans needless suffering.
______
By Mr. AKAKA (for himself, Mr. Sarbanes, and Mr. Corzine):
S. 1800. A bill to amend the Higher Education Act of 1965 to enhance
literacy in finance and economics, and for other purposes; to the
Committee on Health, Education, Labor, and Pensions.
Mr. AKAKA. Mr. President, today I am introducing the College Literacy
in Finance and Economics or College LIFE Act. I would like to thank my
colleagues, Senators Sarbanes and Corzine, for their cosponsorship of
this important legislation.
The problem we're working to address with the College LIFE Act is
simple. Our college students are many of America's best and the
brightest. They hold the promise of our country in their hands and will
go on to become leaders--in business, education, politics, the
military, the community--any field you can name. It is wonderful that
so many people are pursuing and fulfilling their dreams of higher
education in numbers that I did not imagine when I was in college. In
fact, as reported by the American Council on Education, total college
enrollment surged by 3 million or nearly 27 percent over the past 20
years. However, I am gravely concerned, both as a member of this body
and particularly as a grandparent and great-grandparent, that our young
people are entering college without proper direction or good skills for
money management or economic decisionmaking.
As we work on increasing access to higher education, we must give
students access to the tools that they need to make sound economic and
financial decisions once they are on campus. However, the lack of
personal finance and economics State K-12 education standards or
implementation of existing standards in K-12 education in a number of
States results in many students arriving at college with little
understanding of economic concepts like supply and demand or benefits
versus costs, or personal finance concepts such as household money
management or the importance of maintaining good credit history.
Without this basic understanding, college students are not effectively
evaluating credit alternatives, managing their debt, and preparing for
long-term financial goals, such as saving for a home or retirement.
We can try to imagine what it's like to be a college student's shoes.
A young adult leaves his home and travels thousands of miles, as do
many Hawaii students attending mainland colleges, to the campus that
holds his hopes and dreams. Perhaps farthest from his mind is how
little spending money he has for textbooks, a new college sweatshirt,
and school supplies. He gets to the campus bookstore and walks out with
a bag that includes a preapproved credit card application, which he
immediately fills out and mails. Months later, he has joined many other
credit card-holding college student who, on average, have a credit card
bill balance above $3,000. His sophomore year rolls around and, instead
of conferring with his parents about the details of his renewal FAFSA
for student financial aid or master promissory note, he is saddled with
another $10,000 loan. According to The College Board, average college
tuition and fees in 2003-04 increased to $19,710 for a four-year
private institution and to $4,694 for a 4-year public institution. The
same scenario repeats itself for his junior and senior years. Finally,
after successfully completing all of his coursework, he graduates,
finds an entry-level job, and realizes that, after servicing his debt,
he has little money left for basics such as food, transportation, and
rent, much less new career clothing or social outings. His lack of
knowledge about how to properly use credit has led him to anxiety-
causing financial missteps. With appropriate financial and economic
literacy, he may have known what debt load to anticipate and made wiser
financing and spending decisions while in school.
Rather, he may be on the road to true financial trouble. Dan
Iannicola, Jr., Deputy Assistant Secretary of the Treasury for
Financial Education, testified before a House subcommittee on Tuesday,
that 40 percent of Americans say they live beyond their means, with the
average American household having $8,900 in credit card debt in 2002--
up from $3,200 just 10 years earlier. In 2001, more people filed for
bankruptcy than graduated from college. Furthermore, the most recent
Federal Reserve Bulletin reported that Americans currently pay 13.3
percent of after-tax income to service their debts, which increases to
18.1 percent when we add other recurring liabilities such as rent and
auto leases. We must ensure that our youth make the right decisions to
follow a better financial path, especially considering a report cited
by Mr. Iannicola noting that youth spent more than $172 billion in a
recent year, and figures from MarketResearch.com noting that typical 8-
to 14-year-olds now spend--from allowances, jobs, and gifts--about
$1,294 a year or $25 a week.
The College LIFE (Literacy in Finance and Economics) Act represents a
comprehensive approach to assist upcoming generations of Americans. It
proposes four new grant programs that provide resources to encourage
experimentation with delivery systems--innovation methods used in or
out of the classroom to increase college students' financial literacy.
Another grant would allow higher education institutions to share best
practices about or create personal finance courses where none exist. A
third grant would assist efforts that are looking at the best ways to
integrate personal finance and economic education into basic
educational subjects, which is especially important as schools are
facing challenges under the No Child Left Behind Act and are tempted to
focus on subjects being tested for Annual Yearly Progress. The final
grant would train teachers and high school counselors toward increasing
financial and economic literacy in grades K-12 so that our college
students are prepared when they arrive at college campuses.
The bill also proposes a pilot program for five higher education
institutions to encourage students to take a personal finance course
and participate in preventive annual credit counseling, working in
conjunction with state or local public, private, and nonprofit entities
selected by the local education
[[Page S13664]]
agency or the school, and measuring the effectiveness of efforts in any
behavioral changes that may result. It promotes greater collaboration
with and support from Federal agencies in the higher education arena
with respect to economic and financial literacy. Finally, it emphasizes
the importance of personal finance and economic education and
counseling by authorizing these activities as allowable uses in
existing Higher Education Act programs, such as TRIO, GEAR UP, and
Title III and Title V Serving Institutions.
Furthermore, I intend the reach of this bill to be beyond the
traditional college student. Our returning college students are a vital
part of society--many who are already community leaders and
breadwinners for their families who have already gained valuable work
experience that they may use as they learn a new field or continue
their undergraduate study in the pursuit of a graduate or doctoral
degree. In addition, older adults who are entering higher education for
the first time can also be lauded for their enterprising spirit in
wanting to better their lives by earning an associates or bachelors
degree. I anticipate that the assistance provided through the College
LIFE Act will work to provided needed help to many of these students as
well.
I have been working on this bill over the better part of this year
with several organizations in the higher education and economic and
financial literacy community. I ask unanimous consent to have printed
in the Record after my statement letters of support for the legislation
from the National Council on Economic Education, Jump$tart Coalition
for Personal Financial Literacy, and Family, Career and Community
Leaders of America. I thank these and other organizations for their
constant efforts in this area. For example, the National Council for
Community and Education Partnerships (NCCEP) supports a provision
including economic and financial literacy and counseling as allowable
activities for the GEAR-UP program, which provides comprehensive
mentoring, counseling, outreach, and supportive services to cohorts of
disadvantaged students. Emphasis on economic and financial literacy as
included in the bill would complement NCCEP'S current GEAR-UP
activities that underscore the importance of the college-going
experience and pursuit of postsecondary education--including
discussions about financial aid, debt, grants vs. loans, savings, and
tax credits--and involving parents or guardians to inform them on the
costs of college and how to prepare for their child's entry into
college. I will continue to work with these and other organizations
toward increasing literacy in finance and economics for our students
before they enter higher education and once they arrive on college
campuses.
I am looking forward to continuing to work with my colleagues to have
the College LIFE Act passed or included in the upcoming Higher
Education Act reauthorization. I encourage my colleagues' support for
this bill.
I ask unanimous consent that the bill be printed in the Record.
There being no objection, the Material was ordered to be printed in
the Record, as follows:
National Council
on Economic Education,
Washington, DC, October 1, 2003.
Hon. Daniel K. Akaka,
U.S. Senator,
Washington, DC.
Dear Senator Akaka: For over 50 years, the National Council
on Economic Education (NCEE), through its nationwide network
of State Councils and University Centers for Economic
Education, has been the nation's premier organization for
promoting effective economic education, by training teachers
to get basic economic knowledge and decision-making skills
into the heads and hands of our young people, K-12.
NCEE's mission is to ensure the effective teaching of the
real-life skills people need to succeed in an increasingly
complex world: to be able to think and choose knowledgeably
as consumers, savers, and investors, responsible citizens,
members of the workforce, and effective participants in the
global economy.
Because of our nationwide university and college base, we
at the National Council on Economic Education (NCEE) strongly
endorse the College LIFE (Literacy in Finance and Economics)
Act.
The College LIFE (Literacy in Finance and Economics) Act,
which seeks to provide university students with personal
finance counseling, and to prepare teachers and high school
counselors to equip our young people with personal finance
knowledge and skills, could not come at a better time.
This is a time of growing public interest in personal
finance education. Parents everywhere want their children to
know how the world works before they go to work in it, and to
possess the basic knowledge and decision-making skills that
will help them to become productive and responsible citizens,
employees, consumers, savers and investors. Any legislation
that advances that effort in a sustained, systematic way has
our support.
The NCEE is pleased to support the College LIFE (Literacy
in Finance and Economics) Act. Please keep us informed of its
progress.
Yours sincerely,
Robert F. Duvall,
President & Chief Executive Officer.
____
Jump$tart Coalition,
Washington, DC, October 9, 2003.
Senator Daniel K. Akaka,
Hart Building,
Washington, DC.
Dear Senator Akaka: On behalf of the Jump$tart Coalition
for Personal Financial Literacy (a coalition of 150
organizations promoting personal finance education for
youth), we thank you for sponsoring the College Literacy in
Finance and Economics (College LIFE) Act.
The passage of this Act would signify an elevation in
importance of the issue of youth financial literacy by Higher
Education. The problems related to financially illiterate
young adults need to be addressed. We cannot continue the
ten-fold increase in young adults filing bankruptcy that we
have seen in the past five years. Nor can we afford to have
young adults dropping out of college due to heavy credit card
debt or not understanding the importance of investing for
their retirement.
In light of these distressing problems, it is imperative
that we start to embed personal finance and economic
education more widely into our college and university
curricula. Currently the percentage of college students
having the opportunity to enroll in such classes is small
considering their lack of promotion and availability.
The good news is that education is the answer and the
solution is found through existing resources. A wide
selection of curricula (many free or low cost) in addition to
teacher training networks and guest speaker supplements are
available. The remaining obstacle lies in opening the doors
of Higher Education to this invaluable instruction.
Therefore, Jump$tart wholeheartedly supports Senator
Akaka's College LIFE Act for its emphasis on a subject and
skill that is invaluable to surviving in today's complex
financial marketplace.
The Jump$tart Coalition thanks you for your continuing
support of financial and economic education.
Sincerely,
Dara Duguay,
Executive Director.
____
Family, Career and
Community Leaders of America,
Reston, VA, October 29, 2003.
Senator Daniel K. Akaka,
Hart Senate Office Building,
Washington, DC.
Dear Senator Akaka, Family, Career and Community Leaders of
America is a dynamic and effective national student
organization with a membership of over 227,000 that helps
young men and women become leaders and address important
personal, family, work, and societal issues through Family
and Consumer Sciences Education (FACS). One of those
important issues is financial responsibility, which is a part
of the FACS discipline.
FCCLA Advisers are FACS teachers who use the FCCLA
Financial Fitness national peer education program to promote
youth teaching other young people how to make, save, and
spend money wisely. Its goals are to sharpen young people's
skills in money management, consumerism, and financial
planning; as well as provide youth an opportunity to teach
others and develop financial literacy, communication, and
leadership skills. This program includes educational tools
and recognition for chapter projects.
We strongly support the College LIFE (Literacy in Finance
and Economics) Act, as it shares the goals of the FCCLA
Financial Fitness program. The importance of consumer
education that FCCLA introduces to its youth will be able to
be carried on to higher education with the passage of this
Act. Skills learned through personal finance and economic
education courses will better prepare students for success in
their careers and their lives.
FCCLA is grateful to you for your enduring advocacy of
financial and economic education through the College LIFE
Act.
Sincerely,
Alan T. Rains, Jr.,
Executive Director.
____
S. 1800
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 ``College Literacy in Finance
and Economics (College LIFE) Act''.
SEC. 2. AREAS OF EMPHASIS.
Part B of title I of the Higher Education Act of 1965 (20
U.S.C. 1011 et seq.) is amended by adding at the end the
following:
``SEC. 123. AREAS OF EMPHASIS.
``In carrying out activities under this Act related to
improving financial and economic
[[Page S13665]]
literacy, education, and counseling, the Secretary shall
emphasize, among other elements, basic personal income and
household money management and financial planning skills, and
basic economic decision making skills, including how to--
``(1) create household budgets, initiate savings plans, and
make strategic investment decisions for education,
employment, retirement, home ownership, wealth building, or
other savings goals;
``(2) manage credit and debt effectively, including student
financial aid and credit card debt, and understand the merits
of establishing and maintaining excellent credit history;
``(3) understand, evaluate, and compare fair and favorable
financial products, services, and opportunities, and avoid
abusive, predatory, or deceptive financial products,
services, and opportunities;
``(4) complete tax returns and understand tax consequences
when making certain financial decisions, such as placing an
investment or purchasing a home;
``(5) identify economic problems, alternatives, benefits,
and costs;
``(6) analyze the incentives at work in an economic
situation;
``(7) examine the consequences of changes in economic
conditions and public policies;
``(8) collect and organize economic evidence, including
understanding, evaluating, and making strategic decisions
using economic indicators;
``(9) compare benefits with costs; and
``(10) improve financial and economic literacy and
education through all other related skills.''.
SEC. 3. COORDINATION.
In carrying out the financial and economic literacy
activities authorized under this Act and the amendments made
by this Act, the Secretary of Education, to the greatest
extent practicable, shall coordinate such activities with the
financial and economic literacy efforts of a Federal
commission comprised of members from the Department of
Education, the Department of the Treasury, and other entities
the President, the Secretary of Education, and the Secretary
of the Treasury determine appropriate.
SEC. 4. ENHANCEMENT OF FINANCIAL LITERACY AND ECONOMIC
LITERACY.
The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.)
is amended--
(1) in section 201(a)(3), by inserting ``personal
finance,'' after ``economics,'';
(2) in section 311(c)--
(A) by redesignating paragraphs (7) through (12) as
paragraphs (8) through (13), respectively; and
(B) by inserting after paragraph (6) the following:
``(7) Education or counseling services designed to improve
the financial literacy and economic literacy of students and
their parents.'';
(3) in section 316(c)(2)--
(A) by redesignating subparagraphs (G) through (L) as
subparagraphs (H) through (M), respectively;
(B) by inserting after subparagraph (F) the following:
``(G) education or counseling services designed to improve
the financial literacy and economic literacy of students and
their parents;''; and
(C) in subparagraph (M), as redesignated by subparagraph
(A), by striking ``subparagraphs (A) through (K)'' and
inserting ``subparagraphs (A) through (L)'';
(4) in section 317(c)(2)--
(A) in subparagraph (G), by striking ``and'' after the
semicolon;
(B) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(I) education or counseling services designed to improve
the financial literacy and economic literacy of students and
their parents.'';
(5) in section 323(a)--
(A) by redesignating paragraphs (7) through (12) as
paragraphs (8) through (13), respectively; and
(B) by inserting after paragraph (6) the following:
``(7) Education or counseling services designed to improve
the financial literacy and economic literacy of students and
their parents.'';
(6) in section 326(c)--
(A) by redesignating paragraphs (5) through (7) as
paragraphs (6) through (8), respectively; and
(B) by inserting after paragraph (4) the following:
``(5) education or counseling services designed to improve
the financial literacy and economic literacy of students and
their parents;'';
(7) in section 503(b)--
(A) by redesignating paragraphs (5) through (14) as
paragraphs (6) through (15), respectively; and
(B) by inserting after paragraph (4) the following:
``(5) Education or counseling services designed to improve
the financial literacy and economic literacy of students and
their parents.'';
(8) in section 402B(b)--
(A) by redesignating paragraphs (3) through (10) as
paragraphs (4) through (11), respectively;
(B) by inserting after paragraph (2) the following:
``(3) education or counseling services designed to improve
the financial literacy and economic literacy of students and
their parents;''; and
(C) in paragraph (11), as redesignated by subparagraph (A),
by striking ``paragraphs (1) through (9)'' and inserting
``paragraphs (1) through (10)'';
(9) in section 402C--
(A) in subsection (b)--
(i) by redesignating paragraphs (2) through (12) as
paragraphs (3) through (13), respectively;
(ii) by inserting after paragraph (1) the following:
``(2) education or counseling services designed to improve
the financial literacy and economic literacy of students and
their parents;''; and
(iii) in paragraph (13), as redesignated by clause (i), by
striking ``paragraphs (1) through (11)'' and inserting
``paragraphs (1) through (12)''; and
(B) in subsection (e), by striking ``subsection (b)(10)''
and inserting ``subsection (b)(11)'';
(10) in section 402D(b)--
(A) by redesignating paragraphs (2) through (10) as
paragraphs (3) through (11), respectively;
(B) by inserting after paragraph (1) the following:
``(2) education or counseling services designed to improve
the financial literacy and economic literacy of students and
their parents;''; and
(C) in paragraph (11), as redesignated by subparagraph (A),
by striking ``paragraphs (1) through (9)'' and inserting
``paragraphs (1) through (10)'';
(11) in section 402E(b)--
(A) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively; and
(B) by inserting after paragraph (6) the following:
``(7) education or counseling services designed to improve
the financial literacy and economic literacy of students and
their parents;'';
(12) in section 402F(b)--
(A) by redesignating paragraphs (4) through (10) as
paragraphs (5) through (11), respectively;
(B) by inserting after paragraph (3) the following:
``(4) education or counseling services designed to improve
the financial literacy and economic literacy of students and
their parents;''; and
(C) in paragraph (11), as redesignated by subparagraph (A),
by striking ``paragraphs (1) through (9)'' and inserting
``paragraphs (1) through (10)'';
(13) in section 404D(b)(2)(A)(ii), by striking ``and
academic counseling'' and inserting ``academic counseling,
and financial literacy and economic literacy education or
counseling'';
(14) by striking section 418A(c)(1)(B)(i) and inserting the
following:
``(i) personal, academic, career, and economic education or
personal finance counseling as an ongoing part of the
program;'';
(15) in section 428F(b), by inserting at the end the
following: ``Where appropriate, such program shall include
making available financial and economic education materials
for the borrower.'';
(16) in section 432(k)(1), by striking ``and offering'' and
all that follows through the period and inserting ``,
offering loan repayment matching provisions as part of
employee benefit packages, and providing employees with
financial and economic education and counseling.'';
(17) in section 441(c)--
(A) in paragraph (1), by inserting ``financial literacy and
economic literacy,'' after ``social services,''; and
(B) in paragraph (4)(C), by striking the period at the end
and inserting ``and counseling for the purposes of improving
financial literacy and economic literacy.'';
(18) in section 485--
(A) in subsection (a)(1)(D), by striking the semicolon at
the end and inserting ``, including the merits of taking a
personal finance course, if the institution offers such a
course, and of the student reviewing the student's personal
credit profile not less frequently than once a year;'';
(B) in subsection (b)--
(i) in paragraph (1)(A)--
(I) in clause (i), by striking ``and'' after the semicolon;
(II) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(III) by adding at the end the following:
``(iii) if it is determined during the counseling that the
borrower is not connected to a mainstream financial
institution, information about low-cost financial services
and the benefits of using such services, and where and how
the borrower could open a low-cost account in a federally
insured credit union or bank.''; and
(ii) by adding at the end the following:
``(3) Pilot program.--
``(A) Authorization.--
``(i) In general.--The Secretary shall establish a pilot
program that awards a total of 5 grants to 5 different
institutions of higher education that are located in
geographically different parts of the United States to enable
the institutions to provide annual personal finance
counseling for students enrolled at such institutions.
``(ii) Minority serving institutions.--In awarding grants
under this paragraph, the Secretary shall award not less than
2 of the 5 grants to institutions of higher education that
are eligible to receive assistance under title III or title
V.
``(B) Application.--An institution of higher education that
desires to receive a grant
[[Page S13666]]
under this paragraph shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(C) Use of funds.--
``(i) Counseling.--
``(I) In general.--In addition to making available exit
counseling under paragraph (1), an institution of higher
education that receives a grant under this paragraph shall
through financial aid officers or otherwise, make available
counseling to borrowers of loans which are made, insured, or
guaranteed under part B (other than loans made pursuant to
section 428B) of this title or made under part D or E of this
title at the commencement of the borrower's course of study
at the institution, not less frequently than once annually
while the borrower is enrolled at the institution, and not
later than 30 days after completion of the course of study
for which the borrower enrolled at the institution or at the
time of departure from such institution.
``(II) Content.--The counseling required under subclause
(I) shall include the average anticipated monthly repayments,
a review of the repayment options available, the total amount
of interest that would be paid over a range of possible
interest rates and the amount of interest in the monthly
payments, information on the availability and content of a
personal finance course if such course is offered by the
institution and if not already completed by the individual,
and such debt and management strategies as the institution
determines are designed to facilitate the repayment of such
indebtedness, which may be implemented in partnership with
State or local public, private, and nonprofit entities
approved by the local educational agency that serves schools
in the area where the institution is located, or a campus
committee formed for the purpose of evaluating the
qualifications of such entities. If it is determined during
the counseling that the borrower is not connected to a
mainstream financial institution, the counseling shall
include information about low-cost financial services and the
benefits of using such services, and where and how the
borrower could open a low-cost account in a federally insured
credit union or bank.
``(ii) Permissive use.--Grant funds received under this
paragraph may be used to pay for additional financial aid
personnel or for training for existing financial aid
personnel.
``(iii) Study.--
``(I) In general.--An institution of higher education that
receives a grant under this paragraph shall conduct a study
to evaluate the impacts, if any, of the financial and
economic literacy and counseling activities on students'
levels of savings and indebtedness, and creditworthiness, and
such activities' effectiveness in reducing the incidence of
problems with handling credit, including bankruptcy filing
and student financial loan default.
``(II) Assistance.--An institution of higher education may
conduct the study under subclause (I) with the assistance of
appropriate Federal agencies or other entities approved by
the Secretary.
``(III) Report.--Not later than 6 months after completion
of the study under subclause (I), the institution of higher
education shall report the results of such study to the
Secretary, the Secretary of the Treasury, the Committee on
Health, Education, Labor, and Pensions of the Senate, the
Committee on Banking, Housing, and Urban Affairs of the
Senate, the Committee on Education and the Workforce of the
House of Representatives, and the Committee on Financial
Services of the House of Representatives.
``(D) Duration.--Grants awarded under this paragraph shall
be for a period of 3 years.
``(E) Amount.--The Secretary shall award grants of not more
than $1,000,000 annually to each institution of higher
education awarded a grant under this paragraph. The Secretary
may determine the grant award amount based on the number of
students to be counseled at the institution of higher
education.
``(F) Report.--Not later than 90 days after the date of
completion of the pilot program under this paragraph, the
Secretary shall submit a report to Congress on the
effectiveness of the program.
``(G) Authorization of appropriations.--There is authorized
to be appropriated to carry out this paragraph such sums as
may be necessary for each of fiscal years 2005 through
2009.''; and
(C) in subsection (c), by adding at the end the following:
``Appropriate Federal agencies shall provide material
developed by such agencies for the purpose of financial
education, to financial assistance information personnel at
institutions of higher education for the use of such
personnel in financial aid counseling.''; and
(19) in section 491(d)(8), by inserting ``, including those
related to financial literacy activities,'' after ``resources
and services''.
SEC. 5. GRANT PROGRAMS.
(a) Innovative Delivery Systems.--
(1) Definitions.--In this subsection:
(A) Delivery system.--The term ``delivery system'' means
any range of media or methods that institutions of higher
education use to instruct or to convey information to the
students enrolled at such institutions.
(B) Eligible entity.--The term ``eligible entity''--
(i) means an institution of higher education; and
(ii) includes an institution of higher education in
partnership with a public, private, or nonprofit entity.
(C) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(D) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(2) Authorization.--From funds appropriated under paragraph
(10), the Secretary shall award grants, on a competitive
basis, to eligible entities to enable such entities to
develop or sponsor experimental financial literacy delivery
systems.
(3) Application.--
(A) In general.--An eligible entity that desires to receive
a grant under this subsection shall submit an application to
the Secretary at such time, in such manner, and containing
such information as the Secretary may require.
(B) Content.--An application submitted under subparagraph
(A) shall include--
(i) a description of the plan for the development or
sponsorship of the financial literacy delivery system the
eligible entity intends to support with grant funds received
under this subsection;
(ii) information on the students expected to be served by
such system; and
(iii) information on the means by which the effectiveness
of such system will be measured.
(4) Awarding of grants.--In awarding grants under this
subsection, the Secretary shall--
(A) give priority to eligible entities that take measures
to ban or discourage the proliferation of credit cards and
abusive credit marketing practices on campus; and
(B) consider--
(i) the quality of the proposed financial literacy delivery
system and the degree to which such system may be used as a
model for adoption by other institutions of higher education;
(ii) the resources, if any, that the eligible entity
intends to dedicate to the implementation of the plan for the
development or sponsorship of such system;
(iii) the degree to which technology is to be used in the
implementation of such plan; and
(iv) the degree to which the eligible entity will
collaborate with other entities in implementing such plan.
(5) Use of funds.--An eligible entity awarded a grant under
this subsection shall use the grant funds--
(A) to develop or sponsor an experimental financial
literacy delivery system; and
(B) for activities that explore and assess the
effectiveness of various delivery systems in delivering
personal financial education and counseling to students and
in increasing student personal financial literacy.
(6) Obligation.--Grant funds received under this subsection
shall be available for obligation for a period of not more
than 4 years.
(7) Technical assistance.--From not more than 5 percent of
the funds appropriated to carry out this subsection, the
Secretary shall make technical assistance available to
eligible entities that receive grants under this subsection.
(8) Report.--An eligible entity that receives a grant under
this subsection shall submit a report--
(A) on an annual basis, to the Secretary on the
effectiveness of the financial literacy delivery system; and
(B) at the end of the grant period, to the appropriate
committees of Congress on the effectiveness of the financial
literacy delivery system.
(9) Regulations.--The Secretary shall promulgate
regulations to carry out this subsection.
(10) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000
for each of fiscal years 2005 through 2009.
(b) Personal Finance Course.--
(1) Definitions.--In this subsection:
(A) Eligible entity.--The term ``eligible entity''--
(i) means an institution of higher education; and
(ii) includes an institution of higher education in
partnership with a public, private, or nonprofit entity.
(B) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(C) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(2) Authorization.--From funds appropriated under paragraph
(8), the Secretary shall award grants, on a competitive
basis, to eligible entities to enable such entities to--
(A) if such entities do not offer a course in personal
finance, create a course in personal finance; or
(B) if such entities offer a course in personal finance,
share best practices and related information with other
institutions of higher education about successful personal
finance courses.
(3) Application.--
(A) In general.--An eligible entity that desires to receive
a grant under this subsection shall submit an application to
the Secretary at such time, in such manner, and containing
such information as the Secretary may require.
[[Page S13667]]
(B) Content.--An application submitted under subparagraph
(A) shall include--
(i) if the entity intends to create a course in personal
finance with grant funds received under this subsection,
information on the number of students who could enroll in
such course and the expected outcomes of the course; or
(ii) if the entity already offers a course in personal
finance, information on how the institution will share its
best practices with other institutions.
(4) Awarding of grants.--In awarding grants under this
subsection, the Secretary shall give priority to eligible
entities that take measures to ban or discourage the
proliferation of credit cards and abusive credit marketing
practices on campus.
(5) Obligation.--Grant funds received under this subsection
shall be available for obligation for a period of not more
than 3 years.
(6) Report.--An eligible entity that receives a grant under
this subsection shall submit a report--
(A) on an annual basis, to the Secretary on the
effectiveness of the personal finance course in increasing
the personal financial literacy of students who complete such
course; and
(B) at the end of the grant period, to the appropriate
committees of Congress on the effectiveness of the personal
finance course in increasing the personal financial literacy
of students who complete such course.
(7) Regulations.--The Secretary shall promulgate
regulations to carry out this subsection.
(8) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000
for each of fiscal years 2005 through 2009.
(c) Integration.--
(1) Authorization.--From funds appropriated under paragraph
(6), the Secretary of Education (referred to in this
subsection as the ``Secretary'') shall award a grant, on a
competitive basis, to a nonprofit organization, or a
consortium of nonprofit organizations, working in partnership
with relevant Federal agencies, educational organizations,
and other nonprofit organizations, to study and recommend the
best ways to integrate personal finance and economics into
basic educational subjects.
(2) Application.--A nonprofit organization, or consortium
of nonprofit organizations, that desires to receive the grant
under this subsection shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
(3) Awarding of grants.--In awarding the grant under this
subsection, the Secretary shall--
(A) give priority to an applicant that has as its primary
purpose the improvement of the quality of student
understanding of personal finance and economics; and
(B) consider--
(i) the previous record of work of the applicant in
improving the quality of student understanding of personal
finance and economics; and
(ii) the degree to which the applicant has collaborated
with other entities that have as their primary purpose the
improvement of the quality of student understanding of
personal finance and economics.
(4) Report.--Not later than 2 years after the grant funds
have been distributed under this subsection, the nonprofit
organization, or consortium of nonprofit organizations, that
receives the grant under this subsection shall submit to the
Secretary and the appropriate committees of Congress a report
on the best ways to integrate personal finance and economics
into basic educational subjects.
(5) Regulations.--The Secretary shall promulgate
regulations to carry out this subsection.
(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $1,000,000
for each of fiscal years 2005 through 2007.
(d) Teacher and Counselor Training.--
(1) Definitions.--In this subsection:
(A) Eligible entity.--The term ``eligible entity''--
(i) means--
(I) an education department of an institution of higher
education; or
(II) an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986, that has as its primary
purpose the improvement of the quality of student
understanding of personal finance and economics through
effective teaching; and
(ii) includes a partnership of the entities described in
clause (i).
(B) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(C) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(D) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the freely
associated states of the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of
Palau.
(2) Authorization.--From funds appropriated under paragraph
(10), the Secretary shall award grants, on a competitive
basis, to eligible entities to enable the entities to fund--
(A) preservice teacher training programs in the instruction
of economics and personal finance in elementary schools and
secondary schools; and
(B) programs to provide preservice and inservice training
of secondary school counselors in advising students on the
importance of improving their economic and personal financial
literacy.
(3) Application.--
(A) In general.--An eligible entity that desires to receive
a grant under this subsection shall submit an application to
the Secretary at such time, in such manner, and containing
such information as the Secretary may require.
(B) Content.--An application submitted under subparagraph
(A) shall include information on--
(i) the number of individuals who would be served by the
eligible entity if awarded a grant under this subsection; and
(ii) the expected outcomes of the proposed training.
(4) Awarding of grants.--
(A) In general.--In awarding grants under this subsection,
the Secretary shall--
(i) give priority to eligible entities that take measures
to ban or discourage the proliferation of credit cards and
abusive credit marketing practices on campus; and
(ii) consider the applicant's past record of success in
carrying out similar training programs.
(B) Grants to all states.--For any fiscal year for which
the amount appropriated to carry out this paragraph is more
than $25,000,000, the Secretary shall award not less than 1
grant to an eligible entity in each State.
(5) Coordination with existing programs.--In carrying out
programs funded under this subsection, an eligible entity may
coordinate activities with other training programs, including
programs authorized under the Excellence in Economic
Education Act of 2001 (20 U.S.C. 7267 et seq.).
(6) Supplement, not supplant.--Grant funds received under
this subsection shall be used to supplement, and not
supplant, non-Federal funds available to the eligible entity
for the purpose of carrying out similar training programs.
(7) Obligation.--Grant funds received under this subsection
shall be available for obligation for a period of not more
than 3 years.
(8) Report.--An eligible entity that receives a grant under
this subsection shall submit a report--
(A) on an annual basis, to the Secretary on the
effectiveness of training teachers and counselors in
instructing and advising students on personal finance; and
(B) at the end of the grant period, to the appropriate
committees of Congress on the effectiveness of training
teachers and counselors in instructing and advising students
on personal finance.
(9) Regulations.--The Secretary shall promulgate
regulations to carry out this subsection.
(10) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000
for each of fiscal years 2005 through 2009.
SEC. 6. EVALUATION.
Not later than 6 years after the date of enactment of this
Act, the Comptroller General of the United States shall
submit to the Committee on Health, Education, Labor, and
Pensions of the Senate, the Committee on Banking, Housing,
and Urban Affairs of the Senate, the Committee on Education
and the Workforce of the House of Representatives, and the
Committee on Financial Services of the House of
Representatives, an evaluation of the range and effectiveness
of financial and economic education and financial aid
counseling activities of institutions of higher education,
lenders, servicers, and guaranty agencies as emphasized by
the Secretary of Education pursuant to section 123 of the
Higher Education Act of 1965.
Mr. CORZINE. Mr. President, I am proud to join Senator Akaka as a co-
sponsor of the College LIFE (Literacy in Finance and Economics) Act.
Unfortunately, when it comes to personal finances, most American
college students do not have the skills they need to spend and save
wisely. Most do not understand the details of managing a checking
account, paying their taxes, or even using a credit card sensibly.
College students must be given the tools they need to maintain good
credit and make informed decisions about investments and savings so
that they can ensure themselves a successful future.
The importance of financial education cannot be understated, and this
bill effectively addresses this critical issue by establishing grants
that would allow institutions of higher education to provide their
students with personal finance counseling and planning services. The
bill also contains provisions that would encourage colleges to develop
personal finance courses, giving students greater access to financial
education. Finally, the bill would create a three-year pilot program in
five institutions of higher education across the Nation to provide
annual counseling for financial aid recipients.
[[Page S13668]]
Financial literacy has been a priority of mine since the start of my
tenure in the U.S. Senate. Indeed, I believe that financial literacy
should be a lifelong goal. Last Congress, I successfully added a
provision to the No Child Left Behind Act to give elementary and
secondary schools access to funds that will allow them to include
financial education as part of their basic educational curriculum. This
Congress, I have introduced the Education for Retirement Security Act
of 2003, which would provide grants to non-profit organizations and
State and local agencies for programs that would enhance financial and
retirement knowledge for America's seniors. The bill also aims to
reduce financial abuse and fraud, including telemarketing, mortgage,
and pension fraud. Finally, I am the sponsor of a bill that would
provide welfare recipients with greater access to financial literacy
skills in order to help them achieve self-sufficiency.
I know that Senator Akaka has a deep interest in this issue as well,
and I am honored to join him in introducing the College LIFE Act, to
ensure that college students have access to the financial knowledge
that they need to make the right decisions about their futures.
______
By Mrs. MURRAY (for herself, Mr. Corzine, Mr. Schumer, and Mr.
Dayton):
S. 1801. A bill to promote the economic security and safety of
victims of domestic and sexual violence, and for other purposes; to the
Committee on Finance.
Mrs. MURRAY. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1801
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 Act'' or the ``SAFE Act''.
(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.
TITLE I--ENTITLEMENT TO EMERGENCY LEAVE FOR ADDRESSING DOMESTIC OR
SEXUAL VIOLENCE
Sec. 101. Purposes.
Sec. 102. Entitlement to emergency leave for addressing domestic or
sexual violence.
Sec. 103. Existing leave usable for addressing domestic or sexual
violence.
Sec. 104. Emergency benefits.
Sec. 105. Effect on other laws and employment benefits.
Sec. 106. Conforming amendments.
Sec. 107. Effective date.
TITLE II--ENTITLEMENT TO UNEMPLOYMENT COMPENSATION FOR VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING
Sec. 201. Purposes.
Sec. 202. Unemployment compensation and training provisions.
TITLE III--VICTIMS' EMPLOYMENT SUSTAINABILITY
Sec. 301. Short title.
Sec. 302. Purposes.
Sec. 303. Prohibited discriminatory acts.
Sec. 304. Enforcement.
Sec. 305. Attorney's fees.
TITLE IV--VICTIMS OF ABUSE INSURANCE PROTECTION
Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Discriminatory acts prohibited.
Sec. 404. Insurance protocols for subjects of abuse.
Sec. 405. Reasons for adverse actions.
Sec. 406. Life insurance.
Sec. 407. Subrogation without consent prohibited.
Sec. 408. Enforcement.
Sec. 409. Effective date.
TITLE V--WORKPLACE SAFETY PROGRAM TAX CREDIT
Sec. 501. Credit for costs to employers of implementing workplace
safety programs.
TITLE VI--NATIONAL CLEARINGHOUSE ON DOMESTIC AND SEXUAL VIOLENCE IN THE
WORKPLACE GRANT
Sec. 601. National clearinghouse on domestic and sexual violence in the
workplace grant.
TITLE VII--SEVERABILITY
Sec. 701. Severability.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Domestic violence crimes account for approximately 15
percent of total crime costs in the United States each year.
(2) Violence against women has been reported to be the
leading cause of physical injury to women. Such violence has
a devastating impact on women's physical and emotional health
and financial security.
(3) According to a recent National Institutes of Health-
Centers for Disease Control and Prevention study, each year
there are 5,300,000 non-fatal violent victimizations
committed by intimate partners against women. Female murder
victims were substantially more likely than male murder
victims to have been killed by an intimate partner. About \1/
3\ of female murder victims, and about 4 percent of male
murder victims, were killed by an intimate partner.
(4) According to recent government estimates, approximately
987,400 rapes occur annually in the United States, 89 percent
of the rapes perpetrated against female victims. Since 2001,
rapes have actually increased by 4 percent.
(5) Approximately 10,200,000 people have been stalked at
some time in their lives. Four out of every 5 stalking
victims are women. Stalkers harass and terrorize their
victims by spying on the victims, standing outside their
places of work or homes, making unwanted phone calls, sending
or leaving unwanted letters or items, or vandalizing
property.
(6) Employees in the United States who have been victims of
domestic violence, dating violence, sexual assault, or
stalking too often suffer adverse consequences in the
workplace as a result of their victimization.
(7) Victims of domestic violence, dating violence, sexual
assault, and stalking are particularly vulnerable to changes
in employment, pay, and benefits as a result of their
victimizations, and are, therefore, in need of legal
protection.
(8) The prevalence of domestic violence, dating violence,
sexual assault, stalking, and other violence against women at
work is dramatic. About 36,500 individuals, 80 percent of
whom are women, were raped or sexually assaulted in the
workplace each year from 1993 through 1999. Half of all
female victims of violent workplace crimes know their
attackers. Nearly 1 out of 10 violent workplace incidents are
committed by partners or spouses. Women who work for State
and local governments suffer a higher incidence of workplace
assaults, including rapes, than women who work in the private
sector.
(9) Homicide is the leading cause of death for women on the
job. Husbands, boyfriends, and ex-partners commit 15 percent
of workplace homicides against women.
(10) Studies indicate that between 35 and 56 percent of
employed battered women surveyed were harassed at work by
their abusive partners.
(11) According to a 1998 report of the General Accounting
Office, between \1/4\ and \1/2\ of domestic violence victims
surveyed in 3 studies reported that the victims lost a job
due, at least in part, to domestic violence.
(12) Women who have experienced domestic violence or dating
violence are more likely than other women to be unemployed,
to suffer from health problems that can affect employability
and job performance, to report lower personal income, and to
rely on welfare.
(13) Abusers frequently seek to control their partners by
actively interfering with their ability to work, including
preventing their partners from going to work, harassing their
partners at work, limiting the access of their partners to
cash or transportation, and sabotaging the child care
arrangements of their partners.
(14) More than \1/2\ of women receiving welfare have been
victims of domestic violence as adults and between \1/4\ and
\1/3\ reported being abused in the last year.
(15) Victims of intimate partner violence lose 8,000,000
days of paid work each year--the equivalent of over 32,000
full-time jobs and 5,600,000 days of household productivity.
(16) 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. Almost 50 percent of sexual assault survivors
lose their jobs or are forced to quit in the aftermath of the
assaults.
(17) More than 35 percent of stalking victims report losing
time from work due to the stalking and 7 percent never return
to work.
(18)(A) According to the National Institute of Justice,
crime costs an estimated $450,000,000,000 annually in medical
expenses, lost earnings, social service costs, pain,
suffering, and reduced quality of life for victims, which
harms the Nation's productivity and drains the Nation's
resources.
(B) Violent crime accounts for $426,000,000,000 per year of
this amount.
(C) Rape exacts the highest costs per victim of any
criminal offense, and accounts for $127,000,000,000 per year
of the amount described in subparagraph (A).
(19) Violent crime results in wage losses equivalent to 1
percent of all United States earnings, and causes 3 percent
of the Nation's medical spending and 14 percent of the
Nation's injury-related medical spending.
(20) The Bureau of National Affairs has estimated that
domestic violence costs United States employers between
$3,000,000,000 and $5,000,000,000 annually in lost time and
productivity, while other reports have estimated the cost at
between $5,800,000,000 and $13,000,000,000 annually.
(21) United States medical costs for domestic violence have
been estimated to be $31,000,000,000 per year.
(22) Surveys of business executives and corporate security
directors also underscore the
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heavy toll that workplace violence takes on women,
businesses, and interstate commerce in the United States.
(23) Ninety-four percent of corporate security and safety
directors at companies nationwide rank domestic violence as a
high security concern.
(24) Forty-nine percent of senior executives recently
surveyed said domestic violence has a harmful effect on their
company's productivity, 47 percent said domestic violence
negatively affects attendance, and 44 percent said domestic
violence increases health care costs.
(25) Only 25 States have laws that explicitly provide
unemployment insurance to domestic violence victims in
certain circumstances, and none of the laws explicitly cover
victims of sexual assault or stalking.
(26) Only 6 States provide domestic violence victims with
leave from work to go to court, to the doctor, or to take
other steps to address the domestic violence in their lives,
and only Maine provides such leave to victims of sexual
assault and stalking.
(27) No States prohibit employment discrimination against
victims of domestic violence, sexual assault, or stalking.
Five States provide limited protection to some victims under
certain circumstances.
(28) Employees, including individuals participating in
welfare to work programs, may need to take time during
business hours to--
(A) obtain orders of protection;
(B) seek medical or legal assistance, counseling, or other
services; or
(C) look for housing in order to escape from domestic
violence.
(29) Domestic and sexual violence victims have been
subjected to discrimination by private and State employers,
including discrimination motivated by sex and stereotypic
notions about women.
(30) Domestic violence victims and third parties who help
them have been subjected to discriminatory practices by
health, life, disability, and property and casualty insurers
and employers who self-insure employee benefits who have
denied or canceled coverage, rejected claims, and raised
rates based on domestic violence. Although some State
legislatures have tried to address these problems, the scope
of protection afforded by the laws adopted varies from State
to State, with many failing to address the problem
comprehensively. Moreover, Federal law prevents States from
protecting the almost 40 percent of employees whose employers
self-insure employee benefits.
(31) Existing Federal law does not explicitly--
(A) authorize victims 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 victims of domestic
violence, dating violence, sexual assault, or stalking for
unemployment compensation;
(C) prohibit employment discrimination against actual or
perceived victims of domestic violence, dating violence,
sexual assault, or stalking; or
(D) prohibit insurers and employers who self-insure
employee benefits from discriminating against domestic
violence victims and those who help them in determining
eligibility, rates charged, and standards for payment of
claims; nor does it prohibit insurers from disclosure of
information about abuse and the victim's location through
insurance databases and other means.
SEC. 3. 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) Course of conduct.--The term ``course of conduct''
means a course of repeatedly maintaining a visual or physical
proximity to a person or conveying verbal or written threats,
including threats conveyed through electronic communications,
or threats implied by conduct.
(3) Dating violence.--The term ``dating violence'' has the
meaning given the term in section 826 of the Higher Education
Amendments of 1998 (20 U.S.C. 1152).
(4) Domestic or sexual violence.--The term ``domestic or
sexual violence'' means domestic violence, dating violence,
sexual assault, or stalking.
(5) Domestic violence.--The term ``domestic violence'' has
the meaning given the term in section 826 of the Higher
Education Amendments of 1998 (20 U.S.C. 1152).
(6) 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.
(7) Electronic communications.--The term ``electronic
communications'' includes communications via telephone,
mobile phone, computer, e-mail, video recorder, fax machine,
telex, or pager.
(8) 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).
(9) 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) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(e)).
(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, as an independent contractor, or as a participant in
a work assignment as a condition of receipt of Federal or
State income-based public assistance.
(10) 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, 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.
(11) 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)).
(12) Family or household member.--The term ``family or
household member'' means a spouse, former spouse, parent, son
or daughter, or person residing or formerly residing in the
same dwelling unit.
(13) 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).
(14) 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).
(15) Public agency.--The term ``public agency'' has the
meaning given the term in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203).
(16) Public assistance.--The term ``public assistance''
includes cash, food stamps, medical assistance, housing
assistance, and other benefits provided on the basis of
income by a public agency.
(17) Reduced leave schedule.--The term ``reduced leave
schedule'' means a leave schedule that reduces the usual
number of hours per workweek, or hours per workday, of an
employee.
(18) Repeatedly.--The term ``repeatedly'' means on 2 or
more occasions.
(19) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(20) Sexual assault.--The term ``sexual assault'' has the
meaning given the term in section 826 of the Higher Education
Amendments of 1998 (20 U.S.C. 1152).
(21) 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.
(22) Stalking.--The term ``stalking'' means engaging in a
course of conduct directed at a specific person that would
cause a reasonable person to suffer substantial emotional
distress or to fear bodily injury, sexual assault, or death
to the person, or the person's spouse, parent, or son or
daughter, or any other person who regularly resides in the
person's household, if the conduct causes the specific person
to have such distress or fear.
(23) Victim of domestic or sexual violence.--The term
``victim of domestic or sexual violence'' includes a person
who has been a victim of domestic or sexual violence and a
person whose family or household member has been a victim of
domestic or sexual violence.
(24) Victim services organization.--The term ``victim
services organization'' means a nonprofit, nongovernmental
organization that provides assistance to victims of domestic
or sexual violence 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.
TITLE I--ENTITLEMENT TO EMERGENCY LEAVE FOR ADDRESSING DOMESTIC OR
SEXUAL VIOLENCE
SEC. 101. PURPOSES.
The purposes of this title are, pursuant to the affirmative
power of Congress to enact
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legislation under the portions of section 8 of article I of
the Constitution relating to providing for the general
welfare and to 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 or sexual violence to maintain
the financial independence necessary to leave abusive
situations, achieve safety, and minimize the physical and
emotional injuries from domestic or sexual violence, and to
reduce the devastating economic consequences of domestic or
sexual violence to employers and employees;
(2) to promote the national interest in ensuring that
victims of domestic or sexual violence can recover from and
cope with the effects of such violence, and participate in
criminal and civil justice processes, without fear of adverse
economic consequences from their employers;
(3) to ensure that victims of domestic or sexual violence
can recover from and cope with the effects of such violence,
and participate in criminal and civil justice processes,
without fear of adverse economic consequences with respect to
public benefits;
(4) to promote the purposes of the 14th amendment by
preventing sex-based discrimination and discrimination
against victims of domestic and sexual violence in employment
leave, addressing the failure of existing laws to protect the
employment rights of victims of domestic or sexual violence,
by protecting their civil and economic rights, and by
furthering the equal opportunity of women for economic self-
sufficiency and employment free from discrimination;
(5) to minimize the negative impact on interstate commerce
from dislocations of employees and harmful effects on
productivity, employment, health care costs, and employer
costs, caused by domestic or sexual violence, including
intentional efforts to frustrate women's ability to
participate in employment and interstate commerce;
(6) to further the goals of human rights and dignity
reflected in instruments such as the United Nations Charter,
the Universal Declaration of Human Rights, and the
International Covenant on Civil and Political Rights; and
(7) to accomplish the purposes described in paragraphs (1)
through (6) by--
(A) entitling employed victims of domestic or sexual
violence to take leave to seek medical help, legal
assistance, counseling, safety planning, and other assistance
without penalty from their employers; and
(B) prohibiting employers from discriminating against
actual or perceived victims of domestic or sexual violence,
in a manner that accommodates the legitimate interests of
employers and protects the safety of all persons in the
workplace.
SEC. 102. ENTITLEMENT TO EMERGENCY LEAVE FOR ADDRESSING
DOMESTIC OR SEXUAL VIOLENCE.
(a) Leave Requirement.--
(1) Basis.--An employee who is a victim of domestic or
sexual violence may take leave from work to address domestic
or sexual violence, by--
(A) seeking medical attention for, or recovering from,
physical or psychological injuries caused by domestic or
sexual violence to the employee or the employee's family or
household member;
(B) obtaining services from a victim services organization
for the employee or the employee's family or household
member;
(C) obtaining psychological or other counseling for the
employee or the employee's family or household member;
(D) participating in safety planning, temporarily or
permanently relocating, or taking other actions to increase
the safety of the employee or the employee's family or
household member from future domestic or sexual violence or
ensure economic security; or
(E) seeking legal assistance or remedies to ensure the
health and safety of the employee or the employee's family or
household member, including preparing for or participating in
any civil or criminal legal proceeding related to or derived
from domestic or sexual violence.
(2) Period.--An employee may take not more than 30 days of
leave, as described in paragraph (1), in any 12-month period.
(3) Schedule.--Leave described in paragraph (1) may be
taken intermittently or on a reduced leave schedule.
(b) Notice.--The employee shall provide the employer with
reasonable notice of the employee's intention to take the
leave, unless providing such notice is not practicable.
(c) Certification.--
(1) In general.--The employer may require the employee to
provide certification to the employer that--
(A) the employee or the employee's family or household
member is a victim of domestic or sexual violence; and
(B) the leave is for 1 of the purposes enumerated in
subsection (a)(1).
The employee shall provide a copy of such certification to
the employer within a reasonable period after the employer
requests certification.
(2) Contents.--An employee may satisfy the certification
requirement of paragraph (1) by providing to the employer--
(A) a sworn statement of the employee;
(B) documentation from an employee, agent, or volunteer of
a victim services organization, an attorney, a member of the
clergy, or a medical or other professional, from whom the
employee or the employee's family or household member has
sought assistance in addressing domestic or sexual violence
and the effects of the violence;
(C) a police or court record; or
(D) other corroborating evidence.
(d) Confidentiality.--All information provided to the
employer pursuant to subsection (b) or (c), including a
statement of the employee or any other documentation, record,
or corroborating evidence, and the fact that the employee has
requested or obtained leave pursuant to this section, shall
be retained in the strictest confidence by the employer,
except to the extent that disclosure is--
(1) requested or consented to by the employee in writing;
or
(2) otherwise required by applicable Federal or State law.
(e) Employment and Benefits.--
(1) Restoration to position.--
(A) In general.--Except as provided in paragraph (2), any
employee who takes leave under this section for the intended
purpose of the leave shall be entitled, on return from such
leave--
(i) to be restored by the employer to the position of
employment held by the employee when the leave commenced; or
(ii) to be restored to an equivalent position with
equivalent employment benefits, pay, and other terms and
conditions of employment.
(B) Loss of benefits.--The taking of leave under this
section shall not result in the loss of any employment
benefit accrued prior to the date on which the leave
commenced.
(C) Limitations.--Nothing in this subsection shall be
construed to entitle any restored employee to--
(i) the accrual of any seniority or employment benefits
during any period of leave; or
(ii) any right, benefit, or position of employment other
than any right, benefit, or position to which the employee
would have been entitled had the employee not taken the
leave.
(D) Construction.--Nothing in this paragraph shall be
construed to prohibit an employer from requiring an employee
on leave under this section to report periodically to the
employer on the status and intention of the employee to
return to work.
(2) Exemption concerning certain highly compensated
employees.--
(A) Denial of restoration.--An employer may deny
restoration under paragraph (1) to any employee described in
subparagraph (B) if--
(i) such denial is necessary to prevent substantial and
grievous economic injury to the operations of the employer;
(ii) the employer notifies the employee of the intent of
the employer to deny restoration on such basis at the time
the employer determines that such injury would occur; and
(iii) in any case in which the leave has commenced, the
employee elects not to return to employment after receiving
such notice.
(B) Affected employees.--An employee referred to in
subparagraph (A) is a salaried employee who is among the
highest paid 10 percent of the employees employed by the
employer within 75 miles of the facility at which the
employee is employed.
(3) Maintenance of health benefits.--
(A) Coverage.--Except as provided in subparagraph (B),
during any period that an employee takes leave under this
section, the employer shall maintain coverage under any group
health plan (as defined in section 5000(b)(1) of the Internal
Revenue Code of 1986) for the duration of such leave at the
level and under the conditions coverage would have been
provided if the employee had continued in employment
continuously for the duration of such leave.
(B) Failure to return from leave.--The employer may recover
the premium that the employer paid for maintaining coverage
for the employee under such group health plan during any
period of leave under this section if--
(i) the employee fails to return from leave under this
section after the period of leave to which the employee is
entitled has expired; and
(ii) the employee fails to return to work for a reason
other than--
(I) the continuation, recurrence, or onset of domestic or
sexual violence, that entitles the employee to leave pursuant
to this section; or
(II) other circumstances beyond the control of the
employee.
(C) Certification.--
(i) Issuance.--An employer may require an employee who
claims that the employee is unable to return to work because
of a reason described in subclause (I) or (II) of
subparagraph (B)(ii) to provide, within a reasonable period
after making the claim, certification to the employer that
the employee is unable to return to work because of that
reason.
(ii) Contents.--An employee may satisfy the certification
requirement of clause (i) by providing to the employer--
(I) a sworn statement of the employee;
(II) documentation from an employee, agent, or volunteer of
a victim services organization, an attorney, a member of the
clergy, or a medical or other professional, from whom the
employee has sought assistance in addressing domestic or
sexual violence and the effects of that violence;
(III) a police or court record; or
(IV) other corroborating evidence.
[[Page S13671]]
(D) Confidentiality.--All information provided to the
employer pursuant to subparagraph (C), including a statement
of the employee or any other documentation, record, or
corroborating evidence, and the fact that the employee is not
returning to work because of a reason described in subclause
(I) or (II) of subparagraph (B)(ii) shall be retained in the
strictest confidence by the employer, except to the extent
that disclosure is--
(i) requested or consented to by the employee; or
(ii) otherwise required by applicable Federal or State law.
(f) Prohibited Acts.--
(1) Interference with rights.--
(A) Exercise of rights.--It shall be unlawful for any
employer to interfere with, restrain, or deny the exercise of
or the attempt to exercise, any right provided under this
section.
(B) Employer discrimination.--It shall be unlawful for any
employer to discharge or harass any individual, or otherwise
discriminate against any individual with respect to
compensation, terms, conditions, or privileges of employment
of the individual (including retaliation in any form or
manner) because the individual--
(i) exercised any right provided under this section; or
(ii) opposed any practice made unlawful by this section.
(C) Public agency sanctions.--It shall be unlawful for any
public agency to deny, reduce, or terminate the benefits of,
otherwise sanction, or harass any individual, or otherwise
discriminate against any individual with respect to the
amount, terms, or conditions of public assistance of the
individual (including retaliation in any form or manner)
because the individual--
(i) exercised any right provided under this section; or
(ii) opposed any practice made unlawful by this section.
(2) Interference with proceedings or inquiries.--It shall
be unlawful for any person to discharge or in any other
manner discriminate (as described in subparagraph (B) or (C)
of paragraph (1)) against any individual because such
individual--
(A) has filed any charge, or has instituted or caused to be
instituted any proceeding, under or related to this section;
(B) has given, or is about to give, any information in
connection with any inquiry or proceeding relating to any
right provided under this section; or
(C) has testified, or is about to testify, in any inquiry
or proceeding relating to any right provided under this
section.
(g) Enforcement.--
(1) Civil action by affected individuals.--
(A) Liability.--Any employer or public agency that violates
subsection (f) shall be liable to any individual affected--
(i) for damages equal to--
(I) the amount of--
(aa) any wages, salary, employment benefits, public
assistance, or other compensation denied or lost to such
individual by reason of the violation; or
(bb) in a case in which wages, salary, employment benefits,
public assistance, 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 subclause (I)
calculated at the prevailing rate; and
(III) an additional amount as liquidated damages equal to
the sum of the amount described in subclause (I) and the
interest described in subclause (II), except that if an
employer or public agency that has violated subsection (f)
proves to the satisfaction of the court that the act or
omission that violated subsection (f) was in good faith and
that the employer or public agency had reasonable grounds for
believing that the act or omission was not a violation of
subsection (f), such court may, in the discretion of the
court, reduce the amount of the liability to the amount and
interest determined under subclauses (I) and (II),
respectively; and
(ii) for such equitable relief as may be appropriate,
including employment, reinstatement, and promotion.
(B) Right of action.--An action to recover the damages or
equitable relief prescribed in subparagraph (A) may be
maintained against any employer or public agency in any
Federal or State court of competent jurisdiction by any 1 or
more affected individuals for and on behalf of--
(i) the individuals; or
(ii) the individuals and other individuals similarly
situated.
(C) Fees and costs.--The court in such an action shall, in
addition to any judgment awarded to the plaintiff, allow a
reasonable attorney's fee, reasonable expert witness fees,
and other costs of the action to be paid by the defendant.
(D) Limitations.--The right provided by subparagraph (B) to
bring an action by or on behalf of any affected individual
shall terminate--
(i) on the filing of a complaint by the Secretary in an
action under paragraph (4) in which restraint is sought of
any further delay in the payment of the amount described in
subparagraph (A)(i) to such individual by an employer or
public agency responsible under subparagraph (A) for the
payment; or
(ii) on the filing of a complaint by the Secretary in an
action under paragraph (2) in which a recovery is sought of
the damages described in subparagraph (A)(i) owing to an
affected individual by an employer or public agency liable
under subparagraph (A),
unless the action described in clause (i) or (ii) is
dismissed without prejudice on motion of the Secretary.
(2) Action by the secretary.--
(A) Administrative action.--The Secretary shall receive,
investigate, and attempt to resolve complaints of violations
of subsection (f) in the same manner as the Secretary
receives, investigates, and attempts to resolve complaints of
violations of sections 6 and 7 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206 and 207).
(B) Civil action.--The Secretary may bring an action in any
court of competent jurisdiction to recover the damages
described in paragraph (1)(A)(i).
(C) Sums recovered.--Any sums recovered by the Secretary
pursuant to subparagraph (B) shall be held in a special
deposit account and shall be paid, on order of the Secretary,
directly to each individual affected. Any such sums not paid
to such an individual because of inability to do so within a
period of 3 years shall be deposited into the Treasury of the
United States as miscellaneous receipts.
(3) Limitation.--
(A) In general.--Except as provided in subparagraph (B), an
action may be brought under this subsection not later than 2
years after the date of the last event constituting the
alleged violation for which the action is brought.
(B) Willful violation.--In the case of such action brought
for a willful violation of subsection (f), such action may be
brought within 3 years after the date of the last event
constituting the alleged violation for which such action is
brought.
(C) Commencement.--In determining when an action is
commenced by the Secretary under this subsection for the
purposes of this paragraph, it shall be considered to be
commenced on the date when the complaint is filed.
(4) Action for injunction by secretary.--The district
courts of the United States shall have jurisdiction, for
cause shown, in an action brought by the Secretary--
(A) to restrain violations of subsection (f), including the
restraint of any withholding of payment of wages, salary,
employment benefits, public assistance, or other
compensation, plus interest, found by the court to be due to
affected individuals; or
(B) to award such other equitable relief as may be
appropriate, including employment, reinstatement, and
promotion.
(5) Solicitor of labor.--The Solicitor of Labor may appear
for and represent the Secretary on any litigation brought
under this subsection.
(6) Employer liability under other laws.--Nothing in this
section shall be construed to limit the liability of an
employer or public agency to an individual, for harm suffered
relating to the individual's experience of domestic or sexual
violence, pursuant to any other Federal or State law,
including a law providing for a legal remedy.
SEC. 103. EXISTING LEAVE USABLE FOR ADDRESSING DOMESTIC OR
SEXUAL VIOLENCE.
An employee who is entitled to take paid or unpaid leave
(including family, medical, sick, annual, personal, or
similar leave) from employment, pursuant to State or local
law, a collective bargaining agreement, or an employment
benefits program or plan, may elect to substitute any period
of such leave for an equivalent period of leave provided
under section 102.
SEC. 104. EMERGENCY BENEFITS.
(a) In General.--A State may use funds provided to the
State under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.) to provide nonrecurrent short-term
emergency benefits to an individual for any period of leave
the individual takes pursuant to section 102.
(b) Eligibility.--In calculating the eligibility of an
individual for such emergency benefits, the State shall count
only the cash available or accessible to the individual.
(c) Timing.--
(1) Applications.--An individual seeking emergency benefits
under subsection (a) from a State shall submit an application
to the State.
(2) Benefits.--The State shall provide benefits to an
eligible applicant under paragraph (1) on an expedited basis,
and not later than 7 days after the applicant submits an
application under paragraph (1).
(d) Conforming Amendment.--Section 404 of the Social
Security Act (42 U.S.C. 604) is amended by adding at the end
the following:
``(l) Authority To Provide Emergency Benefits.--A State
that receives a grant under section 403 may use the grant to
provide nonrecurrent short-term emergency benefits, in
accordance with section 104 of the Security and Financial
Empowerment Act, to individuals who take leave pursuant to
section 102 of that Act, without regard to whether the
individuals receive assistance under the State program funded
under this part.''.
SEC. 105. EFFECT ON OTHER LAWS AND EMPLOYMENT BENEFITS.
(a) More Protective Laws, Agreements, Programs, and
Plans.--Nothing in this title 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--
[[Page S13672]]
(1) greater leave benefits for victims of domestic or
sexual violence than the rights established under this title;
or
(2) leave benefits for a larger population of victims of
domestic or sexual violence (as defined in such law,
agreement, program, or plan) than the victims of domestic or
sexual violence covered under this title.
(b) Less Protective Laws, Agreements, Programs, and
Plans.--The rights established for victims of domestic or
sexual violence under this title shall not be diminished by
any State or local law, collective bargaining agreement, or
employment benefits program or plan.
SEC. 106. CONFORMING AMENDMENT.
Section 1003(a)(1) of the Rehabilitation Act Amendments of
1986 (42 U.S.C. 2000d-7(a)(1)) is amended by inserting
``title I or III of the Security and Financial Empowerment
Act,'' before ``or the provisions''.
SEC. 107. EFFECTIVE DATE.
This title and the amendment made by this title take effect
180 days after the date of enactment of this Act.
TITLE II--ENTITLEMENT TO UNEMPLOYMENT COMPENSATION FOR VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING
SEC. 201. PURPOSES.
The purposes of this title 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 or sexual violence to maintain
the financial independence necessary to leave abusive
situations, achieve safety, and minimize the physical and
emotional injuries from domestic or sexual violence, and to
reduce the devastating economic consequences of domestic or
sexual violence to employers and employees;
(2) to promote the national interest in ensuring that
victims of domestic or sexual violence 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 or sexual violence
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 and sexual
violence in unemployment insurance, by addressing the failure
of existing laws to protect the employment rights of victims
of domestic or sexual violence, 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
or sexual violence, in a manner that accommodates the
legitimate interests of employers and protects the safety of
all persons in the workplace.
SEC. 202. 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 or sexual
violence; and''; and
(2) by adding at the end the following new subsection:
``(g) Construction.--
``(1) In general.--For purposes of subsection (a)(19), an
individual's separation from employment shall be treated as
due to circumstances resulting from the individual's
experience of domestic or sexual violence if the separation
resulted from--
``(A) the individual's reasonable fear of future domestic
or sexual violence at or en route to or from the individual's
place of employment;
``(B) the individual's wish to relocate in order to avoid
future domestic or sexual violence against the individual or
the individual's family or household member (as such term is
defined in section 3 of the Security and Financial
Empowerment Act);
``(C) the individual's need to obtain treatment to address
the physical, psychological, or legal effects of domestic or
sexual violence on the individual or the individual's family
or household member (as such term is defined in section 3 of
the Security and Financial Empowerment Act);
``(D) the employer's denial of the individual's request for
leave from employment to address domestic or sexual violence
and its effects on the individual or the individual's family
or household member (as such term is defined in section 3 of
the Security and Financial Empowerment Act), including leave
authorized by section 102 of the Family and Medical Leave Act
of 1993 or by title I of the Security and Financial
Empowerment Act;
``(E) the employer's termination of the individual's
employment due to actions, including absences, taken by the
individual that were necessary to protect the individual or
the individual's family or household member (as such term is
defined in section 3 of the Security and Financial
Empowerment Act) from domestic or sexual violence;
``(F) the employer's termination of the individual due to
circumstances resulting from the individual's being, or being
perceived to be, a victim of domestic or sexual violence; or
``(G) any other circumstance in which domestic or sexual
violence causes the individual to reasonably believe that
separation from employment is necessary for the future safety
of the individual or the individual's family or household
member (as such term is defined in section 3 of the Security
and Financial Empowerment Act).
``(2) Reasonable efforts to retain employment.--For
purposes of subsection (a)(19), if State law requires the
individual to have made reasonable efforts to retain
employment as a condition for receiving unemployment
compensation, such requirement shall be met if the
individual--
``(A) sought protection from, or assistance in responding
to, domestic or sexual violence, including calling the
police, obtaining services from a victim services
organization (as defined in section 3 of the Security and
Financial Empowerment Act), or seeking legal, social work,
medical, clerical, or other assistance;
``(B) sought safety, including refuge in a shelter or
temporary or permanent relocation, whether or not the
individual actually obtained such refuge or accomplished such
relocation; or
``(C) reasonably believed that options such as taking a
leave of absence, transferring jobs, or receiving an
alternative work schedule would not be sufficient to
guarantee the safety of the individual or the individual's
family or household member (as such term is defined in
section 3 of the Security and Financial Empowerment Act).
``(3) Active search for employment.--For purposes of
subsection (a)(19), if State law requires the individual to
actively search for employment after separation from
employment as a condition for receiving unemployment
compensation--
``(A) such requirement shall be treated as met where the
individual registers for work (the individual is not
otherwise required to seek employment on a weekly basis); and
``(B) such law may not categorize an employment opportunity
as suitable work for the individual unless such employment
opportunity reasonably accommodates the individual's need to
address the physical, psychological, legal, and other effects
of domestic or sexual violence.
``(4) Provision of information to meet certain
requirements.--
``(A) In general.--In determining if an individual meets
the requirements of paragraphs (1), (2), and (3), the
unemployment agency of the State in which an individual is
requesting unemployment compensation by reason of subsection
(a)(19) may require the individual to provide certification
that the separation from employment was due to circumstances
resulting from the individual's, or the individual's family
or household member's (as such term is defined in section 3
of the Security and Financial Empowerment Act), experience of
domestic or sexual violence.
``(B) Satisfaction of certification requirement.--An
individual may satisfy the certification requirement of
subparagraph (A) by providing to the unemployment agency--
``(i) a sworn statement of the individual;
``(ii) documentation from an employee, agent, or volunteer
of a victim services organization (as defined in section 3 of
the Security and Financial Empowerment Act), an attorney, a
member of the clergy, or a medical or other professional,
from whom the individual or the individual's family or
household member (as such term is defined in section 3 of the
Security and Financial Empowerment Act) has sought assistance
in addressing domestic or sexual violence and the effects of
that violence;
``(iii) a police or court record; or
``(iv) other corroborating evidence.
``(C) Confidentiality.--All information provided to the
unemployment agency pursuant to this paragraph, including a
statement of an individual or any other documentation,
record, or corroborating evidence, and the fact that an
individual has applied for, inquired about, or obtained
unemployment compensation available by reason of subsection
(a)(19) shall be retained in the strictest confidence by the
individual's former or current employer and the unemployment
agency, except to the extent that disclosure is--
``(i) requested or consented to by the individual in
writing; or
``(ii) otherwise required by applicable Federal or State
law.''.
[[Page S13673]]
(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 or sexual violence); and
``(B) claims reviewers and hearing personnel are adequately
trained in--
``(i) the nature and dynamics of domestic or sexual
violence (as defined in section 3306(u) of the Internal
Revenue Code of 1986); and
``(ii) methods of ascertaining and keeping confidential
information about possible experiences of domestic or sexual
violence (as so defined) to ensure that--
``(I) requests for unemployment compensation based on
separations stemming from such violence 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 and sexual violence.--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 or sexual violence); and
``(ii) assistance made available by the State to victims of
domestic or sexual violence;
``(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 or sexual
violence (as defined in section 3306(u) of the Internal
Revenue Code of 1986);
``(ii) State standards and procedures relating to the
prevention of, and assistance for individuals who experience,
domestic or sexual violence (as so defined); and
``(iii) methods of ascertaining and keeping confidential
information about possible experiences of domestic or sexual
violence (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 Security and Financial
Empowerment Act).''.
(d) Domestic and Sexual Violence 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 (42 U.S.C.
503(a)(4)(B)), as added by subsection (b), and under
subparagraphs (B) and, if applicable, (C)(ii) of section
402(a)(8) of the such Act (42 U.S.C. 602(a)(8)), 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 State or tribal domestic violence coalition or sexual
assault coalition;
(ii) a State or local victim services organization with
recognized expertise in the dynamics of domestic or sexual
violence whose primary mission is to provide services to
victims of domestic or sexual violence, 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 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 2004 to carry out the
provisions of paragraph (1)(A); and
(ii) $12,000,000 for each of fiscal years 2005 through 2007
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 of Health and Human Services 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 of Health and Human Services
for the purpose of carrying out the provisions of paragraph
(1)(B).
(e) Definition of Domestic or Sexual Violence.--Section
3306 of the Internal Revenue Code of 1986 (relating to
definitions) is amended by adding at the end the following:
``(u) Domestic or Sexual Violence.--For purposes of this
chapter, the term `domestic or sexual violence' means
domestic violence, dating violence, sexual assault, or
stalking, as those terms are defined in section 3 of the
Security and Financial Empowerment Act.''.
(f) Effective Date.--
(1) Unemployment amendments.--
(A) In general.--Except as provided in subparagraph (B) and
paragraph (2), the amendments made by this section shall
apply in the case of compensation paid for weeks beginning on
or after the expiration of 180 days from the date of
enactment of this Act.
(B) Extension of effective date for state law amendment.--
(i) In general.--If the Secretary of Labor identifies a
State as requiring a change to its statutes or regulations in
order to comply with the amendments made by this section
(excluding the amendment made by subsection (c)), such
amendments shall apply in the case of compensation paid for
weeks beginning after the earlier of--
(I) the date the State changes its statutes or regulations
in order to comply with such amendments; or
(II) the end of the first session of the State legislature
which begins after the date of enactment of this Act or which
began prior to such date and remained in session for at least
25 calendar days after such date;
except that in no case shall such amendments apply before the
date that is 180 days after the date of enactment of this
Act.
(ii) Session defined.--In this subparagraph, the term
``session'' means a regular, special, budget, or other
session of a State legislature.
(2) 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), the State plan shall not be
regarded as failing to comply with the requirements of such
amendment on the basis of its failure to meet these
additional requirements before the first day of the first
calendar quarter beginning after the close of the first
regular session of the State legislature that begins after
the date of enactment of this Act. For purposes of the
previous sentence, in the
[[Page S13674]]
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.
TITLE III--VICTIMS' EMPLOYMENT SUSTAINABILITY
SEC. 301. SHORT TITLE.
This title may be cited as the ``Victims' Employment
Sustainability Act''.
SEC. 302. PURPOSES.
The purposes of this title 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
providing for the general welfare and to 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 or sexual violence to maintain
the financial independence necessary to leave abusive
situations, achieve safety, and minimize the physical and
emotional injuries from domestic or sexual violence, and to
reduce the devastating economic consequences of domestic or
sexual violence to employers and employees;
(2) to promote the national interest in ensuring that
victims of domestic or sexual violence can recover from and
cope with the effects of such violence, and participate in
criminal and civil justice processes, without fear of adverse
economic consequences from their employers;
(3) to ensure that victims of domestic or sexual violence
can recover from and cope with the effects of such violence,
and participate in criminal and civil justice processes,
without fear of adverse economic consequences with respect to
public benefits;
(4) to promote the purposes of the 14th amendment to the
Constitution by preventing sex-based discrimination and
discrimination against victims of domestic and sexual
violence in employment, by addressing the failure of existing
laws to protect the employment rights of victims of domestic
or sexual violence, by protecting the civil and economic
rights of victims of domestic or sexual violence, and by
furthering the equal opportunity of women for economic self-
sufficiency and employment free from discrimination;
(5) to minimize the negative impact on interstate commerce
from dislocations of employees and harmful effects on
productivity, employment, health care costs, and employer
costs, caused by domestic or sexual violence, including
intentional efforts to frustrate women's ability to
participate in employment and interstate commerce; and
(6) to accomplish the purposes described in paragraphs (1)
through (5) by prohibiting employers from discriminating
against actual or perceived victims of domestic or sexual
violence, in a manner that accommodates the legitimate
interests of employers and protects the safety of all persons
in the workplace.
SEC. 303. PROHIBITED DISCRIMINATORY ACTS.
(a) In General.--An employer shall not fail to hire, refuse
to hire, discharge, or harass any individual, or otherwise
discriminate against any individual with respect to the
compensation, terms, conditions, or privileges of employment
of the individual (including retaliation in any form or
manner), and a public agency shall not deny, reduce, or
terminate the benefits of, otherwise sanction, or harass any
individual, or otherwise discriminate against any individual
with respect to the amount, terms, or conditions of public
assistance of the individual (including retaliation in any
form or manner), because--
(1) the individual involved--
(A) is or is perceived to be a victim of domestic or sexual
violence;
(B) attended, participated in, prepared for, or requested
leave to attend, participate in, or prepare for, a criminal
or civil court proceeding relating to an incident of domestic
or sexual violence of which the individual, or the family or
household member of the individual, was a victim; or
(C) requested an adjustment to a job structure, workplace
facility, or work requirement, including a transfer,
reassignment, or modified schedule, leave, a changed
telephone number or seating assignment, installation of a
lock, or implementation of a safety procedure, in response to
actual or threatened domestic or sexual violence, regardless
of whether the request was granted; or
(2) the workplace is disrupted or threatened by the action
of a person whom the individual states has committed or
threatened to commit domestic or sexual violence against the
individual, or the individual's family or household member.
(b) Definitions.--In this section:
(1) Discriminate.--The term ``discriminate'', used with
respect to the terms, conditions, or privileges of employment
or with respect to the terms or conditions of public
assistance, includes not making a reasonable accommodation to
the known limitations of an otherwise qualified individual--
(A) who is a victim of domestic or sexual violence;
(B) who is--
(i) an applicant or employee of the employer (including a
public agency); or
(ii) an applicant for or recipient of public assistance
from the public agency; and
(C) whose limitations resulted from circumstances relating
to being a victim of domestic or sexual violence;
unless the employer or public agency can demonstrate that the
accommodation would impose an undue hardship on the operation
of the employer or public agency.
(2) Qualified individual.--The term ``qualified
individual'' means--
(A) in the case of an applicant or employee described in
paragraph (1)(B)(i), an individual who, with or without
reasonable accommodation, can perform the essential functions
of the employment position that such individual holds or
desires; or
(B) in the case of an applicant or recipient described in
paragraph (1)(B)(ii), an individual who, with or without
reasonable accommodation, can satisfy the essential
requirements of the program providing the public assistance
that the individual receives or desires.
(3) Reasonable accommodation.--The term ``reasonable
accommodation'' may include an adjustment to a job structure,
workplace facility, or work requirement, including a
transfer, reassignment, or modified schedule, leave, a
changed telephone number or seating assignment, installation
of a lock, or implementation of a safety procedure, in
response to actual or threatened domestic or sexual violence.
(4) Undue hardship.--
(A) In general.--The term ``undue hardship'' means an
action requiring significant difficulty or expense, when
considered in light of the factors set forth in subparagraph
(B).
(B) Factors to be considered.--In determining whether a
reasonable accommodation would impose an undue hardship on
the operation of an employer or public agency, factors to be
considered include--
(i) the nature and cost of the reasonable accommodation
needed under this section;
(ii) the overall financial resources of the facility
involved in the provision of the reasonable accommodation,
the number of persons employed at such facility, the effect
on expenses and resources, or the impact otherwise of such
accommodation on the operation of the facility;
(iii) the overall financial resources of the employer or
public agency, the overall size of the business of an
employer or public agency with respect to the number of
employees of the employer or public agency, and the number,
type, and location of the facilities of an employer or public
agency; and
(iv) the type of operation of the employer or public
agency, including the composition, structure, and functions
of the workforce of the employer or public agency, the
geographic separateness of the facility from the employer or
public agency, and the administrative or fiscal relationship
of the facility to the employer or public agency.
SEC. 304. ENFORCEMENT.
(a) Civil Action by Individuals.--
(1) Liability.--Any employer or public agency that violates
section 303 shall be liable to any individual affected for--
(A) damages equal to the amount of wages, salary,
employment benefits, public assistance, or other compensation
denied or lost to such individual by reason of the violation,
and the interest on that amount calculated at the prevailing
rate;
(B) compensatory damages, including damages for future
pecuniary losses, emotional pain, suffering, inconvenience,
mental anguish, loss of enjoyment or life, and other
nonpecuniary losses;
(C) such punitive damages, up to 3 times the amount of
actual damages sustained, as the court described in paragraph
(2) shall determine to be appropriate; and
(D) such equitable relief as may be appropriate, including
employment, reinstatement, and promotion.
(2) Right of action.--An action to recover the damages or
equitable relief prescribed in paragraph (1) may be
maintained against any employer or public agency in any
Federal or State court of competent jurisdiction by any 1 or
more individuals described in section 303.
(b) Action by Department of Justice.--The Attorney General
may bring a civil action in any Federal or State court of
competent jurisdiction to recover the damages or equitable
relief described in subsection (a)(1).
SEC. 305. ATTORNEY'S FEES.
Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b))
is amended by inserting ``the Victims' Employment
Sustainability Act,'' after ``title VI of the Civil Rights
Act of 1964,''.
TITLE IV--VICTIMS OF ABUSE INSURANCE PROTECTION
SEC. 401. SHORT TITLE.
This title may be cited as the ``Victims of Abuse Insurance
Protection Act''.
SEC. 402. DEFINITIONS.
In this title:
(1) Abuse.--The term ``abuse'' means the occurrence of 1 or
more of the following acts by a current or former household
or family member, intimate partner, or caretaker:
(A) Attempting to cause or causing another person bodily
injury, physical harm, substantial emotional distress,
psychological trauma, rape, sexual assault, or involuntary
sexual intercourse.
(B) Engaging in a course of conduct or repeatedly
committing acts toward another person, including following
the person without proper authority and under circumstances
that place the person in reasonable fear of bodily injury or
physical harm.
(C) Subjecting another person to false imprisonment or
kidnapping.
(D) Attempting to cause or causing damage to property so as
to intimidate or attempt to control the behavior of another
person.
[[Page S13675]]
(2) Health carrier.--The term ``health carrier'' means a
person that contracts or offers to contract on a risk-
assuming basis to provide, deliver, arrange for, pay for, or
reimburse any of the cost of health care services, including
a sickness and accident insurance company, a health
maintenance organization, a nonprofit hospital and health
service corporation or any other entity providing a plan of
health insurance, health benefits or health services.
(3) Insured.--The term ``insured'' means a party named on a
policy, certificate, or health benefit plan, including an
individual, corporation, partnership, association,
unincorporated organization, or any similar entity, as the
person with legal rights to the benefits provided by the
policy, certificate, or health benefit plan. For group
insurance, such term includes a person who is a beneficiary
covered by a group policy, certificate, or health benefit
plan. For life insurance, the term refers to the person whose
life is covered under an insurance policy.
(4) Insurer.--The term ``insurer'' means any person,
reciprocal exchange, inter insurer, Lloyds insurer, fraternal
benefit society, or other legal entity engaged in the
business of insurance, including agents, brokers, adjusters,
and third-party administrators; and employers who provide or
make available employment benefits through an employee
benefit plan, as defined in section 3(3) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 102(3)).
The term also includes health carriers, health benefit plans,
and life, disability, and property and casualty insurers.
(5) Policy.--The term ``policy'' means a contract of
insurance, certificate, indemnity, suretyship, or annuity
issued, proposed for issuance or intended for issuance by an
insurer, including endorsements or riders to an insurance
policy or contract.
(6) Subject of abuse.--The term ``subject of abuse''
means--
(A) a person against whom an act of abuse has been
directed;
(B) a person who has prior or current injuries, illnesses,
or disorders that resulted from abuse; or
(C) a person who seeks, may have sought, or had reason to
seek medical or psychological treatment for abuse,
protection, court-ordered protection, or shelter from abuse.
SEC. 403. DISCRIMINATORY ACTS PROHIBITED.
(a) In General.--No insurer may, directly or indirectly,
engage in any of the following acts or practices on the basis
that the applicant or insured, or any person employed by the
applicant or insured or with whom the applicant or insured is
known to have a relationship or association, is, has been, or
may be the subject of abuse or has incurred or may incur
abuse-related claims:
(1) Denying, refusing to issue, renew or reissue, or
canceling or otherwise terminating an insurance policy or
health benefit plan.
(2) Restricting, excluding, or limiting insurance coverage
for losses or denying a claim, except as otherwise permitted
or required by State laws relating to life insurance
beneficiaries.
(3) Adding a premium differential to any insurance policy
or health benefit plan.
(b) Prohibition on Limitation of Claims.--No insurer may,
directly or indirectly, deny or limit payment of a claim
incurred by an innocent insured as a result of abuse.
(c) Prohibition on Termination.--
(1) In general.--No insurer or health carrier may terminate
health coverage for a subject of abuse because coverage was
originally issued in the name of the abuser and the abuser
has divorced, separated from, or lost custody of the subject
of abuse or the abuser's coverage has terminated voluntarily
or involuntarily and the subject of abuse does not qualify
for an extension of coverage under part 6 of subtitle B of
title I of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1161 et seq.) or section 4980B of the
Internal Revenue Code of 1986.
(2) Payment of premiums.--Nothing in paragraph (1) shall be
construed to prohibit the insurer from requiring that the
subject of abuse pay the full premium for the subject's
coverage under the health plan if the requirements are
applied to all insured of the health carrier.
(3) Exception.--An insurer may terminate group coverage to
which this subsection applies after the continuation coverage
period required by this subsection has been in force for 18
months if it offers conversion to an equivalent individual
plan.
(4) Continuation coverage.--The continuation of health
coverage required by this subsection shall be satisfied by
any extension of coverage under part 6 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1161 et seq.) or section 4980B of the Internal Revenue
Code of 1986 provided to a subject of abuse and is not
intended to be in addition to any extension of coverage
otherwise provided for under such part 6 or section 4980B.
(d) Use of Information.--
(1) Limitation.--
(A) In general.--In order to protect the safety and privacy
of subjects of abuse, no person employed by or contracting
with an insurer or health benefit plan may--
(i) use, disclose, or transfer information relating to
abuse status, acts of abuse, abuse-related medical conditions
or the applicant's or insured's status as a family member,
employer, associate, or person in a relationship with a
subject of abuse for any purpose unrelated to the direct
provision of health care services unless such use,
disclosure, or transfer is required by an order of an entity
with authority to regulate insurance or an order of a court
of competent jurisdiction; or
(ii) disclose or transfer information relating to an
applicant's or insured's mailing address or telephone number
or the mailing address and telephone number of a shelter for
subjects of abuse, unless such disclosure or transfer--
(I) is required in order to provide insurance coverage; and
(II) does not have the potential to endanger the safety of
a subject of abuse.
(B) Rule of construction.--Nothing in this paragraph may be
construed to limit or preclude a subject of abuse from
obtaining the subject's own insurance records from an
insurer.
(2) Authority of subject of abuse.--A subject of abuse, at
the absolute discretion of the subject of abuse, may provide
evidence of abuse to an insurer for the limited purpose of
facilitating treatment of an abuse-related condition or
demonstrating that a condition is abuse-related. Nothing in
this paragraph shall be construed as authorizing an insurer
or health carrier to disregard such provided evidence.
SEC. 404. INSURANCE PROTOCOLS FOR SUBJECTS OF ABUSE.
Insurers shall develop and adhere to written policies
specifying procedures to be followed by employees,
contractors, producers, agents, and brokers for the purpose
of protecting the safety and privacy of a subject of abuse
and otherwise implementing this title when taking an
application, investigating a claim, or taking any other
action relating to a policy or claim involving a subject of
abuse.
SEC. 405. REASONS FOR ADVERSE ACTIONS.
An insurer that takes an action that adversely affects a
subject of abuse, shall advise the subject of abuse applicant
or insured of the specific reasons for the action in writing.
For purposes of this section, reference to general
underwriting practices or guidelines shall not constitute a
specific reason.
SEC. 406. LIFE INSURANCE.
Nothing in this title shall be construed to prohibit a life
insurer from declining to issue a life insurance policy if
the applicant or prospective owner of the policy is or would
be designated as a beneficiary of the policy, and if--
(1) the applicant or prospective owner of the policy lacks
an insurable interest in the insured; or
(2) the applicant or prospective owner of the policy is
known, on the basis of police or court records, to have
committed an act of abuse against the proposed insured.
SEC. 407. SUBROGATION WITHOUT CONSENT PROHIBITED.
Subrogation of claims resulting from abuse is prohibited
without the informed consent of the subject of abuse.
SEC. 408. ENFORCEMENT.
(a) Federal Trade Commission.--
(1) In general.--The Federal Trade Commission shall have
the power to examine and investigate any insurer to determine
whether such insurer has been or is engaged in any act or
practice prohibited by this title.
(2) Cease and desist orders.--If the Federal Trade
Commission determines an insurer has been or is engaged in
any act or practice prohibited by this title, the Commission
may take action against such insurer by the issuance of a
cease and desist order as if the insurer was in violation of
section 5 of the Federal Trade Commission Act. Such cease and
desist order may include any individual relief warranted
under the circumstances, including temporary, preliminary,
and permanent injunctive and compensatory relief.
(b) Private Cause of Action.--
(1) In general.--An applicant or insured who believes that
the applicant or insured has been adversely affected by an
act or practice of an insurer in violation of this title may
maintain an action against the insurer in a Federal or State
court of original jurisdiction.
(2) Relief.--Upon proof of such conduct by a preponderance
of the evidence in an action described in paragraph (1), the
court may award appropriate relief, including temporary,
preliminary, and permanent injunctive relief and compensatory
and punitive damages, as well as the costs of suit and
reasonable fees for the aggrieved individual's attorneys and
expert witnesses.
(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.
SEC. 409. EFFECTIVE DATE.
This title shall apply with respect to any action taken on
or after the date of enactment of this Act.
TITLE V--WORKPLACE SAFETY PROGRAM TAX CREDIT
SEC. 501. CREDIT FOR COSTS TO EMPLOYERS OF IMPLEMENTING
WORKPLACE SAFETY PROGRAMS.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
business related credits) is amended by adding at the end the
following:
``SEC. 45G. WORKPLACE SAFETY PROGRAM CREDIT.
``(a) In General.--For purposes of section 38, the
workplace safety program credit determined under this section
for the taxable
[[Page S13676]]
year is, for any employer, an amount equal to 40 percent of
the domestic and sexual violence safety and education costs
paid or incurred by such employer during the taxable year.
``(b) Definitions.--For purposes of this section--
``(1) Domestic and sexual violence safety and education
cost.--
``(A) In general.--The term `domestic and sexual violence
safety and education cost' means any cost certified by the
Secretary of Labor to the Secretary as being for the purpose
of--
``(i) ensuring the safety of employees from domestic or
sexual violence,
``(ii) providing assistance to employees and the spouses
and dependents of employees with respect to domestic or
sexual violence,
``(iii) providing legal or medical services to employees
and the spouses and dependents of employees subjected to, or
at risk from, domestic or sexual violence,
``(iv) educating employees about the issue of domestic or
sexual violence, or
``(v) implementing human resource or personnel policies
initiated to protect employees from domestic or sexual
violence or to support employees who have been victims of
domestic or sexual violence.
``(B) Types of costs.--Such term includes costs certified
by the Secretary of Labor to the Secretary as being for the
purpose of--
``(i) the hiring of new security personnel in order to
address domestic or sexual violence,
``(ii) the creation of buddy systems or escort systems for
walking employees to parking lots, parked cars, subway
stations, or bus stops, in order to address domestic or
sexual violence,
``(iii) the purchase or installation of new security
equipment, including surveillance equipment, lighting
fixtures, cardkey access systems, and identification systems,
in order to address domestic or sexual violence,
``(iv) the establishment of an employee assistance line or
other employee assistance services, in order to address
domestic or sexual violence, for the use of individual
employees, including counseling or referral services
undertaken in consultation and coordination with national,
State, or local domestic violence coalitions, sexual assault
coalitions, domestic violence programs, or sexual assault
programs,
``(v) the retention of an attorney to provide legal
services to employees seeking restraining orders or other
legal recourse from domestic or sexual violence,
``(vi) the establishment of medical services addressing the
medical needs of employees who are victims of domestic or
sexual violence,
``(vii) the retention of a financial expert or an
accountant to provide financial counseling to employees
seeking to escape from domestic or sexual violence,
``(viii) the establishment of an education program for
employees, consisting of seminars or training sessions about
domestic or sexual violence undertaken in consultation and
coordination with national, State, or local domestic violence
coalitions, sexual assault coalitions, domestic violence
programs, or sexual assault programs,
``(ix) studies of the cost, impact, or extent of domestic
or sexual violence at the employer's place of business, if
such studies are made available to the public and protect the
identity of employees included in the study,
``(x) the publication of a regularly disseminated
newsletter or other regularly disseminated educational
materials about domestic or sexual violence,
``(xi) the implementation of leave policies for the purpose
of allowing or accommodating the needs of victims of domestic
or sexual violence to pursue counseling, legal assistance, or
safety planning, including leave from work to attend meetings
with attorneys, to give evidentiary statements or
depositions, and to attend hearings or trials in court,
``(xii) the implementation of flexible work policies for
the purpose of allowing or accommodating the needs of
employees who are victims of domestic or sexual violence, or
employees at risk with respect to such crimes, to avoid
assailants,
``(xiii) the implementation of transfer policies for the
purpose of allowing or accommodating the needs of employees
subjected to domestic or sexual violence to change office
locations within the company in order to avoid assailants or
to allow the transfer of an employee who has perpetrated
domestic or sexual violence in order to protect the victim,
including payment of costs for the transfer and relocation of
an employee to another city, county, State, or country for
the purpose of maintaining an employee's safety from domestic
or sexual violence, or
``(xiv) the provision of any of the services described in
clauses (iv) through (viii) to the spouses or dependents of
employees.
``(C) Notification of possible tax consequences.--In no
event shall any cost for goods or services which may be
included in the income of any employee receiving or
benefiting from such goods or services be treated as a
domestic and sexual violence safety and education cost unless
the employer notifies the employee in writing of the
possibility of such inclusion.
``(2) Domestic or sexual violence.--The term `domestic or
sexual violence' means domestic violence, dating violence,
sexual assault, or stalking, as those terms are defined in
section 3 of the Security and Financial Empowerment Act.
``(3) Domestic violence coalition; sexual assault
coalition.--The terms `domestic violence coalition' and
`sexual assault coalition' have the meanings given the terms
in section 3 of the Security and Financial Empowerment Act.
``(4) Employee.--The term `employee' means a person who is
an employee, as defined in section 3(9) of the Security and
Financial Empowerment Act, except that the person may be
employed by any employer described in paragraph (5).
``(5) Employer.--The term `employer' means a person who is
an employer, as defined in section 3(10) of such Act,
determined without regard to the number of individuals
employed.
``(c) Coordination With Other Provisions.--No credit or
deduction shall be allowed under any other provision of this
title for any amount for which a credit is allowed under this
section.''.
(b) Treatment as General Business Credit.--
(1) In general.--Subsection (b) of section 38 of the
Internal Revenue Code of 1986 (relating to general business
credit) is amended by striking ``plus'' at the end of
paragraph (14), by striking the period at the end of
paragraph (15) and inserting ``, plus'', and by adding at the
end the following:
``(16) the workplace safety program credit determined under
section 45G.''.
(2) Transitional rule for carrybacks.--Subsection (d) of
section 39 of such Code (relating to transitional rules) is
amended by adding at the end the following:
``(11) No carryback of section 45g credit before effective
date.--No portion of the unused business credit for any
taxable year which is attributable to the workplace safety
program credit determined under section 45G may be carried
back to a taxable year beginning before January 1, 2004.''.
(3) Deduction for unused credits.--Subsection (c) of
section 196 of such Code (relating to deduction for certain
unused business credits) is amended by striking ``and'' at
the end of paragraph (9), by striking the period at the end
of paragraph (10) and inserting ``, and'', and by adding at
the end the following:
``(11) the workplace safety program credit determined under
section 45G.''.
(c) Credit Not a Defense in Legal Actions.--The allowance
of a credit under section 45G of the Internal Revenue Code of
1986 (as added by this section) shall not absolve employers
of their responsibilities under any other law and shall not
be construed as a defense to any legal action (other than
legal action by the Secretary of the Treasury under such
Code).
(d) Clerical Amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following:
``Sec. 45G. Workplace safety program credit.''.
(e) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2003.
TITLE VI--NATIONAL CLEARINGHOUSE ON DOMESTIC AND SEXUAL VIOLENCE IN THE
WORKPLACE GRANT
SEC. 601. NATIONAL CLEARINGHOUSE ON DOMESTIC AND SEXUAL
VIOLENCE IN THE WORKPLACE GRANT.
(a) Authority.--The Attorney General may award a grant in
accordance with this section to a private, nonprofit entity
or tribal organization that meets the requirements of
subsection (b), in order to provide for the establishment and
operation of a national clearinghouse and resource center to
provide information and assistance to employers, labor
organizations, and advocates on behalf of victims of domestic
or sexual violence, in their efforts to develop and implement
appropriate responses to assist those victims.
(b) Grantees.--Each applicant for a grant under this
section shall submit to the Attorney General an application,
which shall--
(1) demonstrate that the applicant--
(A) has a nationally recognized expertise in the area of
domestic violence, dating violence, sexual assault, and
stalking, and a record of commitment and quality responses to
reduce domestic violence, dating violence, sexual assault,
and stalking; and
(B) will provide matching funds from non-Federal sources in
an amount equal to not less than 10 percent of the total
amount of the grant awarded under this section; and
(2) include a plan to maximize, to the extent practicable,
outreach to employers (including private companies, as well
as public entities such as universities, and State and local
governments) in developing and implementing appropriate
responses to assist employees who are victims of domestic or
sexual violence.
(c) Use of Grant Amount.--A grant under this section may be
used for staff salaries, travel expenses, equipment,
printing, and other reasonable expenses necessary to
assemble, maintain, and disseminate to employers, labor
organizations, and advocates described in subsection (a),
information on and appropriate responses to domestic
violence, dating violence, sexual assault, and stalking,
including--
(1) training to promote a better understanding of
appropriate assistance to employee victims;
(2) conferences and other educational opportunities;
(3) development of protocols and model workplace policies;
(4) employer- and union-sponsored victim services and
outreach counseling; and
(5) assessments of the workplace costs of domestic
violence, dating violence, sexual assault, and stalking.
[[Page S13677]]
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $500,000 for
each of fiscal years 2004 through 2008.
TITLE VII--SEVERABILITY
SEC. 701. SEVERABILITY.
If any provision of this Act, any amendment made by this
Act, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the
remainder of the provisions of this Act, the amendments made
by this Act, and the application of such provisions or
amendments to any person or circumstance shall not be
affected.
______
By Mr. ENZI:
S. 1803. A bill to expand the applicability of daylight saving time;
to the Committee on Commerce, Science, and Transportation.
Mr. ENZI. Mr. President, this Friday, October 31, families all over
America will be celebrating a special holiday that has become a family
tradition. On that day, our children will be dressing up as their
favorite characters and clowns and heading down the street to scour the
neighborhood in search of their favorite candies and sweets. As each
group of witches, goblins and ghouls patrols the neighborhood, the
cries of ``Trick or Treat'' will be heard everywhere along with the
shouts of joy and excitement from each participant as they bring home a
bag full of all sorts of candy to share with the whole family.
Although it is a great holiday, there has always been one great
concern about it--the safety of our children. It is a concern that
stems from the time change that occurs the weekend before Halloween.
Unfortunately, when Congress passed legislation authorizing the use of
daylight saving time, we drew the lines one week short of Halloween.
Instead of including it in the time change boundaries, Congress drew
the finish line for daylight saving time one week short, so that it
ended the weekend before, instead of after the night so many of our
children will be out walking the streets of their neighborhood in
pursuit of their favorite holiday treats.
That is why I am pleased to introduce the Halloween Safety Act of
2003. Its purpose is to extend the end date of daylight saving time
from the last Sunday in October to the first Sunday in November. This
simple, but important, change will ensure that the protections of
daylight saving time extend through Halloween.
The idea of extending daylight saving time was introduced to me by
Sharon Rasmussen, a second grade teacher from Sheridan, WY and her
students. Twelve years ago Mrs. Rasmussen's class began writing to
Wyoming's representatives expressing their wish to have an extra hour
of daylight on Halloween to ensure the safety of small children. Each
year since then I have received a packet of letters from Mrs.
Rasmussen's class encouraging my support for this reasonable proposal.
Legislation has been introduced in the past to extend daylight saving
time. Although many of the bills sought to change both the starting
date and the ending date, the legislation I introduced today would
simply extend it for one week.
The reason why such a change needs to be made is readily apparent.
According to the Insurance Institute for Highway Safety, over four
thousand eight hundred people died in 2001, that is an average of 13
deaths per day. Fatal pedestrian-motor vehicle collisions occur most
often between 6 and 9 p.m. Unfortunately, these general trends are
highly magnified on Halloween given the considerable increase in
pedestrians, most of whom are children. A study by the National Center
for Injury Prevention and Control concluded that the occurrence of
pedestrian deaths for children ages 5 to 14 is four times higher on
Halloween than any other night of the year. School and communities
encourage children and parents to use safety measures when children
venture out on Halloween and the Halloween Safety Act can further help
protect our nation's youth.
When students take an interest in improving our Nation's laws,
especially when it would serve to protect other children, I believe it
is our duty to pay close attention to their needs and respond if
possible. If children concerned about their own safety suggest a
reasonable approach to making their world a little bit safer, I believe
that accommodating their request is not too much to ask. The fact that
second and third grade students in Sheridan, WY have been working on
this legislation for years shows that protecting the children of our
country is a primary concern of theirs, and it should be for all of us
as lawmakers. If one life can be saved or one accident avoided by
extending Daylight Saving Time, it would be worthwhile.
I encourage all my colleagues to support this act for the important
benefits the Halloween Safety Act of 2003 would have for children and
their parents.
______
By Mr. BREAUX (for himself, Mr. Lott, and Mr. Hollings):
S. 1804. A bill to reauthorize programs relating to sport fishing and
recreational boating safety, and for other purposes; to the Committee
on Commerce, Science, and Transportation.
Mr. BREAUX. Mr. President, I rise today to introduce the Sport
Fishing Restoration and Boating Safety Act of 2003. The legislation,
cosponsored by Senator Lott and Senator Hollings is funded through the
Aquatic Resources Trust fund, which I am honored to know is commonly
referred to as the Wallop-Breaux Trust Fund (Wallop-Breaux). This bill
reauthorizes activities funded by two of the Nation's most effective
``user-pay, user-benefit'' programs--the Sport Fish Restoration Fund
and the Recreational Boating Safety Fund--which constitute the
``Wallop-Breaux'' program.
In 1984, when I was a member of the House of Representatives, I had
the privilege of sponsoring, along with then Senator Malcolm Wallop,
what I consider to be the most significant legislation for anglers and
boaters to have passed the Congress. We guided through the House and
Senate legislation that greatly increased funds for fishery and boating
and related programs in virtually every State of our Nation. In 1985,
the first year that the Wallop-Breaux amendments were effective, their
impact caused the funding for fishing and boating programs to increase
from approximately $35 million to $100 million. Funded by a Federal
manufacturers' excise taxes on fishing equipment and a percentage of
the Federal fuel tax attributed to use in motor boats and small
engines, Wallop-Breaux will this year alone provide to the States
approximately $450 million to the greatest of outdoor recreations--
fishing and boating. It is sometimes difficult to fathom, but over the
past nineteen years, Wallop-Breaux has disbursed upwards of $5 billion
to the States to improve recreational boating and fishing, promote
conservation, protect the environment and to conserve wetlands.
As my colleagues know, Wallop-Breaux and other important programs
funded through the Highway Trust Fund received a five-month extension,
awaiting consideration of full term reauthorization. Over the last two
years, I have met with the American League of Anglers and Boaters
(ALAB), the constituent group comprised of 34 organizations
representing the spectrum of fishing and boating interests. The purpose
of these meetings has been to prepare for introduction of this
reauthorization legislation. I am pleased to report that ALAB support
the legislation I bring before you today.
Foremost on everyone's agenda was the need to secure a stable and
predictable funding base for boating safety grants to the states. The
challenge was to increase the funding and dependability of delivery of
boating safety grants to the States.
I pledged my support to these Wallop-Breaux constituent groups to
enact improvements to the overall program. After countless meetings and
considerable deliberation, I am pleased to report that the legislation
I am introducing today reflects a general consensus on improving
Wallop-Breaux to the benefit of all stakeholders. I want to stress that
this would not have been possible without the leadership of Senator
Lott, Senator Hollings and other key members of the committees having
joint-jurisdiction over Wallop-Breaux programs. Under the legislation,
Boating Safety Grants will now have guaranteed and increased funding.
This program will now receive 18 percent of the total Wallop-Breaux,
increasing present funding from $64 million to $95 million in the first
year of enactment.
The legislation also dissolves the Boat Safety account. The balance
currently in the account plus the interest,
[[Page S13678]]
approximately $87 million, will be distributed over the next five years
to accounts in the fund.
State boat safety grants will now have a 3 to 1 match, the same as
the Sport Fish Restoration grants, enabling state funds to go farther
by reimbursing them 75 cents for every Federal dollar.
And lastly, all programs funded through Wallop-Breaux will be
assigned a percentage of the total fund to allow a simpler and fairer
process. When the amount of funds increase or decrease so will all of
the programs based upon their percentage.
The growing popularity of recreational boating and fishing has
created safety, environmental, and access needs that have been
successfully addressed by the two Wallop-Breaux programs--Recreational
Boating Safety and Sport Fish Restoration. The reauthorization is
important for the safety of boaters, the continued enjoyment of
fishermen, and improvement of our wetlands and waterways.
This reauthorization will allow continued funding of programs that
benefit boating safety, coastal wetland protection and restoration and
sportfish restoration, as well as Clean Vessel Act grants that help to
keep our waterways clean.
I appreciate the opportunity to discuss the positive impact of
Wallop-Breaux programs in years past, as well as presenting significant
improvements contained in the legislation that I am introducing today.
I ask that my colleagues join Senator Lott, Senator Hollings and me in
cosponsoring this landmark legislation.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered printed in the Record
as follows:
S. 1804
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 ``Sport Fishing and
Recreational Boating Safety Act''.
TITLE I--FEDERAL AID IN SPORT FISH RESTORATION ACT AMENDMENTS
SEC. 101. AMENDMENT OF FEDERAL AID IN FISH RESTORATION ACT.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Act entitled ``An Act to provide that
the United States shall aid the States in fish restoration
and management projects, and for other purposes,'' approved
August 9, 1950 (64 Stat. 430; 16 U.S.C. 777 et seq.).
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
Section 3 (16 U.S.C. 777b) is amended--
(1) by striking ``the succeeding fiscal year.'' in the
third sentence and inserting ``succeeding fiscal years.'';
and
(2) by striking ``in carrying on the research program of
the Fish and Wildlife Service in respect to fish of material
value for sport and recreation.'' and inserting ``to
supplement the 55.3 percent of each annual appropriation to
be apportioned among the States, as provided for in section
4(b) of this Act.''.
SEC. 103. DIVISION OF ANNUAL APPROPRIATIONS.
Section 4 (16 U.S.C. 777c) is amended--
(1) by striking subsections (a) through (d) and
redesignating subsections (e), (f), and (g) as subsections
(b), (c), and (d);
(2) by inserting before subsection (b), as redesignated,
the following:
``(a) In General.--For fiscal years 2004 through 2009, each
annual appropriation made in accordance with the provisions
of section 3 of this Act shall be distributed as follows:
``(1) Coastal wetlands.--18 percent to the Secretary of the
Interior for distribution as provided in the Coastal Wetlands
Planning, Protection, and Restoration Act (16 U.S.C. 3951 et
seq.).
``(2) Boating safety.--18 percent to the Secretary of
Homeland Security for State recreational boating safety
programs under section 13106 of title 46, United States Code.
``(3) Clean vessel act.--1.9 percent to the Secretary of
the Interior for qualified projects under section 5604(c) of
the Clean Vessel Act of 1992 (33 U.S.C. 1322 note).
``(4) Boating infrastructure.--1.9 percent to the Secretary
of the Interior for obligation for qualified projects under
section 7404(d) of the Sportfishing and Boating Safety Act of
1998 (16 U.S.C. 777g-1(d)).
``(5) National outreach and communications.--1.9 percent to
the Secretary of the Interior for the National Outreach and
Communications Program under section 8(d) of this Act. Such
amounts shall remain available for 3 fiscal years, after
which any portion thereof that is unobligated by the
Secretary for that program may be expended by the Secretary
under subsection (b) of this section.
``(6) Set-aside for expenses for administration of this
chapter.
``(A) In general.--2.1 percent to the Secretary of the
Interior for expenses for administration incurred in
implementation of this Act, in accordance with this section,
section 9, and section 14 of this Act.
``(B) Apportionment of unobligated funds.--If any portion
of the amount made available to the Secretary under
subparagraph (a) remains unexpended and unobligated at the
end of a fiscal year, that portion shall be apportioned among
the States, on the same basis and in the same manner as other
amounts made available under this Act are apportioned among
the States under subsection (b) of this section, within 60
days after the end of that fiscal year. Any amount
apportioned among the States under this subparagraph shall be
in addition to any amounts otherwise available for
apportionment among the States under subsection (b) for the
fiscal year.'';
(3) by striking ``of the Interior, after the distribution,
transfer, use, and deduction under subsections (a), (b), (c),
and (d), respectively, and after deducting amounts used for
grants under section 14, shall apportion the remainder'' in
subsection (b), as redesignated, and inserting ``shall
apportion 55.3 percent'';
(4) by striking ``per centum'' each place it appears in
subsection (b), as redesignated, and inserting ``percent'';
(5) by striking ``subsections (a), (b)(3)(A), (b)(3)(B),
and (c)'' in paragraph (1) of subsection (d), as
redesignated, and inserting ``paragraphs (1), (3), (4), and
(5) of subsection (a)''; and
(6) by adding at the end the following:
``(e) Transfer of Certain Funds.--Amounts available under
paragraphs (3) and (4) of subsection (a) that are unobligated
by the Secretary after 3 fiscal years shall be transferred to
the Secretary of Homeland Security and shall be expended for
State recreational boating safety programs under section
13106(a) of title 46, United States Code.''.
SEC. 104. MAINTENANCE OF PROJECTS.
Section 8 (16 U.S.C. 777g) is amended--
(1) by striking ``in carrying out the research program of
the Fish and Wildlife Service in respect to fish of material
value for sport or, recreation.'' in subsection (b)(2) and
inserting ``to supplement the 55.3 percent of each annual
appropriation to be apportioned among the States under
section 4(b) of this Act.''; and
(2) by striking ``subsection (c) or (d) of section 4'' in
subsection (d) (3) and inserting ``paragraph (5) or (6) of
section 4(a)''.
SEC. 105. BOATING INFRASTRUCTURE.
Section 7404(d)(1) of the Sportfishing and Boating Safety
Act of 1998 (16 U.S.C. 777g-1(d)(1)) is amended by striking
``section 4(b)(3)(B)'' and inserting ``section 4(a)(4)''.
SEC. 106. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF
AMOUNTS FOR EXPENSES FOR ADMINISTRATION.
Section 9 (16 U.S.C. 777h) is amended--
(1) by striking ``section 4(d)(1)'' in subsection (a) and
inserting ``section 4(a)(6)''; and
(2) by striking ``section 4(d)(1)'' in subsection (b)(1)
and inserting ``section 4(a)(6)''.
SEC. 107. PAYMENTS OF FUNDS TO AND COOPERATION WITH PUERTO
RICO, THE DISTRICT OF COLUMBIA, GUAM, AMERICAN
SAMOA, COMMONWEALTH OF THE NORTHERN MARINA
ISLANDS, AND VIRGIN ISLANDS.
Section 12 (16 U.S.C. 777k) is amended by striking ``in
carrying on the research program of the Fish and Wildlife
Service in respect to fish of material value for sport or
recreation.'' and inserting ``to supplement the 55.3 percent
of each annual appropriation to be apportioned among the
States under section 4(b) of this Act.''.
SEC. 108. MULTISTATE CONSERVATION GRANT PROGRAM.
Section 14 (16 U.S.C. 777m) is amended--
(1) by striking so much of subsection (a) as precedes
paragraph (2) and inserting the following: ``(a) In General.
``(1) Amount for grants.--For each of fiscal years 2004
through 2009, 0.9 percent of each annual appropriation made
in accordance with the provisions of section 3 of this Act
shall be distributed to the Secretary of the Interior for
making multistate conservation project grants in accordance
with this section.'';
(2) by striking ``section 4(e)'' each place it appears in
subsection (a)(2)(B) and inserting ``section 4(b)''; and
(3) by striking ``Of the balance of each annual
appropriation made under section 3 remaining after the
distribution and use under subsections (a), (b), and (c) of
section 4 for each fiscal year and after deducting amounts
used for grants under subsection (a)--'' in subsection (e)
and inserting ``Of amounts made available under section
4(a)(6) for each fiscal year--''.
TITLE II--AMENDMENTS TO THE TRUST FUND CODE
SEC. 201. TRANSFERS FROM THE TRUST FUND FOR MOTORBOAT FUEL
TAXES.
Paragraph (4) of section 9503(c) of the Internal Revenue
Code of 1986 (26 U.S.C. 9503(c)) is amended--
(1) by striking so much of that paragraph as precedes
subparagraph (C) and inserting the following:
``(4) Transfers from the trust fund for motorboat fuel
taxes.
``(A) Transfer to land and water conservation fund.
``(i) In general.--The Secretary shall pay from time to
time from the Highway Trust
[[Page S13679]]
Fund into the land and water conservation fund provided for
in title I of the Land and Water Conservation Fund Act of
1965 amounts (as determined by him) equivalent to the
motorboat fuel taxes received on or after October 1, 2003,
and before October 1, 2009.
``(ii) Limitation.--The aggregate amount transferred under
this subparagraph during any fiscal year shall not exceed
$1,000,000.
``(B) Excess funds transferred to sport fish restoration
account.--Any amounts received in the Highway Trust Fund--
``(i) which are attributable to motorboat fuel taxes, and
``(ii) which are not transferred from the Highway Trust
Fund under subparagraph (A),
shall be transferred by the Secretary from the Highway Trust
Fund into the Sport Fish Restoration Account in the Aquatic
Resources Trust Fund.''; and
(2) By striking subparagraph (C) and redesignating
subparagraphs (D) and (E) as subparagraphs (C) and (D),
respectively.
SEC. 202. EXPENDITURES FROM THE BOAT SAFETY ACCOUNT.
Section 9504(c) of the Internal Revenue Code of 1986 (26
U.S.C. 9504(c)) is amended to read as follows:
``(c) Expenditures From Boat Safety Account.--Amounts in
the Boat Safety Account on the date of enactment of the Sport
Fishing and Recreational Boating Safety Act, and amounts
thereafter credited to the Account under section 9602(b),
shall be available, without further appropriation, in the
following amounts:
``(1) In fiscal year 2004, $28,155,000 shall be
distributed--
``(A) under section 4 of the Act entitled ``An Act to
provide that the United States shall aid the States in fish
restoration and management projects, and for other
purposes,'' approved August 9, 1950 (16 U.S.C. 777c) in the
following manner:
``(i) $11,200,000 to be added to funds available under
subsection (a)(2) of that section,
``(ii) $1,245,000 to be added to funds available under
subsection (a)(3) of that section,
``(iii) $1,245,000 to be added to funds available under
subsection (a)(4) of that section,
``(iv) $1,245,000 to be added to funds available under
subsection (a)(5) of that section, and
``(v) $12,800,000 to be added to funds available under
subsection (b) of that section, and
``(B) under section 14 of that Act (16 U.S.C. 777m),
$420,000, to be added to funds available under subsection
(a)(1) of that section.
``(2) In fiscal year 2005, $22,419,000 shall be
distributed--
``(A) under section 4 of that Act (16 U.S.C. 777c) in the
following manner:
``(i) $8,075,000 to be added to funds available under
subsection (a)(2) of that section,
``(ii) $713,000 to be added to funds available under
subsection (a)(3) of that section,
``(iii) $713,000 to be added to funds available under
subsection (a)(4) of that section,
``(iv) $713,000 to be added to funds available under
subsection (a)(5) of that section, and
``(v) $11,925,000 to be added to funds available under
subsection (b) of that Act, and
``(B) under section 14 of that Act (16 U.S.C. 777m),
$280,000 to be added to funds available under subsection
(a)(1) of that section.
``(3) In fiscal year 2006, $17,139,000 shall be
distributed--
``(A) under section 4 of that Act (16 U.S.C. 777c) in the
following manner:
``(i) $6,800,000 to be added to funds available under
subsection (a)(2) of that section,
``(ii) $333,000 to be added to funds available under
subsection (a)(3) of that section,
``(iii) $333,000 to be added to funds available under
subsection (a)(4) of that section,
``(iv) $333,000 to be added to funds available under
subsection (a)(5) of that section, and
``(v) $9,200,000 to be added to funds available under
subsection (b) of that section, and
``(B) under section 14 of that Act (16 U.S.C. 777m),
$140,000, to be added to funds available under subsection
(a)(1) of that section.
``(4) In fiscal year 2007, $12,287,000 shall be
distributed--
``(A) under section 4 of that Act (16 U.S.C. 777c) in the
following manner:
``(i) $5,100,000 to be added to funds available under
subsection (a)(2) of that section,
``(ii) $48,000 to be added to funds available under
subsection (a)(3) of that section,
``(iii) $48,000 to be added to funds available under
subsection (a)(4) of that section,
``(iv) $48,000 to be added to funds available under
subsection (a)(5) of that section, and
``(v) $6,900,000 to be added to funds available under
subsection (b) of that section, and
``(B) under section 14 of that Act (16 U.S.C. 777m),
$143,000, to be added to funds available under subsection
(a)(1) of that section.
``(5) In fiscal year 2008, all remaining fiends in the
Account shall be distributed under section 4 of that Act (16
U.S.C. 777c) in the following manner:
``(A) one-third to be added to funds available under
subsection (b), and
``(B) two-thirds to be added to funds available under
subsection (h).''.
TITLE III--CLEAN VESSEL ACT AMENDMENTS
SEC. 301. GRANT PROGRAM.
Section 5604(C)(2) of the Clean Vessel Act of 1992 (33
U.S.C. 1322 note) is amended
(1) by striking subparagraph (A); and
(2) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively.
TITLE IV--RECREATIONAL BOATING SAFETY PROGRAM AMENDMENTS
SEC. 401. STATE MATCHING FUNDS REQUIREMENT.
Section 13103(b) of title 46, United States Code, is
amended by striking ``one-half'' and inserting ``75
percent''.
SEC. 402. AVAILABILITY OF ALLOCATIONS.
Section 13104(a) of title 46, United States Code, is
amended--
(1) by striking ``2 years'' in paragraph (1) and inserting
``3 years''; and
(2) by striking ``2-year'' in paragraph (2) and inserting
``3-year''.
SEC. 403. AUTHORIZATION OF APPROPRIATIONS FOR STATE
RECREATIONAL BOATING SAFETY PROGRAMS.
Section 13106(c) of title 46, United States Code, is
amended--
(1) by striking ``Secretary of Transportation under
paragraphs (2) and (3) of section 4(b)'' and inserting
``Secretary under subsections (a)(2) and (e) of section 4'';
and
(2) by inserting ``a minimum of'' before ``$2,000,000''.
SEC. 404. MAINTENANCE OF EFFORT FOR STATE RECREATIONAL
BOATING SAFETY PROGRAMS.
(a) In General.--Chapter 131 of title 46, United States
Code, is amended by inserting after section 13106 the
following:
``Sec. 13107. Maintenance of effort for State recreational
boating safety programs
``(a) In General.--The amount payable to a State for a
fiscal year from an allocation under section 13103 of this
chapter shall be reduced if the usual amounts expended by the
State for the State's recreational boating safety program, as
determined under section 13105 of this chapter, for the
previous fiscal year is less than the average of the total of
such expenditures for the 3 fiscal years immediately
preceding that previous fiscal year. The reduction shall be
proportionate, as a percentage, to the amount by which the
level of State expenditures for such previous fiscal year is
less than the average of the total of such expenditures for
the 3 fiscal years immediately preceding that previous fiscal
year.
``(b) Reduction of Threshhold.--If the total amount
available for allocation and distribution under this chapter
in a fiscal year for all participating State recreational
boating safety programs is less than such amount for the
preceding fiscal year, the level of State expenditures
required under subsection (a) of this section for the
preceding fiscal year shall be decreased proportionately.
``(c) Waiver.--
``(1) In general.--Upon the written request of a State, the
Secretary may waive the provisions of subsection (a) of this
section for 1 fiscal year if the Secretary determines that a
reduction in expenditures for the State's recreational
boating safety program is attributable to a non-selective
reduction in expenditures for the programs of all Executive
branch agencies of the State government, or for other reasons
if the State demonstrates to the Secretary's satisfaction
that such waiver is warranted.
``(2) 30-day decision.--The Secretary shall approve or deny
a request for a waiver not later than 30 days after the date
the request is received.''.
(b) Conforming Amendment.--The chapter analysis for chapter
131 of title 46, United States Code, is amended by inserting
after the item relating to section 13106 the following:
``13107. Maintenance of effort for State recreational boating safety
programs.''.
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