[Congressional Record (Bound Edition), Volume 149 (2003), Part 19]
[Senate]
[Pages 26648-26667]
[From the U.S. 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

[[Page 26649]]

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 (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,

[[Page 26650]]

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 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

[[Page 26651]]

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 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.

[[Page 26652]]

       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 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.'';

[[Page 26653]]

       (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 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

[[Page 26654]]

       (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.
       (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.

[[Page 26655]]

       (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.
  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

[[Page 26656]]

     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 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.

[[Page 26657]]

       (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 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.

[[Page 26658]]

       (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.

       (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.--

[[Page 26659]]

       (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--
       (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);

[[Page 26660]]

       ``(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.''.
       (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

[[Page 26661]]

     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 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.

[[Page 26662]]

       (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.
       (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.

[[Page 26663]]

       (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 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

[[Page 26664]]

     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.
       (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

[[Page 26665]]

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, 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

[[Page 26666]]

     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 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--

[[Page 26667]]

       ``(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.''.

                          ____________________