HR 4016
110th CONGRESS
1st Session
H. R. 4016
To provide unemployment insurance to those who are separated
from their employment as a result of domestic violence, dating violence,
sexual assault, or stalking.
IN THE HOUSE OF REPRESENTATIVES
October 31, 2007
Ms. ROYBAL-ALLARD (for herself and Mr. POE) introduced the following
bill; which was referred to the Committee on Ways and Means
A BILL
To provide unemployment insurance to those who are separated
from their employment as a result of domestic violence, dating violence,
sexual assault, or stalking.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Unemployment Insurance for Survivors Act
of 2007'.
SEC. 2. DEFINITIONS.
In this Act, except as otherwise expressly provided:
(1) COMMERCE- The terms `commerce' and `industry or activity affecting
commerce' have the meanings given the terms in section 101 of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2611).
(2) DATING VIOLENCE- The term `dating violence' has the meaning given
the term in section 40002 of the Violence Against Women Act of 1994
(42 U.S.C. 13925).
(3) DOMESTIC VIOLENCE- The term `domestic violence' has the meaning
given the term in section 40002 of the Violence Against Women Act of
1994 (42 U.S.C. 13925).
(4) DOMESTIC VIOLENCE COALITION- The term `domestic violence coalition'
means a nonprofit, nongovernmental membership organization that--
(A) consists of the entities carrying out a majority of the domestic
violence programs carried out within a State;
(B) collaborates and coordinates activities with Federal, State, and
local entities to further the purposes of domestic violence intervention
and prevention; and
(C) among other activities, provides training and technical assistance
to entities carrying out domestic violence programs within a State,
territory, political subdivision, or area under Federal authority.
(5) EMPLOY; STATE- The terms `employ' and `State' have the meanings
given the terms in section 3 of the Fair Labor Standards Act of 1938
(29 U.S.C. 203).
(A) IN GENERAL- The term `employee' means any person employed by an
employer. In the case of an individual employed by a public agency,
such term means an individual employed as described in section 3(e)(2)
of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)(2)).
(B) BASIS- The term includes a person employed as described in subparagraph
(A) on a full- or part-time basis, for a fixed time period, on a temporary
basis, pursuant to a detail, or as a participant in a work assignment
as a condition of receipt of Federal or State income-based public
assistance.
(7) EMPLOYER- The term `employer'--
(A) means any person engaged in commerce or in any industry or activity
affecting commerce who employs 15 or more individuals; and
(B) includes any person acting directly or indirectly in the interest
of an employer in relation to an employee, and includes a public agency
that employs individuals as described in section 3(e)(2) of the Fair
Labor Standards Act of 1938, but does not include any labor organization
(other than when acting as an employer) or anyone acting in the capacity
of officer or agent of such labor organization.
(8) EMPLOYMENT BENEFITS- The term `employment benefits' means all benefits
provided or made available to employees by an employer, including group
life insurance, health insurance, disability insurance, sick leave,
annual leave, educational benefits, and pensions, regardless of whether
such benefits are provided by a practice or written policy of an employer
or through an `employee benefit plan', as defined in section 3(3) of
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)).
(9) PARENT; SON OR DAUGHTER- The terms `parent' and `son or daughter'
have the meanings given the terms in section 101 of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2611).
(10) PERSON- The term `person' has the meaning given the term in section
3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
(11) SEXUAL ASSAULT- The term `sexual assault' has the meaning given
the term in section 40002 of the Violence Against Women Act of 1994
(42 U.S.C. 13925).
(12) SEXUAL ASSAULT COALITION- The term `sexual assault coalition' means
a nonprofit, nongovernmental membership organization that--
(A) consists of the entities carrying out a majority of the sexual
assault programs carried out within a State;
(B) collaborates and coordinates activities with Federal, State, and
local entities to further the purposes of sexual assault intervention
and prevention; and
(C) among other activities, provides training and technical assistance
to entities carrying out sexual assault programs within a State, territory,
political subdivision, or area under Federal authority.
(13) STALKING- The term `stalking' has the meaning given the term in
section 40002 of the Violence Against Women Act of 1994 (42 U.S.C. 13925).
(14) VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR
STALKING- The term `victim of domestic violence, dating violence, sexual
assault, or stalking' includes a person who has been a victim of domestic
violence, dating violence, sexual assault, or stalking and a person
whose family or household member has been a victim of domestic violence,
dating violence, sexual assault, or stalking.
(15) VICTIM SERVICES ORGANIZATION- The term `victim services organization'
means a nonprofit, nongovernmental organization that provides assistance
to victims of domestic violence, dating violence, sexual assault, or
stalking, or to advocates for such victims, including a rape crisis
center, an organization carrying out a domestic violence program, an
organization operating a shelter or providing counseling services, or
an organization providing assistance through the legal process.
SEC. 3. PURPOSES.
The purposes of this Act are, pursuant to the affirmative power of Congress
to enact legislation under the portions of section 8 of article I of the
Constitution relating to laying and collecting taxes, providing for the
general welfare, and regulation of commerce among the several States,
and under section 5 of the 14th amendment to the Constitution--
(1) to promote the national interest in reducing domestic violence,
dating violence, sexual assault, and stalking by enabling victims of
domestic violence, dating violence, sexual assault, or stalking to maintain
the financial independence necessary to leave abusive situations, achieve
safety, and minimize the physical and emotional injuries from domestic
violence, dating violence, sexual assault, or stalking, and to reduce
the devastating economic consequences of domestic violence, dating violence,
sexual assault, or stalking to employers and employees;
(2) to promote the national interest in ensuring that victims of domestic
violence, dating violence, sexual assault, or stalking can recover from
and cope with the effects of such victimization and participate in the
criminal and civil justice processes without fear of adverse economic
consequences;
(3) to minimize the negative impact on interstate commerce from dislocations
of employees and harmful effects on productivity, loss of employment,
health care costs, and employer costs, caused by domestic violence,
dating violence, sexual assault, or stalking, including intentional
efforts to frustrate the ability of women to participate in employment
and interstate commerce;
(4) to promote the purposes of the 14th amendment to the Constitution
by preventing sex-based discrimination and discrimination against victims
of domestic violence, dating violence, sexual assault, or stalking in
unemployment insurance, by addressing the failure of existing laws to
protect the employment rights of victims of domestic violence, dating
violence, sexual assault, or stalking, by protecting their civil and
economic rights, and by furthering the equal opportunity of women for
economic self-sufficiency and employment free from discrimination; and
(5) to accomplish the purposes described in paragraphs (1) through (4)
by providing unemployment insurance to those who are separated from
their employment as a result of domestic violence, dating violence,
sexual assault, or stalking, in a manner that accommodates the legitimate
interests of employers and protects the safety of all persons in the
workplace.
SEC. 4. UNEMPLOYMENT COMPENSATION AND TRAINING PROVISIONS.
(a) Unemployment Compensation- Section 3304 of the Internal Revenue Code
of 1986 (relating to approval of State unemployment compensation laws)
is amended--
(A) in paragraph (18), by striking `and' at the end;
(B) by redesignating paragraph (19) as paragraph (20); and
(C) by inserting after paragraph (18) the following new paragraph:
`(19) compensation shall not be denied where an individual is separated
from employment due to circumstances resulting from the individual's
experience of domestic violence, dating violence, sexual assault, or
stalking, nor shall States impose additional conditions that restrict
the individual's eligibility for or receipt of benefits beyond those
required of other individuals who are forced to leave their jobs or
are deemed to have good cause for voluntarily separating from a job
in the State; and'; and
(2) by adding at the end the following new subsection:
`(g) Construction- For purposes of subsection (a)(19)--
`(1) DOCUMENTATION- In determining eligibility for compensation due
to circumstances resulting from an individual's experience of domestic
violence, dating violence, sexual assault, or stalking--
`(A) States shall adopt, or have adopted, by statute, regulation,
or policy a list of forms of documentation that may be presented to
demonstrate eligibility; and
`(B) presentation of any one of such forms of documentation shall
be sufficient to demonstrate eligibility, except that a State may
require the presentation of a form of identification in addition to
the written statement of claimant described in paragraph (2)(G).
`(2) LIST OF FORMS OF DOCUMENTATION- The list referred to in paragraph
(1)(A) shall include not less than 3 of the following forms of documentation:
`(A) An order of protection or other documentation issued by a court.
`(B) A police report or criminal charges documenting the domestic
violence, dating violence, sexual assault, or stalking.
`(C) Documentation that the perpetrator has been convicted of the
offense of domestic violence, dating violence, sexual assault, or
stalking.
`(D) Medical documentation of the domestic violence, dating violence,
sexual assault, or stalking.
`(E) Evidence of domestic violence, dating violence, sexual assault,
or stalking from a counselor, social worker, health worker, or domestic
violence shelter worker.
`(F) A written statement that the applicant or the applicant's minor
child is a victim of domestic violence, dating violence, sexual assault,
or stalking, provided by a social worker, member of the clergy, shelter
worker, attorney at law, or other professional who has assisted the
applicant in dealing with the domestic violence, dating violence,
sexual assault, or stalking.
`(G) A written statement of the claimant.
`(3) DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
DEFINED- The terms `domestic violence', `dating violence', `sexual assault',
and `stalking' have the meanings given such terms in section 3 of the
Security and Financial Empowerment Act.'.
(b) Unemployment Compensation Personnel Training- Section 303(a) of the
Social Security Act (42 U.S.C. 503(a)) is amended--
(1) by redesignating paragraphs (4) through (10) as paragraphs (5) through
(11), respectively; and
(2) by inserting after paragraph (3) the following new paragraph:
`(4) Such methods of administration as will ensure that--
`(A) applicants for unemployment compensation and individuals inquiring
about such compensation are adequately notified of the provisions
of subsections (a)(19) and (g) of section 3304 of the Internal Revenue
Code of 1986 (relating to the availability of unemployment compensation
for victims of domestic violence, dating violence, sexual assault,
or stalking); and
`(B) claims reviewers and hearing personnel are adequately trained
in--
`(i) the nature and dynamics of domestic violence, dating violence,
sexual assault, or stalking (as such terms are defined in section
3 of the Security and Financial Empowerment Act); and
`(ii) methods of ascertaining and keeping confidential information
about possible experiences of domestic violence, dating violence,
sexual assault, or stalking (as so defined) to ensure that--
`(I) requests for unemployment compensation based on separations
stemming from domestic violence, dating violence, sexual assault,
or stalking (as so defined) are reliably screened, identified,
and adjudicated; and
`(II) full confidentiality is provided for the individual's claim
and submitted evidence; and'.
(c) TANF Personnel Training- Section 402(a) of the Social Security Act
(42 U.S.C. 602(a)) is amended by adding at the end the following new paragraph:
`(8) CERTIFICATION THAT THE STATE WILL PROVIDE INFORMATION TO VICTIMS
OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING-
A certification by the chief officer of the State that the State has
established and is enforcing standards and procedures to--
`(A) ensure that applicants for assistance under the program and individuals
inquiring about such assistance are adequately notified of--
`(i) the provisions of subsections (a)(19) and (g) of section 3304
of the Internal Revenue Code of 1986 (relating to the availability
of unemployment compensation for victims of domestic violence, dating
violence, sexual assault, or stalking); and
`(ii) assistance made available by the State to victims of domestic
violence, dating violence, sexual assault, or stalking (as such
terms are defined in section 3 of the Unemployment for Survivors
Act of 2007);
`(B) ensure that case workers and other agency personnel responsible
for administering the State program funded under this part are adequately
trained in--
`(i) the nature and dynamics of domestic violence, dating violence,
sexual assault, or stalking (as so defined);
`(ii) State standards and procedures relating to the prevention
of, and assistance for individuals who experience, domestic violence,
dating violence, sexual assault, or stalking (as so defined); and
`(iii) methods of ascertaining and keeping confidential information
about possible experiences of domestic violence, dating violence,
sexual assault, or stalking (as so defined);
`(C) if a State has elected to establish and enforce standards and
procedures regarding the screening for and identification of domestic
violence pursuant to paragraph (7), ensure that--
`(i) applicants for assistance under the program and individuals
inquiring about such assistance are adequately notified of options
available under such standards and procedures; and
`(ii) case workers and other agency personnel responsible for administering
the State program funded under this part are provided with adequate
training regarding such standards and procedures and options available
under such standards and procedures; and
`(D) ensure that the training required under subparagraphs (B) and,
if applicable, (C)(ii) is provided through a training program operated
by an eligible entity (as defined in section 202(d)(2) of the Unemployment
for Survivors Act of 2007).'.
(d) Domestic Violence, Dating Violence, Sexual Assault, or Stalking Training
Grant Program-
(1) GRANTS AUTHORIZED- The Secretary of Health and Human Services (in
this subsection referred to as the `Secretary') is authorized to award--
(A) a grant to a national victim services organization in order for
such organization to--
(i) develop and disseminate a model training program (and related
materials) for the training required under section 303(a)(4)(B)
of the Social Security Act, as added by subsection (b), and under
subparagraphs (B) and, if applicable, (C)(ii) of section 402(a)(8)
of the such Act, as added by subsection (c); and
(ii) provide technical assistance with respect to such model training
program; and
(B) grants to State, tribal, or local agencies in order for such agencies
to contract with eligible entities to provide State, tribal, or local
case workers and other State, tribal, or local agency personnel responsible
for administering the temporary assistance to needy families program
established under part A of title IV of the Social Security Act in
a State or Indian reservation with the training required under subparagraphs
(B) and, if applicable, (C)(ii) of such section 402(a)(8).
(2) ELIGIBLE ENTITY DEFINED- For purposes of paragraph (1)(B), the term
`eligible entity' means an entity--
(i) a domestic violence coalition or sexual assault coalition;
(ii) a victim services organization with recognized expertise in
the dynamics of domestic violence, dating violence, sexual assault,
or stalking whose primary mission is to provide services to victims
of domestic violence, dating violence, sexual assault, or stalking,
such as a rape crisis center or domestic violence program; or
(iii) an organization with demonstrated expertise in State or county
welfare laws and implementation of such laws and experience with
disseminating information on such laws and implementation, but only
if such organization will provide the required training in partnership
with an entity described in clause (i) or (ii); and
(i) has demonstrated expertise in both domestic violence and sexual
assault, such as a joint domestic violence and sexual assault coalition;
or
(ii) will provide the required training in partnership with an entity
described in clause (i) or (ii) of subparagraph (A) in order to
comply with the dual domestic violence and sexual assault expertise
requirement under clause (i).
(3) APPLICATION- An entity seeking a grant under this subsection shall
submit an application to the Secretary at such time, in such form and
manner, and containing such information as the Secretary specifies.
(A) REPORTS TO CONGRESS- The Secretary shall annually submit a report
to Congress on the grant program established under this subsection.
(B) REPORTS AVAILABLE TO PUBLIC- The Secretary shall establish procedures
for the dissemination to the public of each report submitted under
subparagraph (A). Such procedures shall include the use of the Internet
to disseminate such reports.
(5) AUTHORIZATION OF APPROPRIATIONS-
(A) AUTHORIZATION- There are authorized to be appropriated--
(i) $1,000,000 for fiscal year 2008 to carry out the provisions
of paragraph (1)(A); and
(ii) $12,000,000 for each of fiscal years 2009 through 2011 to carry
out the provisions of paragraph (1)(B).
(B) THREE-YEAR AVAILABILITY OF GRANT FUNDS- Each recipient of a grant
under this subsection shall return to the Secretary any unused portion
of such grant not later than 3 years after the date the grant was
awarded, together with any earnings on such unused portion.
(C) AMOUNTS RETURNED- Any amounts returned pursuant to subparagraph
(B) shall be available without further appropriation to the Secretary
for the purpose of carrying out the provisions of paragraph (1)(B).
(e) Effect on Existing Laws, etc-
(1) MORE PROTECTIVE LAWS, AGREEMENTS, PROGRAMS, AND PLANS- Nothing in
this Act shall be construed to supersede any provision of any Federal,
State, or local law, collective bargaining agreement, or employment
benefits program or plan that provides greater unemployment insurance
benefits for victims of domestic violence, dating violence, sexual assault,
or stalking than the rights established under this Act.
(2) LESS PROTECTIVE LAWS, AGREEMENTS, PROGRAMS, AND PLANS- The rights
established for victims of domestic violence, dating violence, sexual
assault, or stalking under this Act shall not be diminished by any more
restrictive State or local law, collective bargaining agreement, or
employment benefits program or plan.
(1) IN GENERAL- Except as provided in paragraphs (2) and (3), the amendments
made by this section shall take effect 180 days after the date of enactment
of this Act.
(2) AMENDMENTS RELATING TO UNEMPLOYMENT COMPENSATION-
(A) IN GENERAL- If the Secretary of Labor finds that legislation is
necessary in order for the unemployment compensation law of a State
to comply with the amendments made by subsection (a) or paragraph
(1) or (2) of subsection (b), then the amendments made by such subsection
or paragraph (1) or (2) (as the case may be) shall not apply with
respect to such law until the later of--
(i) 180 days after the date of enactment of this Act; or
(I) the effective date of any legislation which is necessary in
order to bring such law into compliance with the amendments made
by such subsection or paragraph (1) or (2) (as the case may be);
or
(II) the first day of the first calendar quarter beginning after
the day after the close of the first regular session of the State
legislature that begins after the date of enactment of this Act
or that began prior to such date of enactment and remains in session
for at least 25 calendar days after such date of enactment.
(B) SESSION DEFINED- For purposes of subparagraph (A)(ii), in the
case of a State that has a 2-year legislative session, each year of
the session is considered to be a separate regular session of the
State legislature.
(A) IN GENERAL- Except as provided in subparagraph (B), the amendment
made by subsection (c) shall take effect on the date of enactment
of this Act.
(B) EXTENSION OF EFFECTIVE DATE FOR STATE LAW AMENDMENT- In the case
of a State plan under part A of title IV of the Social Security Act
which the Secretary of Health and Human Services determines requires
State legislation in order for the plan to meet the additional requirements
imposed by the amendment made by subsection (c) of this section, the
State plan shall not be regarded as failing to comply with the requirements
of the amendment on the basis of the failure of the State to meet
the additional requirements before the 1st day of the 1st calendar
quarter that--
(i) begins after the date of the enactment of this Act; and
(ii) is covered by a plan submitted by the State pursuant to section
402(a) of the Social Security Act.
END
