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).

      (6) EMPLOYEE-

        (A) IN GENERAL- The term `employee' means any person employed by an employer. In the case of an individual employed by a public agency, such term means an individual employed as described in section 3(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)(2)).

        (B) BASIS- The term includes a person employed as described in subparagraph (A) on a full- or part-time basis, for a fixed time period, on a temporary basis, pursuant to a detail, or as a participant in a work assignment as a condition of receipt of Federal or State income-based public assistance.

      (7) EMPLOYER- The term `employer'--

        (A) means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more individuals; and

        (B) includes any person acting directly or indirectly in the interest of an employer in relation to an employee, and includes a public agency that employs individuals as described in section 3(e)(2) of the Fair Labor Standards Act of 1938, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization.

      (8) EMPLOYMENT BENEFITS- The term `employment benefits' means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an `employee benefit plan', as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)).

      (9) PARENT; SON OR DAUGHTER- The terms `parent' and `son or daughter' have the meanings given the terms in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611).

      (10) PERSON- The term `person' has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).

      (11) SEXUAL ASSAULT- The term `sexual assault' has the meaning given the term in section 40002 of the Violence Against Women Act of 1994 (42 U.S.C. 13925).

      (12) SEXUAL ASSAULT COALITION- The term `sexual assault coalition' means a nonprofit, nongovernmental membership organization that--

        (A) consists of the entities carrying out a majority of the sexual assault programs carried out within a State;

        (B) collaborates and coordinates activities with Federal, State, and local entities to further the purposes of sexual assault intervention and prevention; and

        (C) among other activities, provides training and technical assistance to entities carrying out sexual assault programs within a State, territory, political subdivision, or area under Federal authority.

      (13) STALKING- The term `stalking' has the meaning given the term in section 40002 of the Violence Against Women Act of 1994 (42 U.S.C. 13925).

      (14) VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING- The term `victim of domestic violence, dating violence, sexual assault, or stalking' includes a person who has been a victim of domestic violence, dating violence, sexual assault, or stalking and a person whose family or household member has been a victim of domestic violence, dating violence, sexual assault, or stalking.

      (15) VICTIM SERVICES ORGANIZATION- The term `victim services organization' means a nonprofit, nongovernmental organization that provides assistance to victims of domestic violence, dating violence, sexual assault, or stalking, or to advocates for such victims, including a rape crisis center, an organization carrying out a domestic violence program, an organization operating a shelter or providing counseling services, or an organization providing assistance through the legal process.

SEC. 3. PURPOSES.

    The purposes of this Act are, pursuant to the affirmative power of Congress to enact legislation under the portions of section 8 of article I of the Constitution relating to laying and collecting taxes, providing for the general welfare, and regulation of commerce among the several States, and under section 5 of the 14th amendment to the Constitution--

      (1) to promote the national interest in reducing domestic violence, dating violence, sexual assault, and stalking by enabling victims of domestic violence, dating violence, sexual assault, or stalking to maintain the financial independence necessary to leave abusive situations, achieve safety, and minimize the physical and emotional injuries from domestic violence, dating violence, sexual assault, or stalking, and to reduce the devastating economic consequences of domestic violence, dating violence, sexual assault, or stalking to employers and employees;

      (2) to promote the national interest in ensuring that victims of domestic violence, dating violence, sexual assault, or stalking can recover from and cope with the effects of such victimization and participate in the criminal and civil justice processes without fear of adverse economic consequences;

      (3) to minimize the negative impact on interstate commerce from dislocations of employees and harmful effects on productivity, loss of employment, health care costs, and employer costs, caused by domestic violence, dating violence, sexual assault, or stalking, including intentional efforts to frustrate the ability of women to participate in employment and interstate commerce;

      (4) to promote the purposes of the 14th amendment to the Constitution by preventing sex-based discrimination and discrimination against victims of domestic violence, dating violence, sexual assault, or stalking in unemployment insurance, by addressing the failure of existing laws to protect the employment rights of victims of domestic violence, dating violence, sexual assault, or stalking, by protecting their civil and economic rights, and by furthering the equal opportunity of women for economic self-sufficiency and employment free from discrimination; and

      (5) to accomplish the purposes described in paragraphs (1) through (4) by providing unemployment insurance to those who are separated from their employment as a result of domestic violence, dating violence, sexual assault, or stalking, in a manner that accommodates the legitimate interests of employers and protects the safety of all persons in the workplace.

SEC. 4. UNEMPLOYMENT COMPENSATION AND TRAINING PROVISIONS.

    (a) Unemployment Compensation- Section 3304 of the Internal Revenue Code of 1986 (relating to approval of State unemployment compensation laws) is amended--

      (1) in subsection (a)--

        (A) in paragraph (18), by striking `and' at the end;

        (B) by redesignating paragraph (19) as paragraph (20); and

        (C) by inserting after paragraph (18) the following new paragraph:

      `(19) compensation shall not be denied where an individual is separated from employment due to circumstances resulting from the individual's experience of domestic violence, dating violence, sexual assault, or stalking, nor shall States impose additional conditions that restrict the individual's eligibility for or receipt of benefits beyond those required of other individuals who are forced to leave their jobs or are deemed to have good cause for voluntarily separating from a job in the State; and'; and

      (2) by adding at the end the following new subsection:

    `(g) Construction- For purposes of subsection (a)(19)--

      `(1) DOCUMENTATION- In determining eligibility for compensation due to circumstances resulting from an individual's experience of domestic violence, dating violence, sexual assault, or stalking--

        `(A) States shall adopt, or have adopted, by statute, regulation, or policy a list of forms of documentation that may be presented to demonstrate eligibility; and

        `(B) presentation of any one of such forms of documentation shall be sufficient to demonstrate eligibility, except that a State may require the presentation of a form of identification in addition to the written statement of claimant described in paragraph (2)(G).

      `(2) LIST OF FORMS OF DOCUMENTATION- The list referred to in paragraph (1)(A) shall include not less than 3 of the following forms of documentation:

        `(A) An order of protection or other documentation issued by a court.

        `(B) A police report or criminal charges documenting the domestic violence, dating violence, sexual assault, or stalking.

        `(C) Documentation that the perpetrator has been convicted of the offense of domestic violence, dating violence, sexual assault, or stalking.

        `(D) Medical documentation of the domestic violence, dating violence, sexual assault, or stalking.

        `(E) Evidence of domestic violence, dating violence, sexual assault, or stalking from a counselor, social worker, health worker, or domestic violence shelter worker.

        `(F) A written statement that the applicant or the applicant's minor child is a victim of domestic violence, dating violence, sexual assault, or stalking, provided by a social worker, member of the clergy, shelter worker, attorney at law, or other professional who has assisted the applicant in dealing with the domestic violence, dating violence, sexual assault, or stalking.

        `(G) A written statement of the claimant.

      `(3) DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING DEFINED- The terms `domestic violence', `dating violence', `sexual assault', and `stalking' have the meanings given such terms in section 3 of the Security and Financial Empowerment Act.'.

    (b) Unemployment Compensation Personnel Training- Section 303(a) of the Social Security Act (42 U.S.C. 503(a)) is amended--

      (1) by redesignating paragraphs (4) through (10) as paragraphs (5) through (11), respectively; and

      (2) by inserting after paragraph (3) the following new paragraph:

      `(4) Such methods of administration as will ensure that--

        `(A) applicants for unemployment compensation and individuals inquiring about such compensation are adequately notified of the provisions of subsections (a)(19) and (g) of section 3304 of the Internal Revenue Code of 1986 (relating to the availability of unemployment compensation for victims of domestic violence, dating violence, sexual assault, or stalking); and

        `(B) claims reviewers and hearing personnel are adequately trained in--

          `(i) the nature and dynamics of domestic violence, dating violence, sexual assault, or stalking (as such terms are defined in section 3 of the Security and Financial Empowerment Act); and

          `(ii) methods of ascertaining and keeping confidential information about possible experiences of domestic violence, dating violence, sexual assault, or stalking (as so defined) to ensure that--

            `(I) requests for unemployment compensation based on separations stemming from domestic violence, dating violence, sexual assault, or stalking (as so defined) are reliably screened, identified, and adjudicated; and

            `(II) full confidentiality is provided for the individual's claim and submitted evidence; and'.

    (c) TANF Personnel Training- Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended by adding at the end the following new paragraph:

      `(8) CERTIFICATION THAT THE STATE WILL PROVIDE INFORMATION TO VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING- A certification by the chief officer of the State that the State has established and is enforcing standards and procedures to--

        `(A) ensure that applicants for assistance under the program and individuals inquiring about such assistance are adequately notified of--

          `(i) the provisions of subsections (a)(19) and (g) of section 3304 of the Internal Revenue Code of 1986 (relating to the availability of unemployment compensation for victims of domestic violence, dating violence, sexual assault, or stalking); and

          `(ii) assistance made available by the State to victims of domestic violence, dating violence, sexual assault, or stalking (as such terms are defined in section 3 of the Unemployment for Survivors Act of 2007);

        `(B) ensure that case workers and other agency personnel responsible for administering the State program funded under this part are adequately trained in--

          `(i) the nature and dynamics of domestic violence, dating violence, sexual assault, or stalking (as so defined);

          `(ii) State standards and procedures relating to the prevention of, and assistance for individuals who experience, domestic violence, dating violence, sexual assault, or stalking (as so defined); and

          `(iii) methods of ascertaining and keeping confidential information about possible experiences of domestic violence, dating violence, sexual assault, or stalking (as so defined);

        `(C) if a State has elected to establish and enforce standards and procedures regarding the screening for and identification of domestic violence pursuant to paragraph (7), ensure that--

          `(i) applicants for assistance under the program and individuals inquiring about such assistance are adequately notified of options available under such standards and procedures; and

          `(ii) case workers and other agency personnel responsible for administering the State program funded under this part are provided with adequate training regarding such standards and procedures and options available under such standards and procedures; and

        `(D) ensure that the training required under subparagraphs (B) and, if applicable, (C)(ii) is provided through a training program operated by an eligible entity (as defined in section 202(d)(2) of the Unemployment for Survivors Act of 2007).'.

    (d) Domestic Violence, Dating Violence, Sexual Assault, or Stalking Training Grant Program-

      (1) GRANTS AUTHORIZED- The Secretary of Health and Human Services (in this subsection referred to as the `Secretary') is authorized to award--

        (A) a grant to a national victim services organization in order for such organization to--

          (i) develop and disseminate a model training program (and related materials) for the training required under section 303(a)(4)(B) of the Social Security Act, as added by subsection (b), and under subparagraphs (B) and, if applicable, (C)(ii) of section 402(a)(8) of the such Act, as added by subsection (c); and

          (ii) provide technical assistance with respect to such model training program; and

        (B) grants to State, tribal, or local agencies in order for such agencies to contract with eligible entities to provide State, tribal, or local case workers and other State, tribal, or local agency personnel responsible for administering the temporary assistance to needy families program established under part A of title IV of the Social Security Act in a State or Indian reservation with the training required under subparagraphs (B) and, if applicable, (C)(ii) of such section 402(a)(8).

      (2) ELIGIBLE ENTITY DEFINED- For purposes of paragraph (1)(B), the term `eligible entity' means an entity--

        (A) that is--

          (i) a domestic violence coalition or sexual assault coalition;

          (ii) a victim services organization with recognized expertise in the dynamics of domestic violence, dating violence, sexual assault, or stalking whose primary mission is to provide services to victims of domestic violence, dating violence, sexual assault, or stalking, such as a rape crisis center or domestic violence program; or

          (iii) an organization with demonstrated expertise in State or county welfare laws and implementation of such laws and experience with disseminating information on such laws and implementation, but only if such organization will provide the required training in partnership with an entity described in clause (i) or (ii); and

        (B) that--

          (i) has demonstrated expertise in both domestic violence and sexual assault, such as a joint domestic violence and sexual assault coalition; or

          (ii) will provide the required training in partnership with an entity described in clause (i) or (ii) of subparagraph (A) in order to comply with the dual domestic violence and sexual assault expertise requirement under clause (i).

      (3) APPLICATION- An entity seeking a grant under this subsection shall submit an application to the Secretary at such time, in such form and manner, and containing such information as the Secretary specifies.

      (4) REPORTS-

        (A) REPORTS TO CONGRESS- The Secretary shall annually submit a report to Congress on the grant program established under this subsection.

        (B) REPORTS AVAILABLE TO PUBLIC- The Secretary shall establish procedures for the dissemination to the public of each report submitted under subparagraph (A). Such procedures shall include the use of the Internet to disseminate such reports.

      (5) AUTHORIZATION OF APPROPRIATIONS-

        (A) AUTHORIZATION- There are authorized to be appropriated--

          (i) $1,000,000 for fiscal year 2008 to carry out the provisions of paragraph (1)(A); and

          (ii) $12,000,000 for each of fiscal years 2009 through 2011 to carry out the provisions of paragraph (1)(B).

        (B) THREE-YEAR AVAILABILITY OF GRANT FUNDS- Each recipient of a grant under this subsection shall return to the Secretary any unused portion of such grant not later than 3 years after the date the grant was awarded, together with any earnings on such unused portion.

        (C) AMOUNTS RETURNED- Any amounts returned pursuant to subparagraph (B) shall be available without further appropriation to the Secretary for the purpose of carrying out the provisions of paragraph (1)(B).

    (e) Effect on Existing Laws, etc-

      (1) MORE PROTECTIVE LAWS, AGREEMENTS, PROGRAMS, AND PLANS- Nothing in this Act shall be construed to supersede any provision of any Federal, State, or local law, collective bargaining agreement, or employment benefits program or plan that provides greater unemployment insurance benefits for victims of domestic violence, dating violence, sexual assault, or stalking than the rights established under this Act.

      (2) LESS PROTECTIVE LAWS, AGREEMENTS, PROGRAMS, AND PLANS- The rights established for victims of domestic violence, dating violence, sexual assault, or stalking under this Act shall not be diminished by any more restrictive State or local law, collective bargaining agreement, or employment benefits program or plan.

    (f) Effective Dates-

      (1) IN GENERAL- Except as provided in paragraphs (2) and (3), the amendments made by this section shall take effect 180 days after the date of enactment of this Act.

      (2) AMENDMENTS RELATING TO UNEMPLOYMENT COMPENSATION-

        (A) IN GENERAL- If the Secretary of Labor finds that legislation is necessary in order for the unemployment compensation law of a State to comply with the amendments made by subsection (a) or paragraph (1) or (2) of subsection (b), then the amendments made by such subsection or paragraph (1) or (2) (as the case may be) shall not apply with respect to such law until the later of--

          (i) 180 days after the date of enactment of this Act; or

          (ii) the earlier of--

            (I) the effective date of any legislation which is necessary in order to bring such law into compliance with the amendments made by such subsection or paragraph (1) or (2) (as the case may be); or

            (II) the first day of the first calendar quarter beginning after the day after the close of the first regular session of the State legislature that begins after the date of enactment of this Act or that began prior to such date of enactment and remains in session for at least 25 calendar days after such date of enactment.

        (B) SESSION DEFINED- For purposes of subparagraph (A)(ii), in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature.

      (3) TANF AMENDMENT-

        (A) IN GENERAL- Except as provided in subparagraph (B), the amendment made by subsection (c) shall take effect on the date of enactment of this Act.

        (B) EXTENSION OF EFFECTIVE DATE FOR STATE LAW AMENDMENT- In the case of a State plan under part A of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendment made by subsection (c) of this section, the State plan shall not be regarded as failing to comply with the requirements of the amendment on the basis of the failure of the State to meet the additional requirements before the 1st day of the 1st calendar quarter that--

          (i) begins after the date of the enactment of this Act; and

          (ii) is covered by a plan submitted by the State pursuant to section 402(a) of the Social Security Act.

END