Sec. 703. Entitlement to unemployment compensation for victims of sexual and other harassment and survivors of domestic violence, dating violence, sexual assault, or stalking
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Section 3304(a) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (18), by redesignating paragraph
(19)as paragraph (20), and by inserting after paragraph
(18)the following new paragraphs: no person may be denied compensation under such State law solely on the basis of the individual having a voluntary separation from work if such separation is attributable to such individual being a victim of sexual or other harassment or a survivor of domestic violence, dating violence, sexual assault, or stalking; and . Section 3304 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: For purposes of subsection (a)(19), a voluntary separation of an individual shall be considered to be attributable to such individual being a survivor of victim of sexual or other harassment or a survivor of domestic violence, dating violence, sexual assault, or stalking if such individual submits such evidence as the State deems sufficient. For purposes of paragraph (1), a State shall deem sufficient, at a minimum— evidence of such harassment, violence, assault, or stalking in the form of— a sworn statement and a form of identification, a police or court record, or documentation from a survivor services organization, an attorney, a police officer, a medical professional, a social worker, an antiviolence counselor, a member of the clergy, or another professional, and an attestation that such voluntary separation is attributable to such harassment, violence, assault, or stalking. For purposes of this section— The terms domestic violence , dating violence , sexual assault , and stalking have the meanings given such terms in section 40002 of the Violence Against Women Act of 1994. The term survivor of domestic violence, dating violence, sexual assault, or stalking has the meaning given such term in section 41502 of the Violence Against Women Act of 1994. The term survivor services organization means an organization exempt from tax under section 501(a) that provides assistance to or advocates for survivors of domestic violence, dating violence, sexual assault, or stalking. . Section 303(a) of the Social Security Act ( 42 U.S.C. 503(a) ) is amended— by redesignating paragraphs
(4)through
(12)as paragraphs
(5)through (13), respectively; and by inserting after paragraph
(3)the following new paragraph: Such methods of administration as will ensure that— applicants for unemployment compensation and individuals inquiring about such compensation are notified of the provisions of section 3304(a)(19) of the Internal Revenue Code of 1986; and claims reviewers and hearing personnel are trained in— the nature and dynamics of sexual and other harassment, domestic violence, dating violence, sexual assault, or stalking; and methods of ascertaining and keeping confidential information about possible experiences of sexual and other harassment, domestic violence, dating violence, sexual assault, or stalking to ensure that— requests for unemployment compensation based on separations stemming from sexual and other harassment, domestic violence, dating violence, sexual assault, or stalking are identified and adjudicated; and confidentiality is provided for the individual’s claim and submitted evidence. For purposes of this paragraph— the terms domestic violence , dating violence , sexual assault , and stalking have the meanings given such terms in section 40002 of the Violence Against Women Act of 1994; the term sexual and other harassment has the meaning given such term under State law, regulation, or policy; and the term survivor of domestic violence, dating violence, sexual assault, or stalking means— a person who has experienced or is experiencing domestic violence, dating violence, sexual assault, or stalking; and a person whose family or household member has experienced or is experiencing domestic violence, dating violence, sexual assault, or stalking. . 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: A certification by the chief executive officer of the State that the State has established and is enforcing standards and procedures to— ensure that applicants for assistance under State program funded under this part and individuals inquiring about such assistance are adequately notified of— the provisions of section 3304(a)(19) of the Internal Revenue Code of 1986; and assistance made available by the State to survivors of sexual and other harassment, domestic violence, dating violence, sexual assault, or stalking; ensure that case workers and other agency personnel responsible for administering the State program funded under this part are adequately trained in— the nature and dynamics of sexual and other harassment, domestic violence, dating violence, sexual assault, or stalking; State standards and procedures relating to the prevention of, and assistance for individuals who are survivors of sexual and other harassment, domestic violence, dating violence, sexual assault, or stalking; and methods of ascertaining and keeping confidential information about possible experiences of sexual and other harassment, domestic violence, dating violence, sexual assault, or stalking; ensure that, 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)— applicants for assistance under the State program funded under this part and individuals inquiring about such assistance are adequately notified of options available under such standards and procedures; and 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 ensure that the training required under subparagraphs
(B)and, if applicable, (C)(ii) is provided through a training program operated by an eligible entity. For purposes of this paragraph— the terms domestic violence , dating violence , sexual assault , and stalking have the meanings given such terms in section 40002 of the Violence Against Women Act of 1994; the term sexual and other harassment has the meaning given such term under State law, regulation, or policy; and the term survivor of domestic violence, dating violence, sexual assault, or stalking means— a person who has experienced or is experiencing domestic violence, dating violence, sexual assault, or stalking; and a person whose family or household member has experienced or is experiencing domestic violence, dating violence, sexual assault, or stalking. . The Secretary of Labor (in this subsection referred to as the Secretary ) is authorized to award— a grant to a national survivor services organization in order for such organization to— 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 subparagraph
(B)and, if applicable, subparagraph (C)(ii) of section 402(a)(8) of such Act, as added by subsection (c); and provide technical assistance with respect to such model training program, including technical assistance to the temporary assistance for needy families program and unemployment compensation personnel; and grants to State, tribal, or local agencies in order for such agencies to contract with eligible entities to provide State, tribal, or local caseworkers and other State, tribal, or local agency personnel responsible for administering the temporary assistance for 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 subparagraph
(B)and, if applicable, subparagraph (C)(ii) of such section 402(a)(8). For purposes of paragraph (1)(B), the term eligible entity means an entity— that is— a State or tribal domestic violence coalition or sexual assault coalition; a State or local survivor 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 survivors of domestic violence, dating violence, sexual assault, or stalking, including a rape crisis center or domestic violence program; or 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 that— has demonstrated expertise in the dynamics of both domestic violence and sexual assault, such as a joint domestic violence and sexual assault coalition; or 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). 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. Not later than a year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the grant program established under this subsection. 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. There are authorized to be appropriated— $1,000,000 for fiscal year 2020 to carry out the provisions of paragraph (1)(A); and $12,000,000 for each of fiscal years 2020 through 2024 to carry out the provisions of paragraph (1)(B). 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. 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). 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 greater unemployment insurance benefits for survivors of sexual and other harassment, domestic violence, dating violence, sexual assault, or stalking than the rights established under this title. Any law, collective bargaining agreement, or employment benefits program or plan of a State or unit of local government is preempted to the extent that such law, agreement, or program or plan would impair the exercise of any right established under this title or the amendments made by this title. 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-day period beginning on the date of enactment of this Act. Except as provided in paragraph (2), in a case in which the Secretary of Labor identifies a State as requiring a change to its statutes, regulations, or policies in order to comply with the amendments made by this section, such amendments shall apply in the case of compensation paid for weeks beginning after the earlier of— the date the State changes its statutes, regulations, or policies in order to comply with such amendments; or 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. In this subparagraph, the term session means a regular, special, budget, or other session of a State legislature. Except as provided in subparagraph (B), the amendment made by subsection
(c)shall take effect on the date of enactment of this Act. 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 action (including legislation, regulation, or other administrative action) 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 two-year legislative session, each year of the session is considered to be a separate regular session of the State legislature. In this section, the terms sexual and other harassment , domestic violence , dating violence , sexual assault , stalking , survivor of sexual and other harassment, domestic violence, dating violence, sexual assault, or stalking , and survivor services organization have the meanings given such terms in section 3304(g) of the Internal Revenue Code of 1986.
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Sec. 703
Entitlement to unemployment compensation for victims of sexual and other harassment and survivors of domestic violence, dating violence, sexual assault, or stalking
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