Sec. 401. Unemployment compensation and training provisions
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Section 3304 of the Internal Revenue Code of 1986 (relating to approval of State unemployment compensation laws) is amended— in subsection (a)— in paragraph (18), by striking and at the end; by redesignating paragraph
(19)as paragraph (20); and by inserting after paragraph
(18)the following new paragraph: compensation shall not be denied where an individual is separated from employment due to circumstances resulting from the individual being a survivor 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 by adding at the end the following new subsection: For purposes of subsection (a)(19)— In determining eligibility for compensation due to circumstances resulting from an individual being a survivor of domestic violence, dating violence, sexual assault, or stalking— 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 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 sworn statement of applicant described in paragraph (2)(A). The list referred to in paragraph (1)(A) shall, at a minimum, include the following forms of documentation: A sworn statement of the applicant. A police or court record concerning the applicant. Documentation from an employee or volunteer working for 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, affirming that the applicant is a survivor of domestic violence, dating violence, sexual assault, or stalking. The terms domestic violence , dating violence , sexual assault , stalking , survivor of domestic violence, dating violence, sexual assault, or stalking , and survivor services organization have the meanings given such terms in section 201 of the Security And Financial Empowerment Act of 2019 . . 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 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 survivors of domestic violence, dating violence, sexual assault, or stalking); and claims reviewers and hearing personnel are adequately trained in— the nature and dynamics of domestic violence, dating violence, sexual assault, or stalking (as such terms are defined in section 201 of the Security And Financial Empowerment Act of 2019 ); and 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— 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 full confidentiality is provided for the individual’s claim and submitted evidence; and . 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 officer of the State that the State has established and is enforcing standards and procedures to— ensure that applicants for assistance under the program and individuals inquiring about such assistance 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 survivors of domestic violence, dating violence, sexual assault, or stalking); and assistance made available by the State to survivors of domestic violence, dating violence, sexual assault, or stalking (as defined in section 201 of the Security And Financial Empowerment Act of 2019 ); 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 domestic violence, dating violence, sexual assault, or stalking (as such terms are defined in section 201 of the Security And Financial Empowerment Act of 2019 ); State standards and procedures relating to the prevention of, and assistance for individuals who are survivors of, domestic violence, dating violence, sexual assault, or stalking (as so defined); and methods of ascertaining and keeping confidential information about possible experiences of domestic violence, dating violence, sexual assault, or stalking (as so defined); 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— applicants for assistance under the program 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 (as defined in section 401(d)(2) of the Security And Financial Empowerment Act of 2019 ). . 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 subparagraphs
(B)and, if applicable, (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; and 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). 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, such as 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. The Secretary shall annually submit a report to Congress 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 2021 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 domestic violence, dating violence, sexual assault, or stalking than the rights established under this title. The rights established for survivors of domestic violence, dating violence, sexual assault, or stalking under this title shall not be diminished by any more restrictive State or local law, collective bargaining agreement, or employment benefits program or plan. 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. If 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 (excluding the amendment made by subsection (c)), 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 domestic violence , dating violence , sexual assault , stalking , survivor of domestic violence, dating violence, sexual assault, or stalking , and survivor services organization have the meanings given such terms in section 201.
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