Sec. 703. Provisions related to Unemployment Compensation and the Temporary Assistance for Needy Families Program
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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 (21), and by inserting after paragraph
(18)the following new paragraph: 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 survivor of domestic violence; . Section 3304(a) of the Internal Revenue Code of 1986 is further amended by inserting after paragraph (19), as added by paragraph
(1)of this subsection, the following new paragraph: 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 harassment or a survivor of 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 paragraphs
(19)and
(20)of subsection (a), a voluntary separation of an individual shall be considered to be attributable to such individual being a victim of sexual harassment or a survivor of domestic 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— evidence of such sexual harassment, domestic violence, sexual assault, or stalking in the form of— a sworn statement and a form of identification; a police or court record; or documentation from a professional from whom such individual has sought assistance, including those associated with medical, legal, or religious professions; and an attestation that such voluntary separation is attributable to such sexual harassment, domestic violence, sexual assault, or stalking. For purposes of this section, the terms sexual harassment , domestic violence , sexual assault , stalking , victim of sexual harassment , and survivor of domestic violence, sexual assault, or stalking have the meanings given such terms under State law, regulation, or policy. . 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 and potential applicants for unemployment compensation are notified of the provisions of paragraphs
(19)and
(20)of section 3304(a) of the Internal Revenue Code of 1986; and claims reviewers and hearing personnel are trained in— the nature and dynamics of sexual harassment, domestic violence, sexual assault, and stalking; and methods of ascertaining and ensuring the confidentiality of personal information and documentation related to an individual’s claim about possible experiences of sexual harassment, domestic violence, sexual assault, or stalking. For purposes of this paragraph, the terms sexual harassment , domestic violence , sexual assault , and stalking have the meanings given such terms in section 3304(g) of the Internal Revenue Code of 1986. . 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 and potential applicants for assistance under the State program funded under this part are notified of assistance made available by the State to victims of sexual harassment and survivors of domestic violence; ensure that case workers and other agency personnel responsible for administering the State program funded under this part are trained in— the nature and dynamics of sexual harassment and domestic violence; State standards and procedures relating to the prevention of, and assistance for, individuals who are victims of sexual harassment or survivors of domestic violence; and methods of ascertaining and ensuring the confidentiality of personal information and documentation related to an individual’s claim about possible experiences of sexual harassment or domestic violence; and 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)— the State program funded under this part provides information about the options under this part to current and potential beneficiaries; and case workers and other agency personnel responsible for administering the State program funded under this part are provided with training regarding State standards and procedures pursuant to paragraph (7). For purposes of this paragraph— the term sexual harassment has the meaning given such term under State law, regulation, or policy; and the term domestic violence has the meaning given such term in section 402(a)(7). . The Secretary of Labor (in this subsection referred to as the Secretary ) is authorized to award a grant to a national victim service provider 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)(A)(ii) of the Social Security Act, as added by subsection (b); and provide technical assistance with respect to such model training program to unemployment compensation personnel. 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 5 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the program established under this subsection. The Secretary shall establish procedures for the dissemination to the public of the report submitted under subparagraph
(A)not later than 10 days after the submission of such report to Congress under such subparagraph. Such procedures shall include the use of the internet to disseminate such report. There are authorized to be appropriated— $1,000,000 for fiscal year 2022 to carry out the provisions of paragraph (1)(A); and $8,000,000 for each of fiscal years 2022 through 2026 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). The Secretary of Health and Human Services (in this subsection referred to as the Secretary ) shall— develop and disseminate a model training program (and related materials) for the training required under 402(a)(8) of the Social Security Act, and if the State so elects, section 402(a)(7) of such Act; and provide technical assistance with respect to such model training program to eligible States (as defined in section 402 of the Social Security Act). In developing the model training program under subparagraph (A), the Secretary may award grants and contracts and may develop such program in cooperation with an eligible partner. For purposes of paragraph (1), the term eligible partner means an entity that is— a State or tribal domestic violence coalition or sexual assault coalition; or a State or local victim service provider with recognized expertise in the dynamics of domestic violence, sexual assault, or stalking whose primary mission is to provide services to survivors of domestic violence, sexual assault, or stalking, including a rape crisis center or domestic violence program. Not later than 5 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the program established under this subsection. The Secretary shall establish procedures for the dissemination to the public of the report submitted under subparagraph
(A)not later than 10 days after the submission of such report to Congress under such subparagraph. Such procedures shall include the use of the internet to disseminate such report. There are authorized to be appropriated— $1,000,000 for fiscal year 2022 to carry out the provisions of paragraph (1)(A); and $5,000,000 for each of fiscal years 2022 through 2026 to carry out the provisions of paragraph (1)(B). Not later than 90 days after the date of enactment of this Act, the Secretary of Labor shall issue guidance describing the requirements States must satisfy to conform to the amendments made by subsections
(a)and (b). Not later than 30 days after the issuance of guidance under clause (i), the Secretary of Labor shall issue a request for the transmittal of information from States relating to the laws, regulations, and policies each State identifies to satisfy such requirements. Not later than 120 days after the issuance of the request under clause (ii), each State which has an unemployment compensation law approved by the Secretary of Labor under the Federal Unemployment Tax Act shall submit to the Secretary the laws, regulations, and policies identified pursuant to such clause. Not later than 60 days after the expiration of the deadline described in clause (iii), the Secretary of Labor shall notify each State whether the laws, regulations, and policies identified by the State under such clause satisfy the requirements described pursuant to clause
(i)and, to the extent such laws, regulations, and policies fail to satisfy such requirements, the Secretary of Labor shall inform the State of the steps the State may take to remedy such failure and provide any necessary technical assistance. The amendment made by subsection (a)(1) shall apply with respect to weeks of unemployment beginning on or after the date that is 60 days after the earlier of— the date on which a State is notified by the Secretary of Labor under subparagraph (A)(iv) that the laws, regulations, and policies identified by the State satisfy the requirements described pursuant to subparagraph (A)(i); or in the case of a State that is notified by the Secretary of Labor under subparagraph (A)(iv) that the laws, regulations, and policies identified by the State fail to satisfy such requirements, 1 year after the date of such notification. The amendment made by subsection (a)(2) shall apply with respect to weeks of unemployment beginning on or after the date that is 60 days after the earlier of— the date on which a State is notified by the Secretary of Labor under subparagraph (A)(iv) that the laws, regulations, and policies identified by the State satisfy the requirements described pursuant to subparagraph (A)(i); or in the case of a State that is notified by the Secretary of Labor under subparagraph (A)(iv) that the laws, regulations, and policies identified by the State fail to satisfy such requirements, 2 years after the date of such notification. The amendment made by subsection (a)(3) shall apply with respect to weeks of unemployment beginning on or after the date that is 2 years after the date of enactment of this Act. Except as provided in subparagraph (B), the amendment made by subsection
(c)shall be applicable in the next State plan submitted after 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 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature.
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Sec. 703
Provisions related to Unemployment Compensation and the Temporary Assistance for Needy Families Program
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