Sec. 401. Unemployment compensation for victims of a qualifying act of violence
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/bill/118/s/5132/is/section-401·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3304 of the Internal Revenue Code of 1986, as previously amended by this title, 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: an individual shall not 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 a qualifying act of violence; and ; and 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 victim of a qualifying act of violence if such individual submits such evidence as the State deems sufficient. For purposes of paragraph (1), a State shall deem sufficient— evidence of such qualifying act of violence in the form of— a sworn statement and a form of identification; a police or court record; documentation from a professional from whom such individual has sought assistance, including those associated with medical, legal, or religious professions or a victim services organization; or any other documentation determined appropriate by the Secretary of Labor or the State; and an attestation that such voluntary separation is attributable to such qualifying act of violence. Subject to subparagraph (B), in this section, the terms qualifying act of violence , victim of a qualifying act of violence , and victim services organization , and have the meaning given such terms in section 3 of the SAFE for Survivors Act of 2024 , except that if the corresponding paragraph for any such term is amended after the date of enactment of this subsection, such amendment shall not apply for the purpose of this section until the earlier of— the date the State changes its statutes, regulations, or policies in order to comply with such amendment; or the date that is 2 years after the date of enactment of such amendment. A State may adopt a broader definition of any term under subparagraph (A). . 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 victims of a qualifying act of violence); and claims reviewers and hearing personnel are adequately trained in— the nature and dynamics of a qualifying act of violence (as those terms are defined in subsection
(g)of such section 3304); and methods of ascertaining and keeping confidential information about possible experiences of a qualifying act of violence (as so defined) to ensure that— requests for unemployment compensation based on separations stemming from a qualifying act of violence (as so defined) are reliably screened, identified, and adjudicated; and full confidentiality is provided for the individual’s claim and submitted evidence; and . The Secretary of Labor (in this subsection referred to as the Secretary ) is authorized to award a grant to a national, State, or local victim 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 provide technical assistance with respect to such model training program; and A national, State, or local victim services organization 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 for fiscal year 2025 such sums as may be necessary to carry out the provisions of paragraph (1). The recipient of a grant under paragraph
(1)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. Nothing in this section 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 a qualifying act of violence than the rights established under this section. The rights established for victims of a qualifying act of violence under this section shall not be diminished by any more restrictive State or local law, collective bargaining agreement, or employment benefits program or plan. The amendments made by subsections
(a)and
(b)shall apply to weeks of unemployment beginning on or after the earlier of— the date the State changes its statutes, regulations, or policies in order to comply with such amendments; or January 1, 2027.
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Sec. 401
Unemployment compensation for victims of a qualifying act of violence
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