621
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on October 1, 2003. 
SEC. 5133. IMMIGRATION PROVISIONS. 
(a) NONIMMIGRANT ALIENS INELIGIBLE TO RE-
CEIVE VISAS
AND EXCLUDED FROM ADMISSION
FOR 
NONPAYMENT OF CHILD SUPPORT.—
(1) IN GENERAL.—Section 212(a)(10) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(10)) is amended by adding at the end the 
following: 
‘‘(F) NONPAYMENT OF CHILD SUPPORT.—
‘‘(i) 
IN
GENERAL.—Any 
non-
immigrant alien is inadmissible who is le-
gally obligated under a judgment, decree, 
or order to pay child support (as defined in 
section 459(i) of the Social Security Act), 
and whose failure to pay such child sup-
port has resulted in an arrearage exceeding 
$2,500, until child support payments 
under the judgment, decree, or order are 
satisfied or the nonimmigrant alien is in 
compliance with an approved payment 
agreement. 
‘‘(ii) WAIVER AUTHORIZED.—The At-
torney General may waive the application
622
of clause (i) in the case of an alien, if the 
Attorney General—
‘‘(I) has received a request for 
the waiver from the court or adminis-
trative agency having jurisdiction over 
the judgment, decree, or order obli-
gating the alien to pay child support 
that is referred to in such clause; or 
‘‘(II) determines that there are 
prevailing humanitarian or public in-
terest concerns.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by this subsection shall take effect 180 days after 
the date of enactment of this Act. 
(b) AUTHORIZATION TO SERVE LEGAL PROCESS IN 
CHILD
SUPPORT
CASES
ON
CERTAIN
ARRIVING 
ALIENS.—
(1) IN GENERAL.—Section 235(d) of the Immi-
gration and Nationality Act (8 U.S.C. 1225(d)) is 
amended by adding at the end the following: 
‘‘(5) AUTHORITY TO SERVE PROCESS IN CHILD 
SUPPORT CASES.—
‘‘(A) IN
GENERAL.—To the extent con-
sistent with State law, immigration officers are 
authorized to serve on any alien who is an ap-
623
plicant for admission to the United States legal 
process with respect to any action to enforce or 
establish a legal obligation of an individual to 
pay child support (as defined in section 459(i) 
of the Social Security Act). 
‘‘(B) DEFINITION.—For purposes of sub-
paragraph (A), the term ‘legal process’ means 
any writ, order, summons, or other similar 
process, which is issued by—
‘‘(i) a court or an administrative 
agency of competent jurisdiction in any 
State, territory, or possession of the 
United States; or 
‘‘(ii) an authorized official pursuant to 
an order of such a court or agency or pur-
suant to State or local law.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by this subsection shall apply to aliens applying for 
admission to the United States on or after 180 days 
after the date of enactment of this Act. 
(c) AUTHORIZATION TO SHARE CHILD SUPPORT EN-
FORCEMENT INFORMATION TO ENFORCE IMMIGRATION 
AND NATURALIZATION LAW.—
624
(1) SECRETARIAL
RESPONSIBILITY.—Section 
452 of the Social Security Act (42 U.S.C. 652) is 
amended by adding at the end the following: 
‘‘(m) If the Secretary receives a certification by a 
State agency, in accordance with section 454(35), that an 
individual who is a nonimmigrant alien (as defined in sec-
tion 101(a)(15) of the Immigration and Nationality Act) 
owes arrearages of child support in an amount exceeding 
$2,500, the Secretary may, at the request of the State 
agency, the Secretary of State, or the Attorney General, 
or on the Secretary’s own initiative, provide such certifi-
cation to the Secretary of State and the Attorney General 
information in order to enable them to carry out their re-
sponsibilities under sections 212(a)(10) and 235(d) of 
such Act.’’. 
(2) STATE AGENCY RESPONSIBILITY.—Section 
454 of the Social Security Act (42 U.S.C. 654), as 
amended by section 5111(c) of this Act, is amend-
ed—
(A) by striking ‘‘and’’ at the end of para-
graph (33); 
(B) by striking the period at the end of 
paragraph (34) and inserting ‘‘; and’’; and 
(C) by inserting after paragraph (34) the 
following:
625
‘‘(35) provide that the State agency will have in 
effect a procedure for certifying to the Secretary, in 
such format and accompanied by such supporting 
documentation as the Secretary may require, deter-
minations that nonimmigrant aliens owe arrearages 
of child support in an amount exceeding $2,500.’’. 
SEC. 5134. CORRECTION OF ERRORS IN CONFORMING 
AMENDMENTS IN THE WELFARE-TO-WORK 
AND CHILD SUPPORT AMENDMENTS OF 1999. 
The amendments made by section 2402 of Public 
Law 106–246 shall take effect as if included in the enact-
ment of section 806 of H.R. 3424 of the 106th Congress 
by section 1000(a)(4) of Public Law 106–113. 
SEC. 5135. INCREASE IN PAYMENT RATE TO STATES FOR 
EXPENDITURES FOR SHORT-TERM TRAINING 
OF STAFF OF CERTAIN CHILD WELFARE 
AGENCIES. 
Section 474(a)(3)(B) of the Social Security Act (42 
U.S.C. 674(a)(3)(B)) is amended by inserting ‘‘, or State-
licensed or State-approved child welfare agencies providing 
services,’’ after ‘‘child care institutions’’. 
SEC. 5136. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as otherwise provided in 
this subtitle and in subsection (b) of this section, this sub-
title and the amendments made by this subtitle shall take
626
effect on October 1, 2004, and shall apply to payments 
under part D of title IV of the Social Security Act for 
calendar quarters beginning on or after such date, and 
without regard to whether regulations to implement such 
amendments are promulgated by such date. 
(b) DELAY PERMITTED IF STATE LEGISLATION RE-
QUIRED.—In the case of a State plan approved under sec-
tion 454 of the Social Security Act which requires State 
legislation (other than legislation appropriating funds) in 
order for the plan to meet the additional requirements im-
posed by the amendments made by this Act, the State plan 
shall not be regarded as failing to comply with the addi-
tional requirements solely on the basis of the failure of 
the plan to meet the 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 such ses-
sion shall be deemed to be a separate regular session of 
the State legislature.
627
CHAPTER 2—CHILD SUPPORT 
DEMONSTRATION PROGRAMS 
SEC. 5141. SHORT TITLE. 
This chapter may be cited as the ‘‘Child Support As-
surance Act’’. 
SEC. 5142. PURPOSES. 
The purposes of this chapter are to enable partici-
pating States to establish, expand, or improve child sup-
port assurance systems in order to improve the economic 
circumstances of children who do not receive a minimum 
level of child support in a given month from the noncusto-
dial parents of such children, to strengthen the establish-
ment and enforcement of child support awards, and to 
promote work by custodial and noncustodial parents.
SEC. 5143. DEFINITIONS. 
In this chapter: 
(1) CHILD.—The term ‘‘child’’ means an indi-
vidual who is of such an age, disability, or edu-
cational status as to be eligible for child support as 
provided for by law. 
(2) ELIGIBLE
CHILD.—The term ‘‘eligible 
child’’ means a child who—
(A) is not currently receiving cash assist-
ance under the State program funded under
628
part A of title IV of the Social Security Act (42 
U.S.C. 601 et seq.); 
(B) meets the eligibility requirements es-
tablished by the State for participation in a 
project administered under this section; and 
(C) is the subject of a support order, as 
defined in section 453(p) of the Social Security 
Act (42 U.S.C. 653(p)), or for which good 
cause exists, as determined by the appropriate 
State agency under section 454(29)(A) of such 
Act (42 U.S.C. 654(29)(A)), for not having or 
pursuing a support order. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
SEC. 5144. ESTABLISHMENT OF CHILD SUPPORT ASSUR-
ANCE DEMONSTRATION PROJECTS. 
(a) DEMONSTRATIONS AUTHORIZED.—The Secretary 
shall make grants to not less than 3 and not more than 
5 States to conduct demonstration projects for the pur-
pose of establishing, expanding, or improving a system of 
an assured minimum child support payment to an eligible 
child in accordance with this section. 
(b) APPLICATION AND SELECTION.—
(1) APPLICATION REQUIREMENTS.—An applica-
tion for a grant under this section shall be sub-
629
mitted by the chief executive officer of a State and 
shall—
(A) contain a description of the proposed 
child support assurance project to be estab-
lished, expanded, or improved using amounts 
provided under this section, including the level 
of the assured minimum child support payment 
to be provided and the agencies that will be in-
volved; 
(B) specify whether the project will be car-
ried out throughout the State or in limited 
areas of the State; 
(C) specify the level of income, if any, at 
which a recipient or applicant will be ineligible 
for an assured minimum child support payment 
under the project; 
(D) estimate the number of children who 
will be eligible for assured minimum child sup-
port payments under the project; 
(E) contain a description of the work re-
quirements, if any, for custodial parents whose 
children are participating in the project; 
(F) contain a commitment by the State to 
carry out the project during a period of not less
630
than 3 and not more than 5 consecutive fiscal 
years beginning with fiscal year 2004; and 
(G) contain such other information as the 
Secretary may require by regulation. 
(2) SELECTION CRITERIA.—The Secretary shall 
consider—
(A) geographic diversity in the selection of 
States to conduct demonstration projects under 
this section; and 
(B) any other criteria that the Secretary 
determines will contribute to the achievement of 
the purposes of this title. 
(c) USE OF FUNDS.—
(1) GRANT FUNDS.—A State shall use amounts 
provided under a grant awarded under this section 
to carry out a child support assurance project that 
is designed to provide a minimum monthly child sup-
port payment for each eligible child participating in 
the project to the extent that such minimum child 
support is not paid in a month by the noncustodial 
parent. 
(2) TANF FUNDS.—
(A) IN GENERAL.—A State selected to con-
duct a demonstration project under this title 
may use, in addition to the amounts provided
631
under a grant awarded under this section, 
funds provided under a State family assistance 
grant under section 403(a)(1) of the Social Se-
curity Act (42 U.S.C. 603(a)(1)) for the pur-
pose described in paragraph (1). 
(B) AUTHORITY
TO
INCLUDE
AMOUNTS 
USED FOR PURPOSES OF TANF MAINTENANCE 
OF
EFFORT
REQUIREMENTS.—Section 
409(a)(7)(B)(i)(I) of the Social Security Act 
(42 U.S.C. 609(a)(7)(B)(i)(I)) is amended by 
adding at the end the following: 
‘‘(ff) Notwithstanding clause 
(iv), funds provided under a 
State family assistance grant, 
under section 403(a)(1) that are 
used to establish, expand, or im-
prove a system of assured min-
imum child support payments to 
eligible children (regardless of 
whether such children reside with 
an eligible family, as defined in 
subclause (IV)) in accordance 
with the Leave No Child Behind 
Act of 2003.’’.
632
(d) TREATMENT OF CHILD SUPPORT PAYMENT.—
Any assured minimum child support payment received by 
an individual under this title shall be considered child sup-
port for purposes of determining the treatment of such 
payment under—
(1) the Internal Revenue Code of 1986; and 
(2) any eligibility requirements for any means-
tested program of assistance.
(e) DURATION.—A demonstration project conducted 
under this section shall commence on October 1, 2005, 
and shall be conducted for not less than 3 and not more 
than 5 consecutive fiscal years, except that the Secretary 
may terminate a project before the end of such period if 
the Secretary determines that the State conducting the 
project is not in compliance with the terms of the applica-
tion approved by the Secretary under this section. 
(f) EVALUATIONS AND REPORTS.—
(1) STATE EVALUATIONS.—
(A) IN
GENERAL.—Each State admin-
istering a demonstration project under this sec-
tion shall—
(i) provide for evaluation of the 
project, meeting such conditions and 
standards as the Secretary may require; 
and
633
(ii) submit to the Secretary reports, at 
the times and in the formats as the Sec-
retary may require, and containing any in-
formation (in addition to the information 
required under subparagraph (B)) as the 
Secretary may require. 
(B) REQUIRED
INFORMATION.—A report 
submitted under subparagraph (A)(ii) shall in-
clude information on and analysis of the effect 
of the project with respect to—
(i) the amount of child support col-
lected for project recipients; 
(ii) the economic circumstances and 
work efforts of custodial parents; 
(iii) the work efforts of noncustodial 
parents; 
(iv) the rate of compliance by non-
custodial parents with support orders; 
(v) project recipients’ need for assist-
ance under means-tested assistance pro-
grams other than the project administered 
under this section; and 
(vi) any other matters that the Sec-
retary may specify.
634
(C) 
METHODOLOGY.—Information 
re-
quired under this paragraph shall be collected 
through the use of scientifically acceptable sam-
pling methods. 
(2) REPORTS
TO
CONGRESS.—The Secretary 
shall, on the basis of reports received from States 
administering projects under this section, submit in-
terim reports and, not later than 6 months after the 
conclusion of all projects administered under this 
section, a final report to Congress. A report sub-
mitted under this paragraph shall contain an assess-
ment of the effectiveness of the State projects ad-
ministered under this section and any recommenda-
tions for legislative action that the Secretary con-
siders appropriate. 
(g) FUNDING.—There shall be available to the Sec-
retary, from amounts made available to carry out part D 
of title IV of the Social Security Act, for purposes of car-
rying out demonstration projects under this section, 
amounts not to exceed—
(1) $27,000,000 for fiscal year 2006; 
(2) $55,000,000 for fiscal year 2007; and
(3) $70,000,000 for each of fiscal years 2008 
through 2010.
635
Subtitle C—Fair Wages and 
Unemployment Insurance 
CHAPTER 1—FAIR MINIMUM WAGE 
SEC. 5201. SHORT TITLE. 
This chapter may be cited as the ‘‘Fair Minimum 
Wage Act of 2003’’. 
SEC. 5202. MINIMUM WAGE. 
(a) IN GENERAL.—Section 6(a)(1) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended 
to read as follows: 
‘‘(1) except as otherwise provided in this sec-
tion, not less than—
‘‘(A) $5.90 an hour, beginning on the 60th 
day after the date of enactment of the Fair 
Minimum Wage Act of 2003; and 
‘‘(B) $6.65 an hour, beginning 12 months 
after that 60th day;’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect 60 days after the date of 
enactment of this Act.
636
SEC. 5203. APPLICABILITY OF MINIMUM WAGE TO THE 
COMMONWEALTH OF THE NORTHERN MAR-
IANA ISLANDS. 
(a) IN GENERAL.—Section 6 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 206) shall apply to the 
Commonwealth of the Northern Mariana Islands. 
(b) TRANSITION.—Notwithstanding subsection (a), 
the minimum wage applicable to the Commonwealth of the 
Northern Mariana Islands under section 6(a)(1) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) 
shall be—
(1) $3.55 an hour, beginning on the 60th day 
after the date of enactment of this Act; and 
(2) increased by $0.50 an hour (or such lesser 
amount as may be necessary to equal the minimum 
wage under section 6(a)(1) of such Act), beginning 
6 months after the date of enactment of this Act 
and every 6 months thereafter until the minimum 
wage applicable to the Commonwealth of the North-
ern Mariana Islands under this subsection is equal 
to the minimum wage set forth in such section.
637
CHAPTER 2—LIVABLE WAGES FOR EM-
PLOYEES 
UNDER 
FEDERAL 
CON-
TRACTS 
SEC. 5211. SHORT TITLE. 
This chapter may be cited as the ‘‘Federal Living 
Wage Responsibility Act’’. 
SEC. 5212. FINDINGS. 
The Congress finds the following: 
(1) American workers are working harder to 
make ends meet. 
(2) The wages of many working Americans 
have not kept pace with the cost of providing for 
their families. 
(3) The Federal Government provides billions of 
dollars in subsidies to businesses each year through 
both spending programs and the Internal Revenue 
Code of 1986. 
(4) Recipients of Federal contracts have bene-
fited greatly from the provision of taxpayers’ dollars. 
(5) The Congressional Budget Office concluded 
that the Federal Government spends more than $30 
billion a year on spending and credit programs. 
(6) Congress must ensure that Federal dollars 
are used responsibly to improve the economic secu-
rity and well-being of Americans across the country.
638
SEC. 5213. POVERTY LEVEL WAGE. 
(a) REQUIREMENT.—
(1) GENERAL
RULE.—Except as provided in 
paragraph (2), any employer under a Federal con-
tract for an amount exceeding $10,000 or a sub-
contract under a Federal contract for such an 
amount shall, except as provided in subsection (b), 
pay each of the employer’s employees working on or 
hired in conjunction with such contract or sub-
contract—
(A) an hourly wage necessary for such em-
ployee to earn, while working 40 hours a week 
on a full-time basis, the amount of the Federal 
poverty level for a family of 4 (as published in 
the Federal Register by the Department of 
Health and Human Services under the author-
ity of section 673(2) of the Omnibus Budget 
Reconciliation Act of 1981), or 
(B) $8.20 an hour, 
whichever is greater. 
(2) EXCEPTION.—An employer which is—
(A) a small business concern as defined 
under section 3 of the Small Business Act (15 
U.S.C. 632), or 
(B) a nonprofit organization exempt from 
Federal income tax under section 501(c) of the
639
Internal Revenue Code of 1986 if the ratio of 
the total compensation of its chief executive of-
ficer to the compensation of the full-time equiv-
alent of its lowest paid employee is not greater 
than 25 to 1, 
shall not be required to pay the wage prescribed by 
paragraph (1). 
(3) SCOPE.—An employer may not avoid the re-
quirement of paragraph (1) by laying off or other-
wise terminating the employment of an employee 
with the intention of replacing such employee with 
an employee who, under subsection (b), is not eligi-
ble for the subsection (a) wage. 
(b) EXCEPTION.—An employee who is participating 
in—
(1) an apprenticeship program, or 
(2) any other training program which does not 
exceed 6 months in duration and which is offered to 
an employee while employed in productive work that 
provides training, technical and other related skills, 
and personal skills that are essential to the full and 
adequate performance of the employee’s employ-
ment, 
is not eligible for the wage prescribed by subsection (a).
640
(c) CONTRACT REQUIREMENT.—Any contract be-
tween the Federal Government and any contractor and 
any contract between such contractor with a subcontractor 
to carry out work for the Federal Government shall re-
quire the contractor or subcontractor to pay the wage pre-
scribed by subsection (a)(1). 
(d) ENFORCEMENT.—
(1) SUSPENSION.—If an employer does not pay 
the wage required by subsection (a) the Federal con-
tract or subcontract under which such employer was 
employing employees shall be suspended. 
(2) INELIGIBILITY.—An employer described in 
paragraph (1) shall not be eligible for any Federal 
contract or subcontract for a period of 5 years be-
ginning on the date the employer does not pay the 
required wage. 
(3) RESTITUTION.—An employer who does not 
pay the wage required by subsection (a) shall be lia-
ble to the United States in an amount equal to the 
unpaid wages and in addition an equal amount as 
liquidated damages. The Secretary of Labor shall 
pay to the employees who were not paid such wage 
the amount recovered by the United States under 
this paragraph.
641
SEC. 5214. EFFECTIVE DATE. 
This chapter shall take effect with respect to Federal 
contracts entered into, renewed, or extended after 90 days 
after the date of enactment of this Act. 
CHAPTER 3—UNEMPLOYMENT 
INSURANCE 
SEC. 5221. PARITY FOR PART-TIME WORKERS, FAIR COUNT-
ING OF WAGES, AND USE OF IMPROVED 
TECHNOLOGY 
FOR 
MAKING 
WAGE 
DATA 
AVAILABLE. 
(a) IN GENERAL.—Subsection (a) of section 3304 of 
the Internal Revenue Code of 1986 (relating to approval 
of State unemployment compensation laws) is amended—
(1) in paragraph (18), by striking ‘‘and’’ at the 
end; 
(2) by redesignating paragraph (19) as para-
graph (21); and 
(3) by inserting after paragraph (18) the fol-
lowing new paragraphs: 
‘‘(19) in the case of an individual who is not eli-
gible for regular compensation under the State law 
because such individual does not meet requirements 
relating to availability for work, active search for 
work, or refusal to accept work, because such indi-
vidual is seeking, or is available for, less than full-
time work, compensation is not denied by such State
642
to an otherwise eligible individual who seeks less 
than full-time work or fails to accept full-time work; 
‘‘(20) in the case of an individual who is not eli-
gible for regular compensation under the State law 
because of the use of a definition of base period that 
does not count wages earned in the most recently 
completed calendar quarter, eligibility for compensa-
tion is determined by applying a base period ending 
at the close of the most recently completed calendar 
quarter; and’’. 
(b) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section 
shall apply to compensation paid for weeks of unem-
ployment beginning after June 30, 2004. 
(2) AMENDMENT RELATING TO USE OF RECENT 
WAGES.—Section 3304(a)(20) of the Internal Rev-
enue Code of 1986, as added by subsection (a)(3), 
shall apply to compensation paid for weeks of unem-
ployment beginning after December 31, 2004.
643
SEC. 5222. ENSURING UNEMPLOYMENT COMPENSATION 
FOR INDIVIDUALS THAT ARE SEPARATED 
FROM EMPLOYMENT DUE TO DOMESTIC VIO-
LENCE. 
(a) UNEMPLOYMENT COMPENSATION.—Section 3304 
of the Internal Revenue Code of 1986 (relating to approval 
of State unemployment compensation laws), as amended 
by section 5221, is amended—
(1) in subsection (a)—
(A) in paragraph (20), by striking ‘‘and’’ 
at the end; 
(B) by redesignating paragraph (21) as 
paragraph (22); and 
(C) by inserting after paragraph (20) the 
following new paragraph: 
‘‘(21) compensation is to be paid where an indi-
vidual is separated from employment due to cir-
cumstances directly resulting from domestic violence; 
and’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(g) CONSTRUCTION.—
‘‘(1) IN GENERAL.—For purposes of subsection 
(a)(21), an employee’s separation from employment 
shall be treated as due to circumstances directly re-
644
sulting from domestic violence if the separation re-
sulted from—
‘‘(A) the employee’s reasonable fear of fu-
ture domestic violence at or en route to or from 
the employee’s place of employment; 
‘‘(B) the employee’s wish to relocate to an-
other geographic area in order to avoid future 
domestic violence against the employee or the 
employee’s family; 
‘‘(C) the employee’s need to recover from 
traumatic stress resulting from the employee’s 
experience of domestic violence; 
‘‘(D) the employer’s denial of the employ-
ee’s request for the temporary leave from em-
ployment to address domestic violence and its 
effects; or 
‘‘(E) any other circumstance in which do-
mestic violence causes the employee to reason-
ably believe that termination of employment is 
necessary for the future safety of the employee 
or the employee’s family. 
‘‘(2) REASONABLE
EFFORTS
TO
RETAIN
EM-
PLOYMENT.—For purposes of subsection (a)(21), if 
State law requires the employee to have made rea-
sonable efforts to retain employment as a condition
645
for receiving unemployment compensation, such re-
quirement shall be met if the employee—
‘‘(A) sought protection from, or assistance 
in responding to, domestic violence, including 
calling the police or seeking legal, social work, 
medical, clergy, or other assistance; 
‘‘(B) sought safety, including refuge in a 
shelter or temporary or permanent relocation, 
whether or not the employee actually obtained 
such refuge or accomplished such relocation; or 
‘‘(C) reasonably believed that options such 
as taking a leave of absence, transferring jobs, 
or receiving an alternative work schedule would 
not be sufficient to guarantee the employee or 
the employee’s family’s safety. 
‘‘(3) ACTIVE SEARCH FOR EMPLOYMENT.—For 
purposes of subsection (a)(21), if State law requires 
the employee to actively search for employment after 
separation from employment as a condition for re-
ceiving unemployment compensation, such require-
ment shall be treated as met where the employee is 
temporarily unable to actively search for employment 
because the employee is engaged in seeking safety or 
relief for the employee or the employee’s family from 
domestic violence, including—
646
‘‘(A) going into hiding or relocating or at-
tempting to do so, including activities associ-
ated with such hiding or relocation, such as 
seeking to obtain sufficient shelter, food, school-
ing for children, or other necessities of life for 
the employee or the employee’s family; 
‘‘(B) actively pursuing legal protection or 
remedies, including meeting with the police, 
going to court to make inquiries or file papers, 
meeting with attorneys, or attending court pro-
ceedings; or 
‘‘(C) participating in psychological, social, 
or religious counseling or support activities to 
assist the employee in ending domestic violence. 
‘‘(4) PROVISION
OF
INFORMATION
TO
MEET 
CERTAIN REQUIREMENTS.—In determining if an em-
ployee meets the requirements of paragraphs (1), 
(2), and (3), the unemployment agency of the State 
in which an employee is requesting unemployment 
compensation by reason of subsection (a)(21) may 
require the employee to provide—
‘‘(A) documentation of the domestic vio-
lence, such as—
‘‘(i) police or court records; or
647
‘‘(ii) documentation from a shelter 
worker or an employee of a domestic vio-
lence program, an attorney, a clergy mem-
ber, or a medical or other professional 
from whom the employee has sought as-
sistance in addressing domestic violence 
and its effects; or 
‘‘(B) other corroborating evidence, such 
as—
‘‘(i) a statement from any other indi-
vidual with knowledge of the circumstances 
which provide the basis for the claim; or 
‘‘(ii) physical evidence of domestic vio-
lence, such as photographs or torn or 
bloody clothes. 
All evidence of domestic violence experienced by an 
employee, including an employee’s statement, any 
corroborating evidence, and the fact that an em-
ployee has applied for, or inquired about, unemploy-
ment compensation available by reason of subsection 
(a)(21) shall be retained in the strictest confidence 
by such State unemployment agency, except to the 
extent consented to by the employee where disclosure 
is necessary to protect the employee’s safety.
648
‘‘(5) EFFECT OF CLAIMS.—Claims filed for un-
employment compensation solely by reason of sub-
section (a)(21) shall be disregarded in determining 
an employer’s State unemployment taxes based on 
unemployment experience.’’.
(b) SOCIAL SECURITY PERSONNEL TRAINING.—Sec-
tion 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 fol-
lowing new paragraph: 
‘‘(4) Such methods of administration as will en-
sure that claims reviewers and hearing personnel are 
adequately trained in—
‘‘(A) the nature and dynamics of claims 
for unemployment compensation based on do-
mestic violence under section 3304(a)(21) of 
the Internal Revenue Code of 1986; and 
‘‘(B) methods of ascertaining and keeping 
confidential information about possible experi-
ences of domestic violence to ensure that—
‘‘(i) requests for unemployment com-
pensation based on domestic violence are
649
reliably screened, identified, and adju-
dicated; and 
‘‘(ii) complete confidentiality is pro-
vided for the employee’s claim and sub-
mitted evidence; and’’. 
(c) FUNDING FOR IMPROVED TECHNOLOGY TO AS-
SIST IN DETERMINING BENEFIT ELIGIBILITY.—Section 
901(c) of the Social Security Act (42 U.S.C. 1101(c)) is 
amended by adding at the end the following new para-
graph: 
‘‘(6) In addition to amounts provided under para-
graph (1)(A)(i), there is hereby appropriated out of the 
employment security administration account $60,000,000 
for fiscal year 2004 (which shall remain available for obli-
gation to the States through fiscal year 2006) for the pur-
pose of assisting States in funding technology and other 
costs that accelerate access to wage and employment infor-
mation in order to determine eligibility for unemployment 
compensation.’’. 
(d) DEFINITIONS.—Section 3306 of the Internal Rev-
enue Code of 1986 (relating to definitions) is amended by 
adding at the end the following new subsection: 
‘‘(v) DOMESTIC VIOLENCE.—For purposes of this 
chapter, the term ‘domestic violence’ has the meaning 
given such term in section 2003(1) of title I of the Omni-
650
bus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796gg–2).’’. 
(e) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the amendments made by this 
section shall take effect on November 1, 2003. 
(2) FUNDING FOR IMPROVED TECHNOLOGY TO 
ASSIST
IN
DETERMINING
BENEFIT
ELIGIBILITY.—
The amendment made by subsection (c) shall take 
effect on the date of enactment of this Act. 
(3) EXCEPTION.—In the case of any State the 
legislature of which has not been in session for at 
least 30 calendar days (whether or not successive) 
between the date of enactment of this Act and No-
vember 1, 2003, the amendments made by this sec-
tion shall take effect 30 calendar days after the first 
day on which such legislature is in session on or 
after November 1, 2003. 
SEC. 5223. LOSS OF CHILD CARE AS GOOD CAUSE FOR 
LEAVING EMPLOYMENT. 
(a) IN GENERAL.—Subsection (a) of section 3304 of 
the Internal Revenue Code of 1986 (relating to approval 
of State unemployment compensation laws), as amended 
by section 5222, is amended—