THIS SEARCH     THIS DOCUMENT     GO TO
Next Hit        Forward           New Bills Search
Prev Hit        Back              HomePage
Hit List        Best Sections     Help
                Contents Display   

HR 4655 IH

To ensure that all States address domestic and sexual violence in their temporary assistance to needy families program.

MAY 2, 2002

Mrs. MALONEY of New York introduced the following bill; which was referred to the Committee on Ways and Means

To ensure that all States address domestic and sexual violence in their temporary assistance to needy families program.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Safety and Self-Sufficiency Act of 2002'.

SEC. 2. ADDRESSING DOMESTIC AND SEXUAL VIOLENCE IN TANF PROGRAM.

Section 402(a)(7) of the Social Security Act (42 U.S.C. 602(a)(7)) is amended to read as follows:

`(7) CERTIFICATIONS REGARDING DOMESTIC AND SEXUAL VIOLENCE-

`(A) GENERAL PROVISIONS- A certification by the chief executive officer of the State that the State has established and is enforcing standards and procedures to ensure that domestic and sexual violence is comprehensively addressed, and a written document outlining how the State will do the following:

`(i) ADDRESS NEEDS OF RECIPIENTS- Address the needs of a recipient of assistance under the State program funded under this part who is or has been subjected to domestic or sexual violence, including how the State will--

`(I) have trained caseworkers screen, and, at the option of such a recipient, assess and identify individuals who are or have been subjected to domestic or sexual violence;

`(II) provide each such recipient with adequate notice of eligibility and program requirements, confidentiality provisions, assessment and program services, and modifications and waivers available to such a recipient as well as the process to access such services, modifications, or waivers;

`(III) refer such recipients for appropriate counseling and other supportive services, modify or waive eligibility or program requirements or prohibitions to address domestic violence and sexual assault barriers, and ensure the access of such recipients to job training, vocational rehabilitation, and other employment-related services as appropriate;

`(IV) restrict the disclosure of any identifying information obtained through any process or procedure implemented pursuant to this paragraph absent the recipient's written consent or unless otherwise required to do so under law; and

`(V) pursuant to a determination of good cause, waive, without time limit, any State or Federal eligibility or program requirement or prohibition for so long as necessary, in every case in which an individual or family receiving such assistance has been identified as having been subjected to domestic or sexual violence, and the requirement makes it more difficult for the individual to address, escape or recover from the violence, unfairly penalizes the individual, or makes the individual or any child of the individual unsafe.

`(ii) COORDINATION- Coordinate or contract with State or tribal domestic violence coalitions, sexual assault coalitions, or domestic or sexual violence programs in the development and implementation of standards, procedures, training, and programs required under this part to address domestic and sexual violence.

`(iii) CASEWORKER TRAINING- Train caseworkers in--

`(I) the nature and dynamics of domestic or sexual violence and the

ways in which they may act to obstruct the economic security or safety of such a recipient or any child of such a recipient;

`(II) the standards, policies and procedures implemented pursuant to this part, including the recipient's rights and protections, such as notice and confidentiality;

`(III) how to screen for and identify when domestic or sexual violence creates barriers to compliance, and how to make effective referrals for services and modify eligibility and program requirements and prohibitions to address domestic and sexual violence barriers; and

`(IV) the process for determining good cause for noncompliance with an eligibility or program requirement or prohibition and granting waivers of the requirements.

`(iv) USE OF QUALIFIED PROFESSIONALS- At State option, enter into contracts with or employ qualified domestic violence and sexual violence professionals for the provision of services in each of the fields of domestic or sexual violence.

`(B) DEFINITIONS- In this part:

`(i) DOMESTIC OR SEXUAL VIOLENCE- The term `domestic or sexual violence' has the same meaning as the term `battered or subject to extreme cruelty' as defined in section 408(a)(7)(C)(iii).

`(ii) QUALIFIED PROFESSIONAL DEFINED- The term qualified professional' includes a State or local victim services organization with recognized expertise in the dynamics of domestic or sexual violence who has as 1 of its primary purposes to provide services to victims of domestic or sexual violence, such as a sexual assault crisis center or domestic violence program, or an individual trained by such an organization.'.

SEC. 3. ASSESSMENT.

Section 408(b) of the Social Security Act (42 U.S.C. 608(b)) is amended--

(1) in paragraph (1), by striking `and employability' and inserting `employability, and potential barriers, including domestic or sexual violence, mental or physical health, learning disability , substance abuse, English as a second language, or insufficient housing, transportation or child care,'; and

(2) in paragraph (2)(A)--

(A) by striking `and' at the end of clause (iv);

(B) by striking the period at the end of clause (v) and inserting a semicolon; and

(C) by adding at the end the following:

`(vi) documents the individual's receipt of adequate notice of program requirements, confidentiality provisions, assessment and program services, and waivers available to individuals who have or may have been subjected to domestic or sexual violence, as well as the process to access such services or waivers; and

`(vii) may not require the individual to participate in services to address domestic or sexual violence.'.

SEC. 4. REVIEW AND CONCILIATION PROCESS.

Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following:

`(12) REVIEW AND CONCILIATION PROCESS-

`(A) IN GENERAL- A State to which a grant is made under section 403 shall not impose a sanction or penalty against an individual under the State program funded under this part on the basis of noncompliance by an individual or family with a program requirement, if domestic or sexual violence is a significant contributing factor in the noncompliance.

`(B) CONSIDERATIONS- Before so imposing a sanction or penalty against an individual, the State shall specifically consider whether the individual has been or is being subjected to domestic or sexual violence, and if such violence is identified, make a reasonable effort to modify or waive program requirements or prohibitions, and offer the individual referral to voluntary services to address the violence.'.

SEC. 5. STATE OPTION TO INCLUDE SURVIVORS IN WORK PARTICIPATION RATES.

Section 407(b)(2) of the Social Security Act (42 U.S.C. 607(b)(2)) is amended by adding at the end the following:

`(6) STATE OPTION TO INCLUDE SURVIVORS IN WORK PARTICIPATION RATES- A State may consider an individual who, in a month, is receiving

services or a waiver described in section 402(a)(7) as being engaged in work for the month for purposes of subsection (b)(1)(B)(i).'.

SEC. 6. EXCLUSION OF SURVIVORS OF DOMESTIC OR SEXUAL VIOLENCE FROM 20 PERCENT LIMITATION ON HARDSHIP EXCEPTION.

Section 408(a)(7)(C) of the Social Security Act (42 U.S.C. 608(a)(7)(C)) is amended--

(1) by striking clause (i) and inserting the following:

`(i) IN GENERAL- The State may exempt a family from the application of subparagraph (A)--

`(I) by reason of hardship; or

`(II) if the family includes an individual who has been subjected to domestic or sexual violence.';

(2) in clause (ii), by striking `clause (i)' and inserting `clause (i)(I)'; and

(3) in clause (iii), by striking `clause (i)' and inserting `clause (i)(II)'.

SEC. 7. TECHNICAL ASSISTANCE.

Section 413 of the Social Security Act (42 U.S.C. 613) is amended by adding at the end the following:

`(j) TECHNICAL ASSISTANCE-

`(1) GRANTS TO VICTIMS SERVICES ORGANIZATIONS- The Secretary shall make a grant to one or more national victims services organizations for the purpose of identifying and providing technical assistance with respect to model standards and procedures, practices and training designed to comprehensively address domestic and sexual violence, including for individuals with multiple barriers to employment or compliance with program requirements, and move individuals subjected to domestic or sexual violence into employment without compromising the safety of any individual.

`(2) GRANTS TO STATES- The Secretary shall make grants to States and localities to contract with a State or tribal domestic violence coalition or sexual assault coalition or joint domestic and sexual violence coalition to--

`(A) provide training to caseworkers and technical assistance regarding screening, assessing, and providing services to address domestic or sexual violence, modifying or waiving eligibility or program requirements or prohibitions, and assisting individuals subjected to domestic or sexual violence to secure and retain employment; and

`(B) develop and implement demonstration projects to promote best practices in serving individuals who have been subjected to domestic or sexual violence, with priority given to programs that contract with qualified professionals.

`(3) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS-

`(A) For grants under paragraph (1), there are authorized to be appropriated to the Secretary not more than $1,000,000 for fiscal year 2003.

`(B) For grants under paragraph (2), there are authorized to be appropriated to the Secretary not more than $10,000,000 for each of fiscal years 2003 through 2007.'.

SEC. 8. PENALTIES FOR NONCOMPLIANCE.

Section 409(a) of the Social Security Act (42 U.S.C. 609(a)) is amended by adding at the end the following:

`(15) PENALTY FOR FAILURE TO COMPLY WITH REQUIREMENTS RELATING TO DOMESTIC OR SEXUAL VIOLENCE- If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has failed to comply with subsection (a)(12) or (b) (to the extent relating to domestic or sexual violence) of section 408 during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant for such succeeding fiscal year.'.

THIS SEARCH     THIS DOCUMENT     GO TO
Next Hit        Forward           New Bills Search
Prev Hit        Back              HomePage
Hit List        Best Sections     Help
                Contents Display