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H.R.4669

Racial Equity and Fair Treatment Act of 2002 (Introduced in House)

SEC. 103. REVISION OF WORK ACTIVITIES.

(a) IN GENERAL- Section 407(d) (42 U.S.C. 607(d)) is amended--

(1) by striking paragraph (4) and inserting the following:

`(4) transitional work experience leading to jobs that provide an income of not less than 250 percent of the poverty line;';

(2) by striking paragraph (7) and inserting the following:

`(7) voluntary participation in a community service program;';

(3) in paragraph (8), by striking `(not to exceed 12 months with respect to any individual)'; and

(4) by striking paragraphs (10) through (12) and inserting the following:

`(10) participation in a State or Federal work-study program under part C of title IV of the Higher Education Act of 1965;';

`(11) education, including not more than 6 hours of home study per week, in the case of a recipient who is enrolled--

`(A) at an elementary or secondary school (as defined in the Elementary and Secondary Education Act of 1965);

`(B) in a course of study leading to adult literacy, English as a second language, or a certificate of high school equivalency; or

`(C) at an institution of higher education (as defined in section 102 of the Higher Education Act of 1965), regardless of the content of the course of study;

disability

(b) CONFORMING AMENDMENTS- Section 407 (42 U.S.C. 607) is amended--

(1) in subsection (b), by striking paragraph (5); and

(2) in subsection (c)--

(A) in each of subparagraphs (A) and (B)(i) of paragraph (1), by striking `not fewer than' and all that follows through `subsection (d),';

(B) in paragraph (1)(B)(ii), by striking `not fewer than' and all that follows through `subsection (d)'; and

SEC. 104. PROVISION OF INTERPRETATION AND TRANSLATION SERVICES.

(a) IN GENERAL- Section 408(a) (42 U.S.C. 608(a) is amended by adding at the end the following:

`(12) PROVISION OF INTERPRETATION AND TRANSLATION SERVICES- A State to which a grant is made under section 403(a) for a fiscal year shall provide appropriate interpretation and translation services at any office of the State program funded under this part that is responsible for handling the cases of 100 or more recipients of assistance under the program who share a native language that is not English.'.

(b) PENALTY- Section 409(a)(7)(B)(ii) (42 U.S.C. 609(a)(7)(B)(ii)) is amended by adding at the end the following: `The applicable percentage otherwise in effect with respect to a State for a fiscal year shall be increased by 5 percentage points if the Secretary determines that in the preceding fiscal year the State failed to comply with section 408(a)(12).'.

TITLE II--STRENGTHENING FAIR TREATMENT AND ANTIDISCRIMINATION PROTECTIONS

Subtitle A--Strengthening and Streamlining of Antidiscrimination Protections

SEC. 201. REQUIREMENT TO ESTABLISH EXPEDITED PROCESS FOR DISCRIMINATION COMPLAINTS.

(a) IN GENERAL- Section 408 (42 U.S.C. 608) is further amended by adding at the end the following:

`(13) REQUIREMENT TO ESTABLISH EXPEDITED PROCESS FOR DISCRIMINATION COMPLAINTS-

`(A) INTAKE- A State to which a grant is made under section 403 shall establish 1 central location at which a recipient of assistance under the State program funded under this part may file with the State and have adjudicated a complaint alleging discriminatory treatment under the program.

`(B) DEADLINES-

`(i) Within 30 days after a recipient files a complaint pursuant to subparagraph

(A), the State shall notify the recipient that the State has received the complaint.

`(ii) Within 60 days after the State receives a complaint filed pursuant to subparagraph (A), the State shall begin to investigate the complaint.

`(iii) Within 90 days after the State receives a complaint filed pursuant to subparagraph (A), the State shall adjudicate the complaint.

`(3) NO INTERRUPTION IN ASSISTANCE WHILE COMPLAINT IS PENDING- During the pendency of a complaint filed pursuant to paragraph (1), assistance to any recipient under a State program funded under this part shall not be affected by reason of the complaint.'.

SEC. 202. ESTABLISHMENT OF STANDARDIZED, FAIR SANCTION PROCESS.

(a) REQUIREMENT TO PROVIDE NOTICE OF RIGHTS OF RECIPIENTS, AND TRAIN PROGRAM PERSONNEL IN RESPECTING THE RIGHTS-

(1) IN GENERAL- Section 408(a) (42 U.S.C. 608(a)) is further amended by adding at the end the following:

`(14) REQUIREMENT TO PROVIDE NOTICE OF RIGHTS OF RECIPIENTS, AND TRAIN PROGRAM PERSONNEL TO CARRY OUT PROGRAM CONSISTENT WITH THE RIGHTS- A State to which a grant is made under section 403 shall--

`(A) notify each recipient of assistance under the program of the rights of recipients under all laws applicable to the activities of the State program funded under this part, and shall provide the notice--

`(i) to a recipient when the recipient enters the program;

`(ii) to all such recipients on a semiannual basis; and

`(iii) orally and in writing, in the native language of the recipient and at a 6th grade level, and if the native language is not English, a culturally competent translation shall be provided; and

`(B) train all program personnel on a regular basis in how to carry out the program consistent with the rights.'.

(2) PENALTY- Section 409(a)(7)(B)(ii) (42 U.S.C. 609(a)(7)(B)(ii)) is amended by adding at the end the following: `The applicable percentage otherwise in effect with respect to a State for a fiscal year shall be increased by 5 percentage points if the Secretary determines that in the preceding fiscal year the State failed to comply with section 408(a)(14).'.

(b) REVIEW AND CONCILIATION PROCESS-

(1) REQUIREMENT- Section 408(a) (42 U.S.C. 608(a)) is further amended by adding at the end the following:

`(15) REVIEW AND CONCILIATION PROCESS REQUIREMENTS- A State to which a grant is made under section 403 shall not impose a sanction against a person under the State program funded under this part, unless the State--

`(A) has attempted at least twice (using at least 2 different methods) to notify the person of the impending imposition of the sanction, the reason for the proposed sanction, the amount of the sanction, the length of time during which the proposed sanction would be in effect, and the steps required to come into compliance or to show good cause for noncompliance;

`(B) has afforded the person an opportunity--

`(i) to meet with the caseworker involved or another individual who has authority to determine whether to impose the sanction; and

`(ii) to explain why the person did not comply with the requirement on the basis of which the sanction is to be imposed;

`(C) has considered and taken any such explanation into account in determining to impose the sanction;

`(D) has specifically considered whether certain conditions exist, such as a physical or mental impairment, domestic violence, or limited proficiency in English, that contributed to the noncompliance of the person; and

`(E) in determining whether to impose the sanction, has used screening tools developed in consultation with individuals or groups with expertise in matters described in subparagraph (D).'.

(2) PENALTY- Section 409(a) (42 U.S.C. 609(a)) is amended by adding at the end the following:

`(15) PENALTY FOR FAILURE OF STATE TO USE REVIEW AND CONCILIATION PROCESS-

`(A) IN GENERAL- If the Secretary determines that a State to which a grant is made under section 403 for a fiscal year has violated section 408(a)(15) 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.

`(B) PENALTY BASED ON SEVERITY OF FAILURE- The Secretary shall impose reductions under subparagraph (A) with respect to a fiscal year based on the degree of noncompliance.'.

SEC. 203. REQUIREMENT TO PROVIDE OPPORTUNITY TO APPEAL ADVERSE DECISION.

(a) IN GENERAL- Section 408(a) (42 U.S.C. 608(a) is further amended by adding at the end the following:

`(16) REQUIREMENT TO PROVIDE OPPORTUNITY TO APPEAL ADVERSE DECISION- A State to which a grant is made under section 403 shall provide an applicant or recipient of assistance under the State program funded under this part with the opportunity to appeal any adverse decision made with respect to the applicant or recipient under the program.'.

(b) PENALTY- Section 409(a) (42 U.S.C. 608(a)) is further amended by adding at the end the following:

`(16) PENALTY FOR FAILURE TO PROVIDE OPPORTUNITY TO APPEAL ADVERSE DECISION- If the Secretary determines that a State to which a grant is made under section 403 for a fiscal year has violated section 408(a)(16) 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.'.

(1) IN GENERAL- Section 408(a) (42 U.S.C. 608(a) is further amended by adding at the end the following:

`(17) REQUIREMENT TO PROVIDE RECIPIENTS WITH A GRIEVANCE PROCEDURE- A State to which a grant is made under section 403 shall provide an applicant or recipient of assistance under the State program who is engaged in a work activity pursuant to section 407 with the same grievance procedure that is available to other workers at same site, or if there is no such procedure available, shall establish a system that provides for timely dispute resolution, does not limit preexisting fair hearing rights, and allows for an anonymous proceeding in appropriate circumstances.'.

(2) PENALTY- Section 409(a)(7)(B)(ii) (42 U.S.C. 609(a)(7)(B)(ii)) is further amended by adding at the end the following: `The applicable percentage otherwise in effect with respect to a State for a fiscal year shall be increased by 5 percentage points if the Secretary determines that in the preceding fiscal year the State failed to comply with section 408(a)(17).'.

SEC. 204. NOTIFICATION OF POTENTIAL SERVICES AND PROTECTIONS.

(a) STATE PLAN REQUIRED TO DESCRIBE HOW STATES WILL NOTIFY APPLICANTS AND RECIPIENTS OF THEIR RIGHTS UNDER THE PROGRAM AND OF POTENTIAL BENEFITS AND SERVICES AVAILABLE UNDER THE PROGRAM- Section 402(a)(1)(B)(iii) (42 U.S.C. 602(a)(1)(B)(iii)) is amended by inserting `and will notify applicants and recipients of assistance under the program of the rights of individuals under all laws applicable to program activities and of all potential benefits and services available under the program' before the period.

(b) REQUIREMENT TO PROVIDE NOTICE TO APPLICANTS AND RECIPIENTS OF RIGHTS AND OF POTENTIAL PROGRAM BENEFITS AND SERVICES, AND TRAIN PROGRAM PERSONNEL IN RESPECTING THE RIGHTS-

(1) IN GENERAL- Section 408(a) (42 U.S.C. 608(a)) is further amended by adding at the end the following:

`(18) REQUIREMENT TO PROVIDE NOTICE TO APPLICANTS AND RECIPIENTS OF RIGHTS AND OF POTENTIAL PROGRAM BENEFITS AND SERVICES, AND TRAIN PROGRAM PERSONNEL TO RESPECT THE RIGHTS- A State to which a grant is made under section 403 shall--

`(A) notify each applicant for, and each recipient of assistance under the program of the rights of applicants and recipients under all laws applicable to the activities of the State program funded under this part (including the right to claim good cause exceptions to program requirements), and shall provide the notice--

`(i) to a recipient when the recipient enters the program;

`(ii) to all such recipients on a semiannual basis; and

`(iii) orally and in writing, in the native language of the recipient and at a 6th grade level, and if the native language is not English, a culturally competent translation shall be provided; and

`(B) train all program personnel on a regular basis in how to carry out the program consistent with the rights.'.

SEC. 204. PENALTIES AGAINST INDIVIDUALS FOR UNJUSTIFIED REFUSAL TO WORK; ADDITIONAL JUSTIFICATIONS.

(a) IN GENERAL- Section 407(e) (42 U.S.C. 607(e)) is amended--

(1) by striking paragraph (1) and inserting the following:

`(1) IN GENERAL- Except as otherwise provided in this subsection, if an individual in a family receiving assistance under the State program funded under this part refuses to engage in work required in accordance with this section, the State shall, subject to such good cause and other exceptions as the State may establish, reduce the amount of assistance otherwise payable to the family on a pro rata basis, but to not less than the amount that would be payable to a family with the same number of children but with no adults, with respect to any period during a month in which the individual so refuses.';

(2) in paragraph (2)--

(A) by striking `EXCEPTION' and inserting `CHILD CARE EXCEPTION'; and

(B) by striking `proves that the individual has a demonstrated inability (as determined by the State)' and inserting `certifies that the individual is unable'; and

(3) by adding at the end the following:

`(3) ADDITIONAL CHILD CARE EXCEPTIONS- Notwithstanding paragraph (1), a State may not reduce or terminate assistance under the State program funded under this part based on a refusal of an individual to engage in work required in accordance with this section if the individual is a custodial parent or caretaker relative caring for--

disability

`(B) a child who has attained 6 years of age, and the individual does not have meaningful access to safe, appropriate, affordable, and quality after-school or summer care for the child.

DISABILITY

disability

`(5) MINIMUM WAGE EXCEPTION- Notwithstanding paragraph (1), a State may not impose a sanction under the State program funded under this part on the basis of the refusal of an individual to accept any employment (including any employment offered under the program), if the wage rate for the employment does not equal or exceed the greater of--

`(A) the minimum wage rate then in effect under section 6 of the Fair Labor Standards Act of 1938; or

`(B) any minimum wage rate prescribed by or under the law of the State.

`(6) DISCRIMINATION EXCEPTION-

`(A) IN GENERAL- Notwithstanding paragraph (1), a State may not reduce or terminate assistance under the State program funded under this part based on the failure of any individual to engage in work required in accordance with this section if the individual certifies in a manner described in subparagraph (B) that the individual has left or refused work based on discrimination.

`(B) CERTIFICATION- An individual may provide a certification required by subparagraph (A) by sworn written statement or by providing other documentation, including a police or court record or documentation by a shelter worker, an employee of a victim assistance program, an attorney, a member of the clergy, or a medical or other professional from whom the individual has sought assistance as a victim.'.

(b) CONFORMING AMENDMENTS- Section 409(a)(11) (42 U.S.C 609(a)(11)) is amended--

(1) in the paragraph heading, by striking `WHO CANNOT OBTAIN CHILD CARE FOR CHILD UNDER AGE 6' and inserting `WITH JUSTIFIED REFUSAL TO WORK'; and

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