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S.2876
Building Secure and Healthy Families Act of 2002 (Introduced in
Senate)
SEC. 5. ENSURING SAFETY AND SELF-SUFFICIENCY FOR ALL TANF RECIPIENTS.
(a) ADDRESSING DOMESTIC OR SEXUAL VIOLENCE IN THE 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 OR 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 domestic or sexual violence is
comprehensively addressed, and a written document outlining how the State
will do the following:
`(i) Address the needs of applicants or recipients or their families
who are or have been subjected to domestic or sexual violence or are at
risk of future such violence, including how the State will--
`(I) have trained caseworkers identify, and, at the option of the
individual, assess individuals who are or have been subjected to
domestic or sexual violence or are at risk of future such
violence;
`(II) adequately inform each individual of eligibility and program
requirements, confidentiality provisions, domestic or sexual violence
services available within the community and within the program funded
under this part, good cause exemptions modification and waiver of
program requirements on the basis of domestic or sexual violence,
benefits eligibility for immigrant victims of domestic or sexual
violence, and the procedures to obtain such modifications, waivers,
benefits, and services;
`(III) refer individuals who are or have been subjected to
domestic or sexual violence or are at risk of future such violence to
community-based domestic or sexual violence programs or other
supportive services, modify or waive eligibility or program
requirements or prohibitions to address domestic or sexual violence
barriers, and ensure such individual's access to job training,
vocational rehabilitation, child care, and other employment-related
services as appropriate;
`(IV) implement procedures to maintain the privacy and
confidentiality of applicants and recipients identified as being or
having been subjected to domestic or sexual violence and restrict the
disclosure of any identifying information obtained through any process
or procedure implemented pursuant to this paragraph absent the
individual's written consent or unless otherwise required to do so
under law;
`(V) pursuant to a determination of good cause, waive, without
time limit, any Federal or State eligibility or program requirement or
prohibition for so long as necessary, in every case in which domestic
or sexual violence has been verified for any individual or family
receiving assistance under this part 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; and
`(VI) provide policies and procedures regarding verification of
past, present, or the risk of future domestic or sexual violence that
are flexible and not unduly burdensome, including accepting any one of
the following forms of verification: documentation from police, court,
medical or social service agencies, domestic or sexual violence
counselors or organizations or others who have had contact with the
applicant or recipient, written statements from third parties
knowledgeable of the individual's circumstances, and signed written
statements from the applicant or recipient.
`(ii) Coordinate or contract with State or tribal domestic or sexual
violence 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 or sexual
violence.
`(iii) Train caseworkers for recipients of assistance under the
State program funded under this part in--
`(I) the nature and dynamics of domestic or sexual violence and
the ways in which such violence may act to obstruct the economic
security or safety of the individual and any child of the
individual;
`(II) the standards, policies, and procedures implemented pursuant
to this part, including the individual'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, how to make effective
referrals for services, and how to modify eligibility and program
requirements and prohibitions to address domestic or 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 such requirements.
`(iv) At State option, enter into contracts with or employ qualified
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 meaning given the term `battered or subjected to
extreme cruelty' in section 408(a)(7)(C)(iii).
`(ii) QUALIFIED PROFESSIONAL- The term `qualified professional'
includes a State or local organization with recognized expertise in the
dynamics of domestic or sexual violence who has as one of its primary
purposes to provide services to victims of domestic or sexual violence,
such as a sexual assault crisis center or domestic or sexual violence
program, or an individual trained by such an organization.'.
(b) ASSESSMENT- Section 408(b) of the Social Security Act (42 U.S.C.
608(b)) is amended--
(1) in paragraph (1), in the matter preceding subparagraph (A), 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, child care needs,
insufficient housing, or transportation'; and
(2) in paragraph (2)(A)--
(A) in clause (iv), by striking `and' at the end;
(B) in clause (v), by striking the period 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 or are at risk for future such
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.'.
(c) REVIEW AND CONCILIATION PROCESS- Section 408(a) of the Social Security
Act (42 U.S.C. 608(a)), as amended by section 3, is amended by adding at the
end the following:
`(13) REVIEW AND CONCILIATION PROCESS FOR FAMILIES SUBJECTED TO DOMESTIC
OR SEXUAL VIOLENCE-
`(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 where domestic or sexual
violence is a significant contributing factor in the
noncompliance.
`(B) REQUIREMENT- Prior to imposing a sanction or penalty against an
individual under the State program funded under this part, the State
shall--
`(i) specifically consider whether the individual has been or is
being subjected to domestic or sexual violence; and
`(ii) if such violence is identified--
`(I) make a reasonable effort to modify or waive program
requirements or prohibitions; and
`(II) offer the individual referral to voluntary services to
address the violence.'.
(d) STATE OPTION TO INCLUDE SURVIVORS OF DOMESTIC OR SEXUAL VIOLENCE IN
WORK PARTICIPATION RATES- Section 407(c)(2) of the Social Security Act (42
U.S.C. 607(c)(2)) is amended by adding at the end the following:
`(E) STATE OPTION TO INCLUDE SURVIVORS OF DOMESTIC OR SEXUAL VIOLENCE-
For purposes of determining monthly participation rates under subsection
(b)(1)(B)(i), a State may deem an individual receiving services to address
having been or being subjected to domestic or sexual violence, or
receiving a waiver from program requirements under section 402(a)(7), as
being engaged in work for the month.'.
(e) AUTHORITY TO GRANT GOOD CAUSE DOMESTIC OR SEXUAL VIOLENCE WAIVERS FROM
20 PERCENT LIMITATION ON HARDSHIP EXCEPTION- Section 408(a)(7)(C)(ii) of the
Social Security Act (42 U.S.C. 608(a)(7)(C)(ii)) is amended--
(1) by striking `The average' and inserting the following:
`(I) IN GENERAL- The average'; and
(2) by adding at the end the following:
`(II) EXCEPTION- A State may exceed the 20 percent limitation
under subclause (I) in order to grant good cause waivers to extend the
time limit for receipt of assistance with respect to a family based on
the need for continued assistance due to current or past domestic or
sexual violence, or the risk of further violence.'.
(f) ANNUAL REPORTS ON IMPACT OF DOMESTIC OR SEXUAL VIOLENCE RULES,
SERVICES, AND PRACTICES- Section 411 of the Social Security Act (42 U.S.C.
611) is amended by adding at the end the following:
`(c) ANNUAL REPORTS ON IMPACT OF DOMESTIC OR SEXUAL VIOLENCE RULES,
SERVICES, AND PRACTICES-
`(1) STATE REPORTS- Not later than January of each fiscal year, each
State shall collect and report to the Secretary, with respect to the
preceding fiscal year, the following information, including any changes to
such information from reports for years previously submitted:
`(A) A copy of all rules and policies governing the State procedures
to address domestic or sexual violence, including State rules and policies
not required by Federal law.
`(B) The number and percentage of total applicants and recipients who
apply for waivers of program requirements and the number of such waivers
granted broken down by the type of program requirement waived (such as
work requirements and child support cooperation requirements) and by
race.
`(C) The following information, broken down by race:
`(i) The number of families who have been contacted for review and
conciliation prior to sanction under this part.
`(ii) The percentage of families at risk of sanction that are
identified as having been subjected to domestic or sexual
violence.
`(iii) The results of review and conciliation.
`(iv) The percentage of sanctioned families for whom domestic or
sexual violence was a factor leading to their inability to comply with
program requirements.
`(2) SECRETARY'S REPORT- Not later than June of each fiscal year, the
Secretary shall review and publish the State reports submitted under
paragraph (1).
`(3) USE OF DATA- For each State for which the data submitted under
paragraph (1) demonstrates racial inequalities and disparities in
implementation and impact, the Secretary shall initiate a review of State
practices funded under this part and shall work with the State to devise
programs and practices to ensure that the provisions of this part equitably
improve the circumstances of all applicants and recipients.'.
(g) TECHNICAL ASSISTANCE- Section 413 of the Social Security Act (42
U.S.C. 613), as amended by section 4(d)(2), is amended by adding at the end
the following:
`(l) TECHNICAL ASSISTANCE-
`(1) GRANTS AUTHORIZED- The Secretary shall make an award to a national
victim services organization or organizations to identify and provide
technical assistance with respect to model standards and procedures,
practices, and training designed to comprehensively address domestic or
sexual violence, including for survivors of such violence with multiple
barriers, and move individuals subjected to domestic or sexual violence into
employment without compromising the safety of the individual or of any child
of the individual.
`(2) GRANTS TO STATES- The Secretary shall provide grants to States and
localities to contract with a State or tribal domestic or sexual violence
coalition or joint domestic or 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) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to the Secretary--
`(A) to carry out paragraph (1), $1,000,000 for fiscal year 2003;
and
`(B) to carry out paragraph (2), not more than $10,000,000 for each of
fiscal years 2003 through 2007.'.
SEC. 6. CARING FOR A CHILD OR OTHER RELATIVE.
(a) INCLUSION OF CARE FOR A CHILD OR OTHER RELATIVE WITH A SERIOUS HEALTH
CONDITION OR A DISABILITY AND
ACTIVITIES DESIGNED TO ADDRESS BARRIERS IN WORK ACTIVITIES-
(1) IN GENERAL- Section 407 of the Social Security Act (42 U.S.C. 607)
is amended--
(i) in subparagraphs (A) and (B) of paragraph (1), by striking `or
(12)' each place it appears and inserting `(12), or (14)';
and
(ii) in paragraph (2), as amended by section 5(d), by adding at the
end the following:
`(F) CARING FOR A CHILD OR OTHER RELATIVE WHO HAS A SERIOUS HEALTH
CONDITION OR A DISABILITY -
For purposes of determining monthly participation rates under subsection
(b)(1)(B)(i), a recipient who is engaged in the provision of appropriate
care to a child or other relative who has a serious health condition or a
disability , in accordance
with subsection (d)(13)(B), shall be deemed to be engaged in work for a
month.'; and
(i) in paragraph (11), by striking `and' at the end;
(ii) in paragraph (12), by striking the period and inserting a
semicolon; and
(iii) by adding at the end the following:
`(13) the provision of care to--
`(A) one's own child who has not attained age 1 (or at State option,
up to age 3); or
`(B) one's own child or other relative who has a serious health
condition or a disability ;
and
`(14) attending health appointments or service plan meetings for a child
or other relative with a serious health condition or a disability , or participating in
training regarding care of a child or other relative with a serious health
condition or a disability
.'.
(2) CONFORMING AMENDMENT- Section 407(b) of the Social Security Act (42
U.S.C. 607(b)), is amended by striking paragraph (5).
(b) SCREENING, REFERRAL, AND ADJUSTMENT OF WORK REQUIREMENTS AS PART OF
INDIVIDUAL RESPONSIBILITY PLANS- Section 408(b)(2)(A) of the Social Security
Act (42 U.S.C. 608(b)(2)(A)), as amended by section 5(b)(2), is amended--
(1) in clause (vi), by striking `and' at the end;
(2) in clause (vii), by striking the period and inserting `; and';
and
(3) by adding at the end the following:
`(viii) includes screening, referral for appropriate services,
including child care needs (subject to clause (vii)), or adjustment of
work requirements for an individual who cares for a child or other
relative with a serious health condition or a disability or has unmet child
care needs.'.
(c) LIMITATION ON WORK REQUIREMENTS FOR PARENTS WITH CHILDREN-
(A) IN GENERAL- Section 407(c)(2)(B) of the Social Security Act (42
U.S.C. 607(c)(2)(B)) is amended to read as follows:
`(B) LIMITATION ON WORK REQUIREMENTS FOR PARENTS WITH
CHILDREN-
`(i) IN GENERAL- In the case of an individual who is a single
custodial parent, the following rules shall apply for purposes of
determining monthly participation rates under subsection
(b)(1)(B)(i):
`(I) SINGLE CUSTODIAL PARENT WITH CHILD UNDER AGE 6- A single
custodial parent of a child who has attained age 1 but has not
attained age 6 is deemed to be engaged in work for a month if the
recipient is engaged in work for an average of at least 20 hours per
week during the month.
`(II) SINGLE CUSTODIAL PARENT WITHOUT ACCESS TO BEFORE OR AFTER
SCHOOL CARE FOR A CHILD AGE 6 TO 13- A single custodial parent who has
certified a lack of meaningful access to before or after school care
for a child who has attained age 6 but has not attained age 13 is
deemed to be engaged in work for a month if the recipient is engaged
in work for an average of at least 20 hours per week during the
month.
`(ii) DEFINITION OF SINGLE CUSTODIAL PARENT- For purposes of this
subparagraph, the term `single custodial parent' means a custodial
parent (biological or adopted) who is the only able-bodied adult in the
household.
(2) REQUIREMENT TO EXEMPT RELATIVE CARETAKERS FROM WORK REQUIREMENTS AND
TO MAKE SUCH CARETAKERS ELIGIBLE FOR BENEFITS TO THE SAME EXTENT AS OTHER
ADULT RECIPIENTS- Section 408(a) of the Social Security Act (42 U.S.C.
608(a)), as amended by section 5(c) is amended by adding at the end the
following:
`(14) REQUIREMENT TO EXEMPT RELATIVE CARETAKERS FROM WORK REQUIREMENTS
AND TO MAKE SUCH CARETAKERS ELIGIBLE FOR BENEFITS TO THE SAME EXTENT AS
OTHER ADULT RECIPIENTS- A State to which a grant is made under section 403
shall--
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