[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4655 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4655

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 2, 2002

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

_______________________________________________________________________

                                 A BILL


 
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.''.
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