I
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 vio-
lence in their temporary assistance to needy families
program.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Safety and Self-Suffi-
ciency 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 certifi-
cation by the chief executive officer of the State
that the State has established and is enforcing
standards and procedures to ensure that domes-
tic and sexual violence is comprehensively ad-
dressed, and a written document outlining how
the State will do the following:
‘‘(i) ADDRESS
NEEDS
OF
RECIPI-
ENTS.—Address the needs of a recipient of
assistance under the State program funded
under this part who is or has been sub-
jected to domestic or sexual violence, in-
cluding how the State will—
‘‘(I) have trained caseworkers
screen, and, at the option of such a
recipient, assess and identify individ-
uals 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 waiv-
ers 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 sup-
portive services, modify or waive eligi-
bility or program requirements or pro-
hibitions to address domestic violence
and sexual assault barriers, and en-
sure 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 im-
plemented 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 re-
ceiving such assistance has been iden-
tified as having been subjected to do-
mestic or sexual violence, and the re-
quirement makes it more difficult for
the individual to address, escape or
recover from the violence, unfairly pe-
nalizes the individual, or makes the
individual or any child of the indi-
vidual unsafe.
‘‘(ii) COORDINATION.—Coordinate or
contract with State or tribal domestic vio-
lence coalitions, sexual assault coalitions,
or domestic or sexual violence programs in
the development and implementation of
standards, procedures, training, and pro-
grams 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 ob-
struct 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 vio-
lence creates barriers to compliance,
and how to make effective referrals
for services and modify eligibility and
program requirements and prohibi-
tions 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
PROFES-
SIONALS.—At State option, enter into con-
tracts with or employ qualified domestic vi-
olence 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
VIO-
LENCE.—The term ‘domestic or sexual vio-
lence’ 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
DE-
FINED.—The term qualified professional’
includes a State or local victim services or-
ganization 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 organi-
zation.’’.
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 employ-
ability’’ and inserting ‘‘employability, and potential
barriers, including domestic or sexual violence, men-
tal 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 re-
ceipt of adequate notice of program re-
quirements, confidentiality provisions, as-
sessment and program services, and waiv-
ers 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 domes-
tic 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 im-
pose a sanction or penalty against an individual
under the State program funded under this
part on the basis of noncompliance by an indi-
vidual or family with a program requirement, if
domestic or sexual violence is a significant con-
tributing factor in the noncompliance.
‘‘(B) CONSIDERATIONS.—Before so impos-
ing a sanction or penalty against an individual,
the State shall specifically consider whether the
individual has been or is being subjected to do-
mestic 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 con-
sider 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 SEX-
UAL VIOLENCE FROM 20 PERCENT LIMITA-
TION 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 fol-
lowing:
‘‘(i) IN GENERAL.—The State may ex-
empt a family from the application of sub-
paragraph (A)—
‘‘(I) by reason of hardship; or
‘‘(II) if the family includes an in-
dividual who has been subjected to do-
mestic 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 ORGANIZA-
TIONS.—The Secretary shall make a grant to one or
more national victims services organizations for the
purpose of identifying and providing technical assist-
ance with respect to model standards and proce-
dures, practices and training designed to comprehen-
sively address domestic and sexual violence, includ-
ing for individuals with multiple barriers to employ-
ment or compliance with program requirements, and
move individuals subjected to domestic or sexual vio-
lence 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 vio-
lence coalition to—
‘‘(A) provide training to caseworkers and
technical assistance regarding screening, assess-
ing, and providing services to address domestic
or sexual violence, modifying or waiving eligi-
bility or program requirements or prohibitions,
and assisting individuals subjected to domestic
or sexual violence to secure and retain employ-
ment; and
‘‘(B) develop and implement demonstration
projects to promote best practices in serving in-
dividuals who have been subjected to domestic
or sexual violence, with priority given to pro-
grams that contract with qualified profes-
sionals.
‘‘(3) LIMITATIONS ON AUTHORIZATION OF AP-
PROPRIATIONS.—
‘‘(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 per-
cent of the State family assistance grant for such
succeeding fiscal year.’’.
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