S 2876 IS
107th CONGRESS
2d Session
S. 2876
To amend part A of title IV of the Social Security Act to promote
secure and healthy families under the temporary assistance to needy families
program, and for other purposes.
IN THE SENATE OF THE UNITED STATES
August 1, 2002
Mrs. MURRAY (for herself and Mr. WELLSTONE) introduced the following bill;
which was read twice and referred to the Committee on Finance
A BILL
To amend part A of title IV of the Social Security Act to promote
secure and healthy families under the temporary assistance to needy families
program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Building Secure and Healthy
Families Act of 2002'.
(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Promoting secure and healthy families fund.
Sec. 3. Equitable treatment for all families.
Sec. 4. Improvement of addressing the needs of teen parents.
Sec. 5. Ensuring safety and self-sufficiency for all TANF
recipients.
Sec. 6. Caring for a child or other relative.
Sec. 7. Elimination of full-family sanctions.
SEC. 2. PROMOTING SECURE AND HEALTHY FAMILIES FUND.
(a) IN GENERAL- Section 403(a)(2) of the Social Security Act (42 U.S.C.
603(a)(2)) is amended to read as follows:
`(2) GRANTS TO PROMOTE AND SUPPORT SECURE FAMILIES-
`(A) IN GENERAL- The Secretary shall provide grants to States and
localities for research, technical assistance, replication, and adaptation
of rigorously evaluated programs, and demonstration programs which are
evaluated by independent entities in accordance with generally accepted
evaluation criteria and methods (including, to the maximum extent
feasible, random assignment to service recipient and control groups)
established by the Secretary in the following areas:
`(i) Encouraging secure families through programs designed to
strengthen families through different approaches to income enhancement
(including programs that replicate or adapt the demonstration program
known as the `Minnesota Family Investment Program').
`(ii) Providing education, opportunity, and support to teens to
reduce first and subsequent pregnancies.
`(iii) Increasing the ability of low-income parents to financially
and emotionally support their children by securing and maintaining
employment and child care, fulfilling other basic needs such as housing,
hunger, and health care, paying child support, and caring for their
children independently or in the context of mutually respectful,
non-violent, and voluntary co-parenting relationships.
`(B) ALLOCATION OF FUNDS-
`(i) GRANTS IN EACH AREA- In making grants under this paragraph, the
Secretary shall ensure that not less than 30 percent of the funds made
available pursuant to this paragraph for a fiscal year are used in each
of the areas described in subparagraph (A).
`(ii) TECHNICAL ASSISTANCE- The Secretary may reserve an amount
equal to up to 5 percent of the funds appropriated under subparagraph
(F) for a fiscal year to provide technical assistance and to conduct
research through the Office of the Secretary regarding the grants made
under this paragraph.
`(C) GRANTEE REQUIREMENTS- An entity receiving a grant under this
paragraph shall--
`(i) consult and coordinate with domestic or sexual violence experts
and child advocates in developing project policies, procedures, and
training necessary to appropriately address domestic or sexual violence
and child abuse;
`(ii) provide notice to individuals, orally and in writing, that
participation in a program or activity funded under a grant made under
this paragraph is voluntary and that nonparticipation will not affect
the individual's eligibility for assistance or services under
needs-based assistance programs;
`(iii) offer benefits or services under a program or activity funded
under a grant made under this paragraph only to individuals who
voluntarily elect to receive such benefits or services;
`(I) condition benefits or services on marital status or family
structure;
`(II) counsel or encourage individuals who have been abused to
remain with an abusive partner;
`(III) adopt policies or procedures that make it more difficult
for an individual to leave an abusive or unhealthy
relationship;
`(IV) advocate for changes in State divorce or child custody laws;
or
`(V) provide funding for legal assistance in custody and
visitation matters; and
`(v) not disadvantage or treat individuals differently based on
marital status or family structure.
`(D) GRANTS SELECTION CRITERIA- The Secretary shall promulgate for
public comment criteria for selecting proposals to be funded with grants
made under this paragraph. Such criteria shall include, at a minimum, the
requirements specified in subparagraph (C) and this subparagraph,
including criteria that--
`(i) set forth a grant review process that--
`(I) includes independent experts, including individuals
receiving, or who have ceased to receive, assistance under the State
program funded under this part and individuals with expertise in
programs for low-income families, programs for low-income fathers who
are participants in a program funded under this part, programs
addressing teen pregnancy prevention, programs addressing teen
parenting or youth development, programs addressing domestic or sexual
violence, research related to such programs, or the administration of
such programs; and
`(II) provides that an individual shall not be involved in the
grant selection process if such involvement
would pose a conflict of interest for the individual;
`(ii) specify grantee qualifications and requirements, including
requirements that--
`(I) grant applications contain financial information, including a
copy of the applicant's most recent audit report; and
`(II) grantees agree to maintain such records, make such reports,
and cooperate with such reviews or audits as the Secretary may find
necessary for purposes of oversight of project activities and
expenditures;
`(iii) require grant projects funded under clause (i) or (iii) of
subparagraph (A) to predominantly direct resources to activities serving
low-income individuals or groups in low-income communities, couples, or
families; and
`(iv) specify that proposals which seek to replicate or adapt teen
pregnancy prevention programs that have been rigorously evaluated and
shown to be successful and that provide young women who become pregnant
with information about resources and opportunities that are available to
them, including the laws prohibiting discrimination against pregnancy in
education and employment, will be given priority within the allocation
made available for such projects.
`(i) CRITERIA- The Secretary shall contract with independent
entities to evaluate the effectiveness of projects funded under grants
made by this paragraph. Such evaluations shall--
`(I) include, to the maximum extent feasible, random assignment of
clients to service delivery and control groups and other appropriate
comparisons of groups of individuals receiving and not receiving
services;
`(II) describe and measure the effectiveness of the projects in
achieving their specific project goals; and
`(III) describe and assess, as appropriate, the impact of such
projects on marriage, parenting, domestic or sexual violence,
employment and earnings, payment of child support, child well-being,
health, and education.
`(I) ANNUAL DESCRIPTION OF USE OF FUNDS- Not later than 1 year
after the date of enactment of the Building Secure and Healthy
Families Act of 2002 and annually thereafter, the Secretary shall
submit a report to Congress describing the uses of the funds awarded
under this paragraph.
`(II) EVALUATION- Not later than January 1, 2006, the Secretary
shall submit to Congress a report evaluating the effectiveness of
programs funded under grants made under this section.
`(III) PUBLIC AVAILABILITY- The Secretary shall ensure that all
reports submitted to Congress in accordance with this clause are
publicly available.
`(iii) FUNDING- Of the amount appropriated under subparagraph (F)
for a fiscal year, the Secretary shall reserve an amount equal to 5
percent of such amount for each such fiscal year for the purpose of
carrying out the evaluations required under this
subparagraph.
`(F) APPROPRIATION- Out of any money in the Treasury of the United
States not otherwise appropriated, there are appropriated for each of
fiscal years 2003 through 2007, $100,000,000 for grants under this
paragraph.'.
(b) CONFORMING AMENDMENT- Section 402(a)(1)(A)(v) of the Social Security
Act (42 U.S.C. 602(a)(1)(A)(v)) is amended by striking `, and establish
numerical goals for reducing the illegitimacy ratio of the State (as defined
in section 403(a)(2)(C)(iii)) for calendar years 1996 through 2005'.
SEC. 3. EQUITABLE TREATMENT FOR ALL FAMILIES.
Section 408(a) of the Social Security Act (42 U.S.C. 608(a) is amended by
adding at the end the following:
`(12) NONDISCRIMINATION- A State to which a grant is made under section
403 shall not discriminate among needy families based on marital status or
family structure and shall not condition assistance upon participation in
activities or services funded under a grant made under section
403(a)(2).'.
SEC. 4. IMPROVEMENT OF ADDRESSING THE NEEDS OF TEEN PARENTS.
(a) AUTHORITY TO PROVIDE ASSISTANCE TO TEENAGE PARENTS IN ORDER FOR THE
PARENTS TO COMPLY WITH PROGRAM REQUIREMENTS-
Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is
amended--
(A) by striking `A State' and inserting the following:
`(A) IN GENERAL- Subject to subparagraph (B), a State';
(B) by striking `participate in' and all that follows through the
period and inserting `participate in educational activities directed
toward the attainment of a high school diploma or its equivalent or an
alternative educational or training program that has been approved by the
State.'; and
(C) by adding at the end the following:
`(B) EXCEPTION- A State may elect to provide assistance for a period
determined by the State (not to exceed the greater of 90 days or until the
educational activities in which the parent is enrolled begins) to assist
the parent to come into compliance with the requirements of this
paragraph.'; and
(A) in subparagraph (A)(i), by striking `subparagraph (B)' and
inserting `subparagraphs (B) and (C)';
(B) in subparagraph (B), in the heading, by striking `EXCEPTION' and
inserting `LOCATING APPROPRIATE LIVING ARRANGEMENTS'; and
(C) by adding at the end the following:
`(C) EXCEPTION- A State may elect to provide assistance for a period
determined by the State (not to exceed 90 days) to assist the parent to
come into compliance with the requirements of this paragraph.'.
(b) INCLUSION OF TEEN PARENTS ATTENDING SCHOOL IN WORK PARTICIPATION
RATES- Section 407(c)(2)(C) of the Social Security Act (42 U.S.C.
607(c)(2)(C)) is amended to read as follows:
`(C) TEEN HEAD OF HOUSEHOLD WHO MAINTAINS SATISFACTORY SCHOOL
ATTENDANCE DEEMED TO BE MEETING WORK PARTICIPATION REQUIREMENTS- For
purposes of determining monthly participation rates under subsection
(b)(1)(B)(i)--
`(i) a recipient who is a head of household and has not yet attained
age 20 is deemed to be engaged in work for a month in a fiscal year if
the recipient--
`(I) maintains satisfactory attendance at secondary school or the
equivalent during the month;
`(II) participates in education directly related to employment,
including vocational education and training for nontraditional jobs,
for at least 20 hours per week; or
`(III) participates in post-secondary education, including study
time for not less than 1 hour, nor more than 2 hours, per every class
hour, for at least 20 hours per week; or
`(ii) a recipient who is a head of household is deemed to be engaged
in work for a month in a fiscal year if the recipient is participating
in a continuous course or program of education or training described in
clause (i) that the individual began before attaining age
20.'.
(c) EXCLUSION FROM TIME LIMIT FOR RECEIPT OF ASSISTANCE- Section 408(a)(7)
of the Social Security Act (42 U.S.C. 608(a)(7)) is amended by adding at the
end the following:
`(H) TEEN PARENTS- In determining the number of months for which an
individual has received assistance under the State program funded under
this part, the State shall disregard any month during which a head of
household, who has not yet attained age 20, is satisfactorily
participating in a course or program of education or training, including
secondary school or its equivalent, vocational education, or
post-secondary school.'.
(d) REPORTS ON TEEN PREGNANCIES AND TEEN PARENTS-
(1) ELIMINATION FROM SECRETARIAL REPORT OF OUT-OF-WEDLOCK PREGNANCIES
AND INCLUSION OF TEENAGE PREGNANCIES- Section 411(b)(1)(B)(ii) of the Social
Security Act (42 U.S.C. 611(b)(1)(B)(ii)) is amended by striking
`out-of-wedlock' and inserting `teenage'.
(2) STUDIES ON TEEN PARENTS- Section 413 of the Social Security Act (42
U.S.C. 613) is amended by adding at the end the following:
`(k) TEEN PARENT STUDY AND REPORT-
`(1) STUDY OF TANF RECIPIENTS- The Secretary shall conduct a study of a
representative sample of recipients of assistance under State programs
funded under this part who are parents and have not attained age 20 to
determine the following:
`(A) Whether State data on the number of such recipients is accurately
reflected in Federal data, including an examination of the extent to which
such recipients who are members of a family are not reflected in the data,
and an examination of the extent to which Federal estimation methods do
not reflect the number of such recipients in a State.
`(B) What assessment procedures are utilized with such recipients, and
whether there appear to be best practices that consider such issues as
whether the recipient has an educational barrier such as a learning
disability or mental health problem.
`(C) Whether localities appear to have adequate and appropriate
services that meet the needs of such recipients in areas such as infant
care, education, training, and mental health, for services such as
appropriate housing, mental health, and alternative education, whether
staff assist teen parents in researching and locating such services
including an appropriate living arrangement, and the extent to which such
recipients who have not completed high school or the equivalent are
encouraged to engage in education or work.
`(D) How State rules providing that, in determining the eligibility of
such a recipient for such assistance, the income of the recipient is
deemed to include the income of any parents with whom the recipient is
living, appear to have affected the extent to which such a recipient who
is a member of a family with income less than 200 percent of the poverty
line (as defined in section 673(2) of the Omnibus Budget Reconciliation
Act of 1981, including any revision required by such section, applicable
to a family of the size involved) is able to participate in a State
program funded under this part.
`(E) Demographic information such as--
`(i) the age of such recipients;
`(ii) the amount of time such recipients received such assistance in
a given year;
`(iii) the number of children that such recipients have;
`(iv) school attainment by such recipients, by age;
`(v) the employment status of such recipients, such as whether a
recipient has ever worked or has worked while in school; and
`(vi) the child care arrangements of such recipients.
`(2) STUDY OF LOW-INCOME TEEN PARENTS WHO ARE NOT TANF RECIPIENTS- The
Secretary shall conduct a study of a representative sample of low-income (as
determined by the Secretary) teen parents who are not recipients of
assistance under a State program funded under this part to determine the
following:
`(A) Whether the teen parent sought to apply for such
assistance.
`(B) Whether a teen parent who indicated to a State a desire to apply
for such assistance received an application for such assistance.
`(C) Whether a teen parent who applied for such assistance was
subsequently contacted by the State agency responsible for operating a
State program funded under this part.
`(3) REPORT TO THE CONGRESS-
`(A) IN GENERAL- Within 3 years after the date of enactment of this
subsection, the Secretary shall submit to Congress a report that contains
the findings of the study required by this subsection and recommendations
regarding such issues as how to improve data reporting, State plans, State
`best practice' information-sharing, and assessments.
`(B) ADVISORY GROUP- The Secretary shall establish an advisory group
consisting of representatives from not more than 6 organizations that work
with parents who have not attained age 20, to provide advice to the
Secretary on questions relating to such parents that should be
investigated and to provide comments to accompany the recommendations in
the report required by subparagraph (A). The advisory group established
under this subparagraph shall include a representative from the
Association of Maternal and Child Health Programs, the National
Organization on Adolescent Pregnancy Parenting and Prevention and a single
parent receiving assistance under the State program funded under this part
who has not attained age 20.
`(l) STUDY REGARDING SANCTIONS IMPOSED ON TEEN PARENTS-
`(1) IN GENERAL- The Secretary, directly or through grants, contracts,
or interagency agreements, shall conduct a multi-State study regarding
sanctions imposed on teen parents to examine the nature, extent, and impact
of such sanctions.
`(2) CONTENTS- The study conducted pursuant to paragraph (1) shall
include information on--
`(A) which rules are generating the most sanctions;
`(B) whether families with teen parents and those headed by teen
parents are sanctioned at rates higher than families headed by
adults;
`(C) whether sanction policies are understood by teen parents in
advance of sanction;
`(D) whether sanction notice procedures and mechanisms for cure are
understood by teen parents;
`(E) whether sanction notice procedures and mechanisms for cure are
understood by local welfare officials;
`(F) best practices from the study sites or elsewhere that would help
States improve their sanctions systems;
`(G) what is known about the impacts of sanctions on families with
teen parents; and
`(H) how a State might best collect and analyze local teen parent
sanction data in order to use the data as an in-State program management
tool.
`(3) REPORT TO CONGRESS- Not later than September 30, 2004, the
Secretary shall submit to Congress the results of the study conducted
pursuant to paragraph (1).'.
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--
`(A) exempt any caretaker who is a relative of a child eligible for
assistance under this part (other than a parent of the child) from any
work requirement imposed under this part;
`(B) not consider a family that includes such a relative caretaker as
a family receiving assistance under the State program funded under this
part for purposes of determining monthly participation rates under section
407(b) unless the relative caretaker is voluntarily working, and the State
has assessed the needs of the kinship care family and provided the family
with, or referred the family for, appropriate services, in which case the
State may opt to include such caretaker in the calculation of such rates;
and
`(C) make such a relative caretaker eligible for any benefit or
service funded under this part to the same extent as other adult
recipients of assistance under the State program funded under this part
are eligible for such benefits or services.'.
(B) CONFORMING AMENDMENT TO TIME LIMIT FOR RECEIPT OF ASSISTANCE-
Section 408(a)(7)(A) of the Social Security Act (42
U.S.C. 608(a)(7)(A)) is amended by inserting `who is the birth or adoptive
parent of a child in the family and' after `adult'.
(d) PROTECTIONS FOR FAMILIES- Section 407(e)(2) of the Social Security Act
(42 U.S.C. 607(e)) is amended to read as follows:
`(2) EXCEPTION FOR LACK OF CHILD CARE- 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 single
custodial parent (as defined in subsection (c)(2)(B)(ii)) caring for a child
who has not yet attained age 13 and certifies that the individual does not
have meaningful access to safe, appropriate, affordable and quality care for
the child.'.
(e) TREATMENT OF CARE FOR A CHILD'S OR OTHER RELATIVE'S HEALTH NEEDS AS A
WORK ACTIVITY- Section 407(c)(2) of the Social Security Act (42 U.S.C.
607(c)(2)), as amended by subsection (a)(1)(A)(ii), is amended by adding at
the end the following:
`(G) ALLOWANCE FOR CARE FOR A CHILD'S OR OTHER RELATIVE'S HEALTH
NEEDS- For purposes of determining monthly participation rates under
subsection (b)(1)(B)(i), the State may, in determining hours of
participation--
`(i) make reasonable allowances for absences of a participant
necessary to care for a child's or other relative's health needs, or the
health needs of the participant; and
`(ii) make such other reasonable allowances for absences of a
participant as the State determines appropriate, in a manner consistent
with the State's leave policies generally applicable to State
employees.'.
(f) EXCEPTION TO TIME LIMIT FOR FAMILIES CARING FOR A CHILD OR OTHER
RELATIVE WITH A SERIOUS HEALTH CONDITION OR A DISABILITY- Section 408(a)(7) of
the Social Security Act (42 U.S.C. 608(a)(7)), as amended by section 4(c), is
amended by adding at the end the following:
`(I) EXCEPTION TO TIME LIMIT FOR FAMILIES CARING FOR SERIOUSLY ILL OR
DISABLED CHILD OR DEPENDENT ADULT- For purposes of subparagraph (A), a
benefit provided to a family during a month under the State program funded
under this part shall not be considered assistance under the program if,
during the month, the parent or caretaker relative for the family was
engaged in caring for a child or other relative who has a serious health
condition or a disability.'.
(g) NOTICE- Section 408(b)(2)(A) of the Social Security Act (42 U.S.C.
608(b)(2)(A)), as amended by subsection (b), is amended--
(1) in clause (vii), by striking `and' at the end;
(2) in clause (viii), by striking the period and inserting `; and';
and
(3) by adding at the end the following:
`(ix) documents the individual's receipt of adequate notice of any
child care assistance and any child care-related protections or
exemptions from program requirements for which the individual may be
eligible.'.
(h) CHILD CARE REVIEW AND CONCILIATION- Section 408(a) of the Social
Security Act (42 U.S.C. 608(a)), as amended by section 6(c)(2), is amended by
adding at the end the following:
`(15) REVIEW AND CONCILIATION PROCESS FOR NONCOMPLIANCE WHERE LACK OF
MEANINGFUL ACCESS TO CHILD CARE IS A SIGNIFICANT CONTRIBUTING FACTOR-
`(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 lack of meaningful
access to child care 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 lacks access to
safe, appropriate, affordable, quality child care;
`(ii) if a lack of access to child care is identified, provide
information regarding child care assistance for which the individual or
family may be eligible; and
`(iii) modify or waive program requirements as necessary with
respect to the individual or family.'.
SEC. 7. ELIMINATION OF FULL-FAMILY SANCTIONS.
Section 407(e)(1) of the Social Security Act (42 U.S.C. 607(e)(1)) is
amended by striking `the State shall' and all that follows through the period
and inserting the following `the State shall reduce the amount of assistance
otherwise payable to the family pro rata with respect to any period during a
month in which the individual so refuses, subject to such good cause and other
exceptions as the State may establish.'.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act take effect on October 1, 2002.
END