[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2876 Introduced in Senate (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. 8. Effective date.
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;
``(iv) not--
``(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.
``(E) Evaluation.--
``(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.
``(ii) Reports.--
``(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--
(1) in paragraph (4)--
(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
(2) in paragraph (5)--
(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--
(A) in subsection (c)--
(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
(B) in subsection (d)--
(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.--
(1) In general.--
(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.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S7941-7942)
Read twice and referred to the Committee on Finance.
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