[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1364 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1364

    To amend title IV of the Social Security Act to increase public 
 awareness regarding the benefits of lasting and stable marriages and 
   community involvement in the promotion of marriage and fatherhood 
  issues, to provide greater flexibility in the Welfare-to-Work grant 
 program for long-term welfare recipients and low income custodial and 
             noncustodial parents, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 1999

 Mr. Bayh (for himself, Mr. Domenici, Mrs. Lincoln, Mr. Lieberman, Ms. 
 Landrieu, Mr. Graham, Mr. Lugar, Mr. Voinovich, Mr. Robb, Mr. Breaux, 
Mr. Edwards, and Mr. Bingaman) introduced the following bill; which was 
          read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
    To amend title IV of the Social Security Act to increase public 
 awareness regarding the benefits of lasting and stable marriages and 
   community involvement in the promotion of marriage and fatherhood 
  issues, to provide greater flexibility in the Welfare-to-Work grant 
 program for long-term welfare recipients and low income custodial and 
             noncustodial parents, 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.

    This Act may be cited as the ``Responsible Fatherhood Act of 
1999''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) nearly 25 million children in the United States, or 36 
        percent of all such children, live apart from their biological 
        father;
            (2) 60 percent of couples who divorce have at least 1 
        child;
            (3) the number of children living with only a mother 
        increased from just over 5,000,000 in 1960, to 17,000,000 in 
        1999, and between 1981 and 1991 the percentage of children 
        living with only 1 parent increased from 19 percent to 25 
        percent;
            (4) 40 percent of children who live in households without a 
        father have not seen their father in at least 1 year and 50 
        percent of such children have never visited their father's 
        home;
            (5) children who live without contact with their biological 
        father are, in comparison to children who have such contact--
                    (A) 5 times more likely to live in poverty;
                    (B) more likely to bring weapons and drugs into the 
                classroom;
                    (C) twice as likely to commit crime;
                    (D) twice as likely to drop out of school;
                    (E) twice as likely to be abused;
                    (F) more likely to commit suicide;
                    (G) more than twice as likely to abuse alcohol or 
                drugs; and
                    (H) more likely to become pregnant as teenagers;
            (6) violent criminals are overwhelmingly males who grew up 
        without fathers and the best predictor of crime in a community 
        is the percentage of absent father households;
            (7) compared with Great Britain, Canada, Australia, 
        Germany, and Italy, the United States has the highest 
        percentage of single parent households with dependent children;
            (8) 70 percent of United States citizens believe that the 
        most significant family or social problem facing the United 
        States is the physical absence of the father from the home, 
        resulting in a lack of involvement of fathers in the rearing 
        and development of children;
            (9) States should be encouraged, not restricted, from 
        implementing programs that provide support for responsible 
        fatherhood, promote marriage, and increase the incidence of 
        marriage;
            (10) there is a social need to reconnect children and 
        fathers;
            (11) the promotion of responsible fatherhood and 
        encouragement of two-parent families should not--
                    (A) denigrate the standing or parenting efforts of 
                single mothers; or
                    (B) lessen the protection of children from abusive 
                parents;
        but should increase the chance that children will have two 
        caring parents to help them grow up healthy and secure;
            (12) for the future of the United States and the future of 
        our children, Congress, States, and local communities should 
        assist parents to become more actively involved in their 
        children's lives; and
            (13) child support is an important means by which a parent 
        can take financial responsibility for a child and emotional 
        support is an important means by which a parent can take social 
        responsibility for a child.

   TITLE I--PUBLIC AWARENESS AND COMMUNITY INVOLVEMENT IN FATHERHOOD 
                                 ISSUES

SEC. 101. GRANTS TO STATES TO ENCOURAGE MEDIA CAMPAIGNS.

    Part D of title IV of the Social Security Act (42 U.S.C. 670 et 
seq.) is amended by adding at the end the following:

``SEC. 469C. GRANTS TO STATES TO ENCOURAGE MEDIA CAMPAIGNS PROMOTING 
              FATHERHOOD SKILLS.

    ``(a) Definitions.--In this section:
            ``(1) Children at risk.--The term `children at risk' means 
        a young child whose family income does not exceed 200 percent 
        of the poverty line.
            ``(2) Media campaign.--The term `media campaign' includes 
        any communication or series of communications prepared for 
        distribution through a broadcasting station, newspaper, 
        magazine, outdoor advertising facility, mailing, or any other 
        type of general public advertising.
            ``(3) State.--The term `State' means any of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the United States Virgin Islands, Guam, American Samoa, 
        and the Commonwealth of the Northern Mariana Islands.
            ``(4) Young child.--The term `young child' means an 
        individual under age 5.
    ``(b) In General.--The Secretary shall award grants in accordance 
with this section to States for the purpose of encouraging States--
            ``(1) to develop and carry out media campaigns, in 
        conjunction with local and private organizations within the 
        State, that promote the formation and maintenance of married 
        two-parent families, strengthen fragile families, and promote 
        responsible fatherhood; and
            ``(2) to obtain donations of media access necessary for 
        such campaigns.
    ``(c) Amount of Grant.--The amount of the grant to be made to a 
State under this section for a fiscal year shall be an amount equal to 
the lesser of--
            ``(1) 100 percent of State expenditures during the fiscal 
        year for activities described in subsection (b); or
            ``(2) the allotment of the State under subsection (d) for 
        the fiscal year.
    ``(d) Allotments to States.--From the funds appropriated under 
subsection (i) for making grants under this section for the fiscal 
year, the allotment of a State for a fiscal year is equal to the sum 
of--
            ``(1) an amount that bears the same ratio to 50 percent of 
        such funds as the number of young children in the State bears 
        to the number of such children in all States; and
            ``(2) an amount that bears the same ratio to 50 percent of 
        such funds as the number of children at risk in the State bears 
        to the number of such children in all States.
    ``(e) Use of Funds.--The chief executive officer of a State 
receiving a grant under this section shall certify that--
            ``(1) 50 percent of such funds shall be used to strengthen 
        fragile families and promote responsible fatherhood; and
            ``(2) 50 percent of such funds shall be used to promote the 
        formation and maintenance of married two-parent families.
    ``(f) State Expenditures.--
            ``(1) Cash or in kind.--State expenditures under subsection 
        (c)(1) may be in cash or in kind, including equipment or 
        services contributed directly or through donations from public 
        entities or private nonprofit organizations, including 
        charitable and religious organizations. Amounts provided by the 
        Federal Government, or services assisted or subsidized to any 
        significant extent by the Federal Government, may not be 
        included in determining the amount of such State expenditures.
            ``(2) No credit for pre-award expenditures.--Only State 
        expenditures made after a grant has been awarded under this 
        section may be counted for purposes of determining whether the 
        State has satisfied the expenditure requirement under 
        subsection (c)(1).
    ``(g) National Clearinghouse.--From the funds appropriated under 
subsection (i) for the fiscal year to carry out programs under this 
subsection, the Secretary shall contract with a nationally recognized, 
nonprofit, fatherhood promotion organization with at least 4 years of 
experience in designing and disseminating a national public education 
campaign, including the production and successful placement of 
television, radio, and print public service announcements which promote 
the importance of responsible fatherhood, and with at least 4 years 
experience providing consultation and training to community based 
organizations interested in implementing fatherhood outreach, support, 
or skills programs with an emphasis on promoting married fatherhood as 
the ideal, such as the National Fatherhood Initiative, to--
            ``(1) develop, promote, and distribute to interested 
        States, local governments and public agencies, and private 
        nonprofit organizations, including charitable and religious 
        organizations, a media campaign that encourages the appropriate 
        involvement of both parents in the life of any child of the 
        parents, with a priority for programs that specifically address 
        the issue of responsible fatherhood; and
            ``(2) develop a national clearinghouse to assist States and 
        communities in efforts to promote and support responsible 
        fatherhood by collecting, evaluating, and making available 
        (through the Internet and by other means) to other States, 
        information regarding media campaigns and programs instituted 
        by States using the funds available under this section.
    ``(h) State Administration.--Each State to which a grant is made 
under this section--
            ``(1) may administer State programs funded with the grant 
        directly or through grants to or contracts with local 
        governments and public agencies, and private nonprofit 
        organizations, including charitable and religious 
        organizations; and
            ``(2) shall monitor, evaluate, and annually report on such 
        programs to the Secretary in such manner as the Secretary 
        determines in consultation with the States.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $25,000,000 for each fiscal year beginning on or 
        after October 1, 1999, for the purpose of making grants under 
        this section; and
            ``(2) $2,000,000 for each such fiscal year for the purposes 
        of carrying out programs under subsection (g).''.

SEC. 102. RESPONSIBLE FATHERHOOD BLOCK GRANT.

    (a) Grant.--Section 403(a)(5) of the Social Security Act (42 U.S.C. 
603(a)(5)) is amended by adding at the end the following:
                    ``(K) Responsible fatherhood block grant.--
                            ``(i) Definitions.--In this subparagraph:
                                    ``(I) Children at risk.--The term 
                                `children at risk' means a young child 
                                whose family income does not exceed 200 
                                percent of the poverty line.
                                    ``(II) State.--The term `State' 
                                means any of the several States, the 
                                District of Columbia, the Commonwealth 
                                of Puerto Rico, the United States 
                                Virgin Islands, Guam, American Samoa, 
                                and the Commonwealth of the Northern 
                                Mariana Islands.
                                    ``(III) Young child.--The term 
                                `young child' means an individual under 
                                age 5.
                            ``(ii) Authority.--The Secretary shall 
                        award grants to States in accordance with this 
                        subparagraph to encourage States to provide 
                        support for the efforts of local governments 
                        and public agencies, and private nonprofit 
                        organizations, including charitable and 
                        religious organizations, to promote the 
                        formation and maintenance of married two-parent 
                        families, strengthen fragile families, and 
                        promote responsible fatherhood.
                            ``(iii) Requirement of matching funds.--
                                    ``(I) In general.--To be eligible 
                                to receive a grant under this 
                                subparagraph, the State shall agree to 
                                make available (directly or through 
                                donations from public entities or 
                                profit or nonprofit organizations, 
                                including charitable and religious 
                                organizations) non-Federal 
                                contributions toward the costs of the 
                                activities to be carried out by a State 
                                pursuant to clause (v) in an amount 
                                that is not less than 25 percent of 
                                such costs.
                                    ``(II) Determination of amount 
                                contributed.--Non-Federal contributions 
                                required in subclause (I) may be in 
                                cash or in kind, fairly evaluated, 
                                including equipment or services. 
                                Amounts provided by the Federal 
                                Government, or services assisted or 
                                subsidized to any significant extent by 
                                the Federal Government, may not be 
                                included in determining the amount of 
                                such non-Federal contributions.
                            ``(iv) Allotments to states.--From the 
                        funds appropriated under clause (viii) for 
                        grants under this subparagraph for the fiscal 
                        year, the allotment of a State for such fiscal 
                        year is equal to the sum of--
                                    ``(I) an amount that bears the same 
                                ratio to 50 percent of such funds as 
                                the number of young children in the 
                                State bears to the number of such 
                                children in all States; and
                                    ``(II) an amount that bears the 
                                same ratio to 50 percent of such funds 
                                as the number of children at risk in 
                                the State bears to the number of such 
                                children in all States.
                            ``(v) Use of funds.--
                                    ``(I) In general.--A State that 
                                receives a grant under this 
                                subparagraph shall use the funds 
                                received to support programs of local 
                                governments and public agencies, and 
                                private nonprofit organizations, 
                                including charitable and religious 
                                organizations, that encourage the 
                                appropriate involvement of both parents 
                                in the life of any child of the 
                                parents, with a priority for programs 
                                that specifically address the issue of 
                                responsible fatherhood, promote the 
                                formation and maintenance of married 
                                two-parent families, and strengthen 
                                fragile families.
                                    ``(II) Certification of set-
                                aside.--The chief executive officer of 
                                a State receiving funds under this 
                                subparagraph shall certify that--
                                            ``(aa) 50 percent of such 
                                        funds shall be used to 
                                        strengthen fragile families and 
                                        promote responsible fatherhood; 
                                        and
                                            (bb) 50 percent of such 
                                        funds shall be used to promote 
                                        the formation and maintenance 
                                        of married two-parent families.
                                    ``(III) Supplement not supplant.--
                                            ``(aa) In general.--Except 
                                        as provided in item (bb), 
                                        amounts paid to a State under 
                                        this subparagraph shall be used 
                                        to supplement and not supplant 
                                        other Federal, State, or 
local funds provided to the State under this part or any other 
provision of law.
                                            (bb) Exception.--Item (aa) 
                                        shall not apply to amounts 
                                        provided to the State under 
                                        this part.
                            ``(vi) State administration.--Each State to 
                        which a grant is made under this subparagraph 
                        shall monitor, evaluate, and provide a report 
                        on programs funded with this grant to the 
                        Secretary in such manner as the Secretary 
                        determines in consultation with the States.
                            ``(vii) Coordination with other 
                        provisions.--
                                    ``(I) For purposes of this 
                                subparagraph, the limitations contained 
                                in subparagraph (C) shall not apply.
                                    ``(II) For purposes of sections 
                                404, 405, 407, and 408, a grant under 
                                this subparagraph shall not be 
                                considered to be a grant made under 
                                section 403.
                            ``(viii) Authorization of appropriations.--
                        There are authorized to be appropriated to 
                        carry out this subparagraph, $50,000,000 for 
                        each fiscal year beginning on or after October 
                        1, 1999, for the purpose of making grants under 
                        this subparagraph.''.
    (b) Conforming Amendment.--Section 403(a)(5)(I)(i) of the Social 
Security Act (42 U.S.C. 603(a)(5)(I)(i)) is amended by inserting 
``(other than grants under subparagraph (K))'' before the period.

          TITLE II--REMOVAL OF BURDENSOME FEDERAL RESTRICTIONS

SEC. 201. WELFARE-TO-WORK PROGRAM GRANT MODIFICATIONS.

    (a) Modification of Recipient Requirements.--Clause (ii) of section 
403(a)(5)(C) of the Social Security Act (42 U.S.C. 603(a)(5)(C)) is 
amended--
            (1) in the matter preceding subclause (I), by inserting ``, 
        as applicable'' after ``subclauses''; and
            (2) in subclause (I)--
                    (A) in the matter preceding item (aa)--
                            (i) by striking ``2'' and inserting ``1'';
                            (ii) by striking ``apply'' and inserting 
                        ``applies''; and
                            (iii) by striking ``or the noncustodial 
                        parent'';
                    (B) in item (aa), by striking ``, and has low 
                skills in reading or mathematics'';
                    (C) by redesignating items (bb) and (cc) as items 
                (cc) and (dd), respectively; and
                    (D) by inserting after item (aa) the following:
                                            ``(bb) The individual has 
                                        low skills in reading or 
                                        mathematics.''.
    (b) Requirements for Custodial and Noncustodial Parents.--Clause 
(ii) of section 403(a)(5)(C) of the Social Security Act (42 U.S.C. 
603(a)(5)(C)) is amended--
            (1) by redesignating subclause (II) as subclause (IV); and
            (2) by inserting after subclause (I), the following:
                                    ``(II) At least 1 of the following 
                                applies to the recipient or the 
                                noncustodial parent:
                                            ``(aa) The individual is 
                                        unemployed.
                                            ``(bb) The individual is 
                                        underemployed.
                                            ``(cc) The individual is 
                                        having difficulty in paying 
                                        child support obligations.
                                            ``(dd) The income of the 
                                        individual is not greater than 
                                        200 percent of the poverty 
                                        line.
                                    ``(III) At least 1 of the following 
                                applies to a minor child of the 
                                noncustodial parent or the recipient:
                                            ``(aa) The minor child of 
                                        the recipient or the recipient 
                                        meets the requirements of 
                                        subclause (IV).
                                            ``(bb) The minor child is 
                                        eligible for, or is receiving, 
                                        benefits under the program 
                                        funded under this part.
                                            ``(cc) The minor child 
                                        received benefits under the 
                                        program funded under this part 
                                        in the 12-month period 
                                        preceding the date of the 
                                        determination but no longer 
                                        receives such benefits.
                                            ``(dd) The minor child is 
                                        eligible for, or is receiving, 
                                        assistance under the Food Stamp 
                                        Act of 1977, benefits under the 
                                        supplemental security income 
                                        program under title XVI of this 
                                        Act, medical assistance under 
                                        title XIX of this Act, or child 
                                        health assistance under title 
                                        XXI of this Act.
                                Notwithstanding this subclause, not 
                                more than 10 percent of the funds 
                                provided for projects under this clause 
                                may be used for the benefit of 
                                recipients or noncustodial parents who 
                                do not meet the requirements of this 
                                subclause.''.
    (c) Increase in In-Kind Donations.--Section 403(a)(5)(A)(i) of the 
Social Security Act (42 U.S.C. 603(a)(5)(A)(i)) is amended by adding at 
the end the following flush sentence:
                ``For purposes of determining expenditures by the State 
                under this clause, in kind donations may be included in 
an amount not to exceed 75 percent of the total amount of 
expenditures.''.
    (d) Additional Use of Funds.--Section 403(a)(5)(C)(i) of the Social 
Security Act (42 U.S.C. 603(a)(5)(C)(i)) is amended by inserting after 
subclause (VI) the following:
                                    ``(VII) Programs to increase 
                                parenting skills of low income parents 
                                eligible for assistance under the 
                                program funded under this part, to 
                                encourage the formation and maintenance 
                                of married two-parent families, and to 
                                promote responsible fatherhood.''.
    (e) Conforming Amendment.--Section 404(k)(1)(C)(iii) of the Social 
Security Act (42 U.S.C. 604(k)(1)(C)(iii)) is amended by striking 
``(ii)(II)'' and inserting ``(ii)(III)''.

SEC. 202. DISTRIBUTION AND TREATMENT OF CHILD SUPPORT COLLECTED BY THE 
              STATE.

    (a) State Option To Pass Portion of Child Support Collected 
Directly to the Family.--
            (1) In general.--Section 457 of the Social Security Act (42 
        U.S.C. 657) is amended--
                    (A) in subsection (a), by striking ``(e) and (f)'' 
                and inserting ``(e), (f), and (g)''; and
                    (B) by adding at the end the following:
    ``(g) State Option To Pass Through Portion of Support Collected to 
the Family.--
            ``(1) In general.--At State option, subject to paragraph 
        (2), and subsections (a)(4), (b), (d), (e), and (f), this 
        section shall not apply to up to the first $75 of any monthly 
        amount collected on behalf of a family as support by the State 
        and any amount so collected shall be distributed to the family.
            ``(2) Income protection requirement.--A State may not elect 
        the option described in paragraph (1) unless the State ensures 
        that any amount distributed to a family in accordance with that 
        paragraph is not included in the income of the family for 
        purposes of determining the eligibility of the family for, or 
        the amount of, assistance under the State program funded under 
        part A until the family has actually received the amount.
            ``(3) Option to pass through amounts collected pursuant to 
        a continued assignment.--At State option, any amount collected 
        pursuant to an assignment continued under subsection (b) may be 
        distributed to the family in accordance with paragraph (1).
            ``(4) Release of obligation to pay federal share.--If a 
        State that elects the option described in paragraph (1) also 
        elects to disregard under section 408(a)(12)(B) the total 
        amount annually collected and distributed to all families in 
        accordance with paragraph (1) for purposes of determining the 
        amount of assistance for such families under the State program 
        funded under part A, the State is released from--
                    ``(A) calculating the Federal share of the amounts 
                so distributed and disregarded; and
                    ``(B) paying such share to the Federal 
                Government.''.
            (2) Authority to claim passed through amount for purposes 
        of tanf maintenance 
        of effort requirements.--Section 409(a)(7)(B)(i)(I)(aa) of the 
        Social Security Act (42 U.S.C. 609(a)(7)(B)(i)(I)(aa)) is 
        amended by inserting ``, and, in the case of a State that 
        elects under section 457(g) to distribute up to the first $75 
        of any monthly amount so collected directly to the family, a 
        percentage of any amount so distributed (and disregarded under 
        section 408(a)(12) in determining the eligibility of the family 
        for, or the amount of, such assistance) equal to 100 percent 
        minus the Federal medical assistance percentage (as defined in 
        section 1905(b)) for such State for the fiscal year'' before 
        the period.
    (b) State Option To Disregard Child Support Collected for Purposes 
of Determining Eligibility for, or Amount of, TANF Assistance.--Section 
408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by 
adding at the end the following:
            ``(12) State option to disregard child support in 
        determining eligibility for, or amount of, assistance.--
                    ``(A) Option to disregard child support for 
                purposes of determining eligibility.--A State to which 
                a grant is made under section 403 may disregard any 
                part of any amount received by a family as a result of 
                a child support obligation in determining the family's 
                income for purposes of determining the family's 
                eligibility for assistance under the State program 
                funded under this part.
                    ``(B) Option to disregard child support in 
                determining amount of assistance.--A State to which a 
                grant is made under section 403 may disregard any part 
                of any amount received by a family as a result of a 
                child support obligation in determining the amount of 
                assistance that the State will provide to the family 
                under the State program funded under this part.''.
    (c) Conforming Amendment.--Section 457(f) of the Social Security 
Act (42 U.S.C. 657(f)) is amended by striking ``Notwithstanding'' and 
inserting ``Amounts Collected On Behalf of Children in Foster Care.--
Notwithstanding''.
    (d) Effective Date.--The amendments made by this section take 
effect on October 1, 1999.

SEC. 203. USE OF CERTAIN FEDERAL SHARE AMOUNTS TO PROVIDE FATHERHOOD 
              PROGRAMS.

    (a) Release of Obligation To Pay Federal Share on Amounts Used for 
Fatherhood Programs.--Section 457 of the Social Security Act (42 U.S.C. 
657), as amended by section 202(a), is amended--
            (1) in subsection (a), by striking ``(f) and (g)'' and 
        inserting ``(f), (g), and (h)''; and
            (2) by adding at the end the following:
    ``(h) Option To Use Amounts Collected for Fatherhood Programs.--
            ``(1) In general.--At State option, subject to paragraph 
        (2), paragraphs (2), (3), and (4) of subsection (a), and 
        subsections (b), (d), (e), and (f), this section shall not 
        apply to any amounts collected by a State as child support and 
        retained by the State to provide services described in 
        paragraph (3).
            ``(2) Requirement to make election under subsection (g).--
        This subsection shall only apply to a State which has made an 
        election under subsection (g)(1) with respect to the first $75 
        of any monthly amount collected on behalf of a family as 
        support by the State and elects to disregard under section 
        408(a)(12)(B) the total amount distributed for purposes of 
        determining the amount of assistance for such families under 
        the State program funded under part A.
            ``(3) Fatherhood service.--A service is described in this 
        paragraph if it is a service that encourages the appropriate 
        involvement of both parents in the life of any child of the 
        parents, with a priority for programs that specifically address 
        the issue of responsible fatherhood for low income noncustodial 
        fathers.
            ``(4) Release of obligation to pay federal share.--If a 
        State provides services described in paragraph (3) using 
        amounts described in paragraph (1), the State is released 
        from--
                    ``(A) calculating the Federal share of the lesser 
                of--
                            ``(i) the State expenditures for the fiscal 
                        year for such services; or
                            ``(ii) the amount collected on behalf of 
                        each family as support by the State for the 
                        fiscal year but only to the extent that such 
                        Federal share does not exceed an amount equal 
                        to the first $50 of each monthly amount 
                        (determined, at the option of the State, in the 
                        aggregate or on a case-by-case basis); and
                    ``(B) paying such share to the Federal 
                Government.''.
    (b) Effective Date.--The amendments made by this section take 
effect on October 1, 1999.

SEC. 204. TANF BONUS TO REWARD HIGH PERFORMANCE STATES.

    Section 403(a)(4)(C) of the Social Security Act (42 U.S.C. 
603(a)(4)(C)) is amended by adding at the end the following: ``The 
formula shall provide for the awarding of grants under this paragraph 
based on a State's effort to encourage the formation and maintenance of 
two-parent families.''.
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