[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>