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.

February 11, 2003

Mr. STARK (for himself, Ms. WATSON, Mr. KUCINICH, Mr. MCDERMOTT, and Mr. GEORGE MILLER of California) introduced the following bill; which was referred to the Committee on Ways and Means

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 2003'.

(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 2003 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, 2007, 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 2004 through 2008, $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) OPTIONS UNDER MINOR PARENT LIVING ARRANGEMENT- Section 408(a)(5)(B) of the Social Security Act (42 U.S.C. 608(a)(5)(B)) is amended--

(1) by striking clause (i) and inserting the following:

`(i) PROVISION OF LIVING ARRANGEMENT- In the case of an individual who is described in clause (ii), the State agency referred to in section 402(a)(4) shall provide or ensure the provision of a second chance home, maternity group home, transitional living youth project, or other appropriate living arrangement, taking into consideration the needs, concerns, and requests of the individual, unless the State agency determines that the individual's current living arrangement is appropriate, and therefore, shall require that the individual and the minor child referred to in subparagraph (A)(ii)(II) reside in such living arrangement as a condition of the continued receipt of assistance under the State program funded under this part attributable to funds provided by the Federal Government (or in an alternative appropriate arrangement, should circumstances change and the current arrangement cease to be appropriate).';

(2) in clause (ii)--

(A) by inserting after subclause (II) the following:

`(III) the individual is a homeless youth;

`(IV) the individual is a street youth;'; and

(B) by redesignating subclauses (III) and (IV) as subclauses (V) and (VI), respectively; and

(3) by inserting after clause (ii) the following:

`(iii) DISCLOSURE OF LIVING ARRANGEMENT OPTIONS TO INDIVIDUAL- The State agency shall ensure that individuals described in subparagraph (A)(ii) are fully informed of all living arrangement options that satisfy the requirement of this subsection, and provide the individual the opportunity to request a specific living arrangement.'

`(iv) DETERMINATION OF LIVING ARRANGEMENT- In determining the appropriateness of the individual's current living arrangement in subparagraph (B)(i) and considering the individual's request for a specific living arrangement in subparagraph (B)(iii), the State agency shall provide a written explanation of the determination, including a statement regarding the right to appeal the determination under clause (v), to the individual, if the determination is other than the living arrangement requested by the individual.

`(v) RIGHT TO APPEAL LIVING ARRANGEMENT- If the State agency's determination of appropriate living arrangement in subparagraph (B)(i) is other than the living arrangement requested by the individual in subparagraph (B)(iii), the individual shall have a right to appeal the State agency's decision through appeal and dispute resolution mechanisms available in the State.

`(vii) TRANSITIONAL LIVING YOUTH PROJECT- For purposes of this section, the term `transitional youth living project' has the same meaning as provided in section 387(6) of the Juvenile Justice and Delinquency Prevention Act of 1974.

`(viii) HOMELESS YOUTH- For purposes of this section, the term `homeless youth' has the same meaning as provided in section 387(3) of the Juvenile Justice and Delinquency Prevention Act of 1974.

`(ix) STREET YOUTH- For purposes of this section, the term `street youth' has the same meaning as provided in section 387(5) of the Juvenile Justice and Delinquency Prevention Act of 1974.'.

(e) 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 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, 2005, 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 2004; and

`(B) to carry out paragraph (2), not more than $10,000,000 for each of fiscal years 2004 through 2008.'.

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, 2003.

END