I 

108TH CONGRESS 

1ST SESSION H. R. 706

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 HOUSE OF REPRESENTATIVES 

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 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Building Secure and Healthy Families Act of 2003’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows:

Sec. 1. Short title; table of contents. 
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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.

1 SEC. 2. PROMOTING SECURE AND HEALTHY FAMILIES 

2 FUND. 

3 (a) IN GENERAL.—Section 403(a)(2) of the Social 

4 Security Act (42 U.S.C. 603(a)(2)) is amended to read 

5 as follows: 

6 ‘‘(2) GRANTS TO PROMOTE AND SUPPORT SE7 CURE FAMILIES.—

8 ‘‘(A) IN GENERAL.—The Secretary shall 

9 provide grants to States and localities for re10 search, technical assistance, replication, and ad11 aptation of rigorously evaluated programs, and 

12 demonstration programs which are evaluated by 

13 independent entities in accordance with gen14 erally accepted evaluation criteria and methods 

15 (including, to the maximum extent feasible, ran16 dom assignment to service recipient and control 

17 groups) established by the Secretary in the fol18 lowing areas: 

19 ‘‘(i) Encouraging secure families 

20 through programs designed to strengthen 

21 families through different approaches to 

22 income enhancement (including programs 
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1 that replicate or adapt the demonstration 

2 program known as the ‘Minnesota Family 

3 Investment Program’). 

4 ‘‘(ii) Providing education, opportunity, 

5 and support to teens to reduce first and 

6 subsequent pregnancies. 

7 ‘‘(iii) Increasing the ability of low-in8 come parents to financially and emotionally 

9 support their children by securing and 

10 maintaining employment and child care, 

11 fulfilling other basic needs such as hous12 ing, hunger, and health care, paying child 

13 support, and caring for their children inde14 pendently or in the context of mutually re15 spectful, non-violent, and voluntary co-par16 enting relationships. 

17 ‘‘(B) ALLOCATION OF FUNDS.—

18 ‘‘(i) GRANTS IN EACH AREA.—In 

19 making grants under this paragraph, the 

20 Secretary shall ensure that not less than 

21 30 percent of the funds made available 

22 pursuant to this paragraph for a fiscal 

23 year are used in each of the areas de24 scribed in subparagraph (A). 
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1 ‘‘(ii) TECHNICAL ASSISTANCE.—The 

2 Secretary may reserve an amount equal to 

3 up to 5 percent of the funds appropriated 

4 under subparagraph (F) for a fiscal year 

5 to provide technical assistance and to con6 duct research through the Office of the 

7 Secretary regarding the grants made under 

8 this paragraph. 

9 ‘‘(C) GRANTEE REQUIREMENTS.—An enti10 ty receiving a grant under this paragraph 

11 shall—

12 ‘‘(i) consult and coordinate with do13 mestic or sexual violence experts and child 

14 advocates in developing project policies, 

15 procedures, and training necessary to ap16 propriately address domestic or sexual vio17 lence and child abuse; 

18 ‘‘(ii) provide notice to individuals, 

19 orally and in writing, that participation in 

20 a program or activity funded under a grant 

21 made under this paragraph is voluntary 

22 and that nonparticipation will not affect 

23 the individual’s eligibility for assistance or 

24 services under needs-based assistance pro25 grams; 
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1 ‘‘(iii) offer benefits or services under a 

2 program or activity funded under a grant 

3 made under this paragraph only to individ4 uals who voluntarily elect to receive such 

5 benefits or services; 

6 ‘‘(iv) not—

7 ‘‘(I) condition benefits or services 

8 on marital status or family structure; 

9 ‘‘(II) counsel or encourage indi10 viduals who have been abused to re11 main with an abusive partner; 

12 ‘‘(III) adopt policies or proce13 dures that make it more difficult for 

14 an individual to leave an abusive or 

15 unhealthy relationship; 

16 ‘‘(IV) advocate for changes in 

17 State divorce or child custody laws; or 

18 ‘‘(V) provide funding for legal as19 sistance in custody and visitation mat20 ters; and

21 ‘‘(v) not disadvantage or treat individ22 uals differently based on marital status or 

23 family structure. 

24 ‘‘(D) GRANTS SELECTION CRITERIA.—The 

25 Secretary shall promulgate for public comment 
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1 criteria for selecting proposals to be funded 

2 with grants made under this paragraph. Such 

3 criteria shall include, at a minimum, the re4 quirements specified in subparagraph (C) and 

5 this subparagraph, including criteria that—

6 ‘‘(i) set forth a grant review process 

7 that—

8 ‘‘(I) includes independent ex9 perts, including individuals receiving, 

10 or who have ceased to receive, assist11 ance under the State program funded 

12 under this part and individuals with 

13 expertise in programs for low-income 

14 families, programs for low-income fa15 thers who are participants in a pro16 gram funded under this part, pro17 grams addressing teen pregnancy pre18 vention, programs addressing teen 

19 parenting or youth development, pro20 grams addressing domestic or sexual 

21 violence, research related to such pro22 grams, or the administration of such 

23 programs; and 

24 ‘‘(II) provides that an individual 

25 shall not be involved in the grant se-
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1 lection process if such involvement 

2 would pose a conflict of interest for 

3 the individual; 

4 ‘‘(ii) specify grantee qualifications and 

5 requirements, including requirements 

6 that—

7 ‘‘(I) grant applications contain fi8 nancial information, including a copy 

9 of the applicant’s most recent audit 

10 report; and 

11 ‘‘(II) grantees agree to maintain 

12 such records, make such reports, and 

13 cooperate with such reviews or audits 

14 as the Secretary may find necessary 

15 for purposes of oversight of project 

16 activities and expenditures; 

17 ‘‘(iii) require grant projects funded 

18 under clause (i) or (iii) of subparagraph 

19 (A) to predominantly direct resources to 

20 activities serving low-income individuals or 

21 groups in low-income communities, cou22 ples, or families; and 

23 ‘‘(iv) specify that proposals which seek 

24 to replicate or adapt teen pregnancy pre25 vention programs that have been rigorously 
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1 evaluated and shown to be successful and 

2 that provide young women who become 

3 pregnant with information about resources 

4 and opportunities that are available to 

5 them, including the laws prohibiting dis6 crimination against pregnancy in education 

7 and employment, will be given priority 

8 within the allocation made available for 

9 such projects. 

10 ‘‘(E) EVALUATION.—

11 ‘‘(i) CRITERIA.—The Secretary shall 

12 contract with independent entities to evalu13 ate the effectiveness of projects funded 

14 under grants made by this paragraph. 

15 Such evaluations shall—

16 ‘‘(I) include, to the maximum ex17 tent feasible, random assignment of 

18 clients to service delivery and control 

19 groups and other appropriate com20 parisons of groups of individuals re21 ceiving and not receiving services; 

22 ‘‘(II) describe and measure the 

23 effectiveness of the projects in achiev24 ing their specific project goals; and 
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1 ‘‘(III) describe and assess, as ap2 propriate, the impact of such projects 

3 on marriage, parenting, domestic or 

4 sexual violence, employment and earn5 ings, payment of child support, child 

6 well-being, health, and education. 

7 ‘‘(ii) REPORTS.—

8 ‘‘(I) ANNUAL DESCRIPTION OF

9 USE OF FUNDS.—Not later than 1 

10 year after the date of enactment of 

11 the Building Secure and Healthy 

12 Families Act of 2003 and annually 

13 thereafter, the Secretary shall submit 

14 a report to Congress describing the 

15 uses of the funds awarded under this 

16 paragraph. 

17 ‘‘(II) EVALUATION.—Not later 

18 than January 1, 2007, the Secretary 

19 shall submit to Congress a report 

20 evaluating the effectiveness of pro21 grams funded under grants made 

22 under this section. 

23 ‘‘(III) PUBLIC AVAILABILITY.—

24 The Secretary shall ensure that all re25 ports submitted to Congress in ac-
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1 cordance with this clause are publicly 

2 available. 

3 ‘‘(iii) FUNDING.—Of the amount ap4 propriated under subparagraph (F) for a 

5 fiscal year, the Secretary shall reserve an 

6 amount equal to 5 percent of such amount 

7 for each such fiscal year for the purpose of 

8 carrying out the evaluations required 

9 under this subparagraph. 

10 ‘‘(F) APPROPRIATION.—Out of any money 

11 in the Treasury of the United States not other12 wise appropriated, there are appropriated for 

13 each of fiscal years 2004 through 2008, 

14 $100,000,000 for grants under this para15 graph.’’. 

16 (b) CONFORMING AMENDMENT.—Section 

17 402(a)(1)(A)(v) of the Social Security Act (42 U.S.C. 

18 602(a)(1)(A)(v)) is amended by striking ‘‘, and establish 

19 numerical goals for reducing the illegitimacy ratio of the

20 State (as defined in section 403(a)(2)(C)(iii)) for calendar 

21 years 1996 through 2005’’. 

22 SEC. 3. EQUITABLE TREATMENT FOR ALL FAMILIES. 

23 Section 408(a) of the Social Security Act (42 U.S.C. 

24 608(a) is amended by adding at the end the following: 
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1 ‘‘(12) NONDISCRIMINATION.—A State to which 

2 a grant is made under section 403 shall not dis3 criminate among needy families based on marital 

4 status or family structure and shall not condition as5 sistance upon participation in activities or services 

6 funded under a grant made under section 

7 403(a)(2).’’. 

8 SEC. 4. IMPROVEMENT OF ADDRESSING THE NEEDS OF 

9 TEEN PARENTS. 

10 (a) AUTHORITY TO PROVIDE ASSISTANCE TO TEEN11 AGE PARENTS IN ORDER FOR THE PARENTS TO COMPLY

12 WITH PROGRAM REQUIREMENTS.—Section 408(a) of the 

13 Social Security Act (42 U.S.C. 608(a)) is amended—

14 (1) in paragraph (4)—

15 (A) by striking ‘‘A State’’ and inserting 

16 the following: 

17 ‘‘(A) IN GENERAL.—Subject to subpara18 graph (B), a State’’; 

19 (B) by striking ‘‘participate in’’ and all 

20 that follows through the period and inserting 

21 ‘‘participate in educational activities directed 

22 toward the attainment of a high school diploma 

23 or its equivalent or an alternative educational 

24 or training program that has been approved by 

25 the State.’’; and 
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1 (C) by adding at the end the following: 

2 ‘‘(B) EXCEPTION.—A State may elect to 

3 provide assistance for a period determined by 

4 the State (not to exceed the greater of 90 days 

5 or until the educational activities in which the 

6 parent is enrolled begins) to assist the parent to 

7 come into compliance with the requirements of 

8 this paragraph.’’; and 

9 (2) in paragraph (5)—

10 (A) in subparagraph (A)(i), by striking 

11 ‘‘subparagraph (B)’’ and inserting ‘‘subpara12 graphs (B) and (C)’’; 

13 (B) in subparagraph (B), in the heading, 

14 by striking ‘‘EXCEPTION’’ and inserting ‘‘LO15 CATING APPROPRIATE LIVING ARRANGEMENTS’’; 

16 and 

17 (C) by adding at the end the following: 

18 ‘‘(C) EXCEPTION.—A State may elect to 

19 provide assistance for a period determined by 

20 the State (not to exceed 90 days) to assist the 

21 parent to come into compliance with the re22 quirements of this paragraph.’’. 

23 (b) INCLUSION OF TEEN PARENTS ATTENDING

24 SCHOOL IN WORK PARTICIPATION RATES.—Section 
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1 407(c)(2)(C) of the Social Security Act (42 U.S.C. 

2 607(c)(2)(C)) is amended to read as follows: 

3 ‘‘(C) TEEN HEAD OF HOUSEHOLD WHO

4 MAINTAINS SATISFACTORY SCHOOL ATTEND5 ANCE DEEMED TO BE MEETING WORK PARTICI6 PATION REQUIREMENTS.—For purposes of de7 termining monthly participation rates under 

8 subsection (b)(1)(B)(i)—

9 ‘‘(i) a recipient who is a head of 

10 household and has not yet attained age 20 

11 is deemed to be engaged in work for a 

12 month in a fiscal year if the recipient—

13 ‘‘(I) maintains satisfactory at14 tendance at secondary school or the 

15 equivalent during the month; 

16 ‘‘(II) participates in education di17 rectly related to employment, includ18 ing vocational education and training 

19 for nontraditional jobs, for at least 20 

20 hours per week; or 

21 ‘‘(III) participates in post-sec22 ondary education, including study 

23 time for not less than 1 hour, nor 

24 more than 2 hours, per every class 
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1 hour, for at least 20 hours per week; 

2 or 

3 ‘‘(ii) a recipient who is a head of 

4 household is deemed to be engaged in work 

5 for a month in a fiscal year if the recipient 

6 is participating in a continuous course or 

7 program of education or training described 

8 in clause (i) that the individual began be9 fore attaining age 20.’’. 

10 (c) EXCLUSION FROM TIME LIMIT FOR RECEIPT OF

11 ASSISTANCE.—Section 408(a)(7) of the Social Security 

12 Act (42 U.S.C. 608(a)(7)) is amended by adding at the 

13 end the following: 

14 ‘‘(H) TEEN PARENTS.—In determining the 

15 number of months for which an individual has 

16 received assistance under the State program 

17 funded under this part, the State shall dis18 regard any month during which a head of 

19 household, who has not yet attained age 20, is

20 satisfactorily participating in a course or pro21 gram of education or training, including sec22 ondary school or its equivalent, vocational edu23 cation, or post-secondary school.’’. 
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1 (d) OPTIONS UNDER MINOR PARENT LIVING AR2 RANGEMENT.—Section 408(a)(5)(B) of the Social Secu3 rity Act (42 U.S.C. 608(a)(5)(B)) is amended—

4 (1) by striking clause (i) and inserting the fol5 lowing: 

6 ‘‘(i) PROVISION OF LIVING ARRANGE7 MENT.—In the case of an individual who is 

8 described in clause (ii), the State agency 

9 referred to in section 402(a)(4) shall pro10 vide or ensure the provision of a second 

11 chance home, maternity group home, tran12 sitional living youth project, or other ap13 propriate living arrangement, taking into 

14 consideration the needs, concerns, and re15 quests of the individual, unless the State 

16 agency determines that the individual’s 

17 current living arrangement is appropriate, 

18 and therefore, shall require that the indi19 vidual and the minor child referred to in 

20 subparagraph (A)(ii)(II) reside in such liv21 ing arrangement as a condition of the con22 tinued receipt of assistance under the 

23 State program funded under this part at24 tributable to funds provided by the Federal 

25 Government (or in an alternative appro-
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1 priate arrangement, should circumstances 

2 change and the current arrangement cease 

3 to be appropriate).’’; 

4 (2) in clause (ii)—

5 (A) by inserting after subclause (II) the 

6 following: 

7 ‘‘(III) the individual is a home8 less youth; 

9 ‘‘(IV) the individual is a street 

10 youth;’’; and 

11 (B) by redesignating subclauses (III) and 

12 (IV) as subclauses (V) and (VI), respectively; 

13 and 

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

15 ‘‘(iii) DISCLOSURE OF LIVING AR16 RANGEMENT OPTIONS TO INDIVIDUAL.—

17 The State agency shall ensure that individ18 uals described in subparagraph (A)(ii) are 

19 fully informed of all living arrangement op20 tions that satisfy the requirement of this 

21 subsection, and provide the individual the 

22 opportunity to request a specific living ar23 rangement.’’

24 ‘‘(iv) DETERMINATION OF LIVING AR25 RANGEMENT.—In determining the appro-
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1 priateness of the individual’s current living 

2 arrangement in subparagraph (B)(i) and 

3 considering the individual’s request for a 

4 specific living arrangement in subpara5 graph (B)(iii), the State agency shall pro6 vide a written explanation of the deter7 mination, including a statement regarding 

8 the right to appeal the determination 

9 under clause (v), to the individual, if the 

10 determination is other than the living ar11 rangement requested by the individual. 

12 ‘‘(v) RIGHT TO APPEAL LIVING AR13 RANGEMENT.—If the State agency’s deter14 mination of appropriate living arrangement 

15 in subparagraph (B)(i) is other than the 

16 living arrangement requested by the indi17 vidual in subparagraph (B)(iii), the indi18 vidual shall have a right to appeal the 

19 State agency’s decision through appeal and 

20 dispute resolution mechanisms available in 

21 the State. 

22 ‘‘(vii) TRANSITIONAL LIVING YOUTH

23 PROJECT.—For purposes of this section, 

24 the term ‘transitional youth living project’ 

25 has the same meaning as provided in sec-
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1 tion 387(6) of the Juvenile Justice and 

2 Delinquency Prevention Act of 1974. 

3 ‘‘(viii) HOMELESS YOUTH.—For pur4 poses of this section, the term ‘homeless 

5 youth’ has the same meaning as provided 

6 in section 387(3) of the Juvenile Justice 

7 and Delinquency Prevention Act of 1974. 

8 ‘‘(ix) STREET YOUTH.—For purposes 

9 of this section, the term ‘street youth’ has 

10 the same meaning as provided in section 

11 387(5) of the Juvenile Justice and Delin12 quency Prevention Act of 1974.’’. 

13 (e) REPORTS ON TEEN PREGNANCIES AND TEEN

14 PARENTS.—

15 (1) ELIMINATION FROM SECRETARIAL REPORT

16 OF OUT-OF-WEDLOCK PREGNANCIES AND INCLUSION

17 OF TEENAGE PREGNANCIES.—Section 

18 411(b)(1)(B)(ii) of the Social Security Act (42 

19 U.S.C. 611(b)(1)(B)(ii)) is amended by striking 

20 ‘‘out-of-wedlock’’ and inserting ‘‘teenage’’. 

21 (2) STUDIES ON TEEN PARENTS.—Section 413 

22 of the Social Security Act (42 U.S.C. 613) is amend23 ed by adding at the end the following: 

24 ‘‘(k) TEEN PARENT STUDY AND REPORT.—
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1 ‘‘(1) STUDY OF TANF RECIPIENTS.—The Sec2 retary shall conduct a study of a representative sam3 ple of recipients of assistance under State programs 

4 funded under this part who are parents and have 

5 not attained age 20 to determine the following: 

6 ‘‘(A) Whether State data on the number of 

7 such recipients is accurately reflected in Fed8 eral data, including an examination of the ex9 tent to which such recipients who are members 

10 of a family are not reflected in the data, and 

11 an examination of the extent to which Federal 

12 estimation methods do not reflect the number 

13 of such recipients in a State. 

14 ‘‘(B) What assessment procedures are uti15 lized with such recipients, and whether there 

16 appear to be best practices that consider such 

17 issues as whether the recipient has an edu18 cational barrier such as a learning disability or 

19 mental health problem. 

20 ‘‘(C) Whether localities appear to have 

21 adequate and appropriate services that meet the

22 needs of such recipients in areas such as infant 

23 care, education, training, and mental health, for 

24 services such as appropriate housing, mental 

25 health, and alternative education, whether staff 
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1 assist teen parents in researching and locating 

2 such services including an appropriate living ar3 rangement, and the extent to which such recipi4 ents who have not completed high school or the 

5 equivalent are encouraged to engage in edu6 cation or work. 

7 ‘‘(D) How State rules providing that, in 

8 determining the eligibility of such a recipient 

9 for such assistance, the income of the recipient 

10 is deemed to include the income of any parents 

11 with whom the recipient is living, appear to 

12 have affected the extent to which such a recipi13 ent is able to participate in a State program 

14 funded under this part. 

15 ‘‘(E) Demographic information such as—

16 ‘‘(i) the age of such recipients; 

17 ‘‘(ii) the amount of time such recipi18 ents received such assistance in a given 

19 year; 

20 ‘‘(iii) the number of children that 

21 such recipients have; 

22 ‘‘(iv) school attainment by such recipi23 ents, by age; 

24 ‘‘(v) the employment status of such 

25 recipients, such as whether a recipient has 
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1 ever worked or has worked while in school; 

2 and 

3 ‘‘(vi) the child care arrangements of 

4 such recipients. 

5 ‘‘(2) STUDY OF LOW-INCOME TEEN PARENTS

6 WHO ARE NOT TANF RECIPIENTS.—The Secretary 

7 shall conduct a study of a representative sample of 

8 low-income (as determined by the Secretary) teen 

9 parents who are not recipients of assistance under a 

10 State program funded under this part to determine 

11 the following: 

12 ‘‘(A) Whether the teen parent sought to 

13 apply for such assistance. 

14 ‘‘(B) Whether a teen parent who indicated 

15 to a State a desire to apply for such assistance 

16 received an application for such assistance. 

17 ‘‘(C) Whether a teen parent who applied 

18 for such assistance was subsequently contacted 

19 by the State agency responsible for operating a 

20 State program funded under this part. 

21 ‘‘(3) REPORT TO THE CONGRESS.—

22 ‘‘(A) IN GENERAL.—Within 3 years after 

23 the date of enactment of this subsection, the 

24 Secretary shall submit to Congress a report 

25 that contains the findings of the study required 
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1 by this subsection and recommendations regard2 ing such issues as how to improve data report3 ing, State plans, State ‘best practice’ informa4 tion-sharing, and assessments. 

5 ‘‘(B) ADVISORY GROUP.—The Secretary 

6 shall establish an advisory group consisting of 

7 representatives from not more than 6 organiza8 tions that work with parents who have not at9 tained age 20, to provide advice to the Sec10 retary on questions relating to such parents 

11 that should be investigated and to provide com12 ments to accompany the recommendations in 

13 the report required by subparagraph (A). The 

14 advisory group established under this subpara15 graph shall include a representative from the 

16 Association of Maternal and Child Health Pro17 grams, the National Organization on Adolescent 

18 Pregnancy Parenting and Prevention and a sin19 gle parent receiving assistance under the State 

20 program funded under this part who has not at21 tained age 20. 

22 ‘‘(l) STUDY REGARDING SANCTIONS IMPOSED ON

23 TEEN PARENTS.—

24 ‘‘(1) IN GENERAL.—The Secretary, directly or 

25 through grants, contracts, or interagency agree-
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1 ments, shall conduct a multi-State study regarding 

2 sanctions imposed on teen parents to examine the 

3 nature, extent, and impact of such sanctions. 

4 ‘‘(2) CONTENTS.—The study conducted pursu5 ant to paragraph (1) shall include information on—

6 ‘‘(A) which rules are generating the most 

7 sanctions; 

8 ‘‘(B) whether families with teen parents 

9 and those headed by teen parents are sanc10 tioned at rates higher than families headed by 

11 adults; 

12 ‘‘(C) whether sanction policies are under13 stood by teen parents in advance of sanction; 

14 ‘‘(D) whether sanction notice procedures 

15 and mechanisms for cure are understood by 

16 teen parents; 

17 ‘‘(E) whether sanction notice procedures 

18 and mechanisms for cure are understood by 

19 local welfare officials; 

20 ‘‘(F) best practices from the study sites or 

21 elsewhere that would help States improve their 

22 sanctions systems; 

23 ‘‘(G) what is known about the impacts of 

24 sanctions on families with teen parents; and 
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1 ‘‘(H) how a State might best collect and 

2 analyze local teen parent sanction data in order 

3 to use the data as an in-State program manage4 ment tool. 

5 ‘‘(3) REPORT TO CONGRESS.—Not later than 

6 September 30, 2005, the Secretary shall submit to 

7 Congress the results of the study conducted pursu8 ant to paragraph (1).’’. 

9 SEC. 5. ENSURING SAFETY AND SELF-SUFFICIENCY FOR 

10 ALL TANF RECIPIENTS. 

11 (a) ADDRESSING DOMESTIC OR SEXUAL VIOLENCE

12 IN THE TANF PROGRAM.—Section 402(a)(7) of the So13 cial Security Act (42 U.S.C. 602(a)(7)) is amended to 

14 read as follows: 

15 ‘‘(7) CERTIFICATIONS REGARDING DOMESTIC

16 OR SEXUAL VIOLENCE.—

17 ‘‘(A) GENERAL PROVISIONS.—A certifi18 cation by the chief executive officer of the State 

19 that the State has established and is enforcing 

20 standards and procedures to ensure domestic or

21 sexual violence is comprehensively addressed, 

22 and a written document outlining how the State 

23 will do the following: 

24 ‘‘(i) Address the needs of applicants 

25 or recipients or their families who are or 
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1 have been subjected to domestic or sexual 

2 violence or are at risk of future such vio3 lence, including how the State will—

4 ‘‘(I) have trained caseworkers 

5 identify, and, at the option of the in6 dividual, assess individuals who are or 

7 have been subjected to domestic or 

8 sexual violence or are at risk of future 

9 such violence; 

10 ‘‘(II) adequately inform each in11 dividual of eligibility and program re12 quirements, confidentiality provisions, 

13 domestic or sexual violence services 

14 available within the community and 

15 within the program funded under this 

16 part, good cause exemptions modifica17 tion and waiver of program require18 ments on the basis of domestic or sex19 ual violence, benefits eligibility for im20 migrant victims of domestic or sexual 

21 violence, and the procedures to obtain 

22 such modifications, waivers, benefits, 

23 and services; 

24 ‘‘(III) refer individuals who are 

25 or have been subjected to domestic or 
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1 sexual violence or are at risk of future 

2 such violence to community-based do3 mestic or sexual violence programs or 

4 other supportive services, modify or 

5 waive eligibility or program require6 ments or prohibitions to address do7 mestic or sexual violence barriers, and 

8 ensure such individual’s access to job 

9 training, vocational rehabilitation, 

10 child care, and other employment-re11 lated services as appropriate; 

12 ‘‘(IV) implement procedures to 

13 maintain the privacy and confiden14 tiality of applicants and recipients 

15 identified as being or having been 

16 subjected to domestic or sexual vio17 lence and restrict the disclosure of 

18 any identifying information obtained 

19 through any process or procedure im20 plemented pursuant to this paragraph 

21 absent the individual’s written consent 

22 or unless otherwise required to do so 

23 under law; 

24 ‘‘(V) pursuant to a determination 

25 of good cause, waive, without time 
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1 limit, any Federal or State eligibility 

2 or program requirement or prohibition 

3 for so long as necessary, in every case 

4 in which domestic or sexual violence 

5 has been verified for any individual or 

6 family receiving assistance under this 

7 part and the requirement makes it 

8 more difficult for the individual to ad9 dress, escape or recover from the vio10 lence, unfairly penalizes the indi11 vidual, or makes the individual or any 

12 child of the individual unsafe; and 

13 ‘‘(VI) provide policies and proce14 dures regarding verification of past, 

15 present, or the risk of future domestic 

16 or sexual violence that are flexible and 

17 not unduly burdensome, including ac18 cepting any one of the following forms 

19 of verification: documentation from 

20 police, court, medical or social service 

21 agencies, domestic or sexual violence 

22 counselors or organizations or others 

23 who have had contact with the appli24 cant or recipient, written statements 

25 from third parties knowledgeable of 
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1 the individual’s circumstances, and 

2 signed written statements from the 

3 applicant or recipient. 

4 ‘‘(ii) Coordinate or contract with 

5 State or tribal domestic or sexual violence 

6 coalitions or domestic or sexual violence 

7 programs in the development and imple8 mentation of standards, procedures, train9 ing, and programs required under this part 

10 to address domestic or sexual violence. 

11 ‘‘(iii) Train caseworkers for recipients 

12 of assistance under the State program 

13 funded under this part in—

14 ‘‘(I) the nature and dynamics of 

15 domestic or sexual violence and the 

16 ways in which such violence may act 

17 to obstruct the economic security or 

18 safety of the individual and any child 

19 of the individual;

20 ‘‘(II) the standards, policies, and 

21 procedures implemented pursuant to 

22 this part, including the individual’s 

23 rights and protections, such as notice 

24 and confidentiality; 
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1 ‘‘(III) how to screen for, and 

2 identify when, domestic or sexual vio3 lence creates barriers to compliance, 

4 how to make effective referrals for 

5 services, and how to modify eligibility 

6 and program requirements and prohi7 bitions to address domestic or sexual 

8 violence barriers; and 

9 ‘‘(IV) the process for determining 

10 good cause for noncompliance with an 

11 eligibility or program requirement or 

12 prohibition and granting waivers of 

13 such requirements. 

14 ‘‘(iv) At State option, enter into con15 tracts with or employ qualified profes16 sionals for the provision of services in each 

17 of the fields of domestic or sexual violence. 

18 ‘‘(B) DEFINITIONS.—In this part: 

19 ‘‘(i) DOMESTIC OR SEXUAL VIO20 LENCE.—The term ‘domestic or sexual vio21 lence’ has the meaning given the term ‘bat22 tered or subjected to extreme cruelty’ in 

23 section 408(a)(7)(C)(iii). 

24 ‘‘(ii) QUALIFIED PROFESSIONAL.—

25 The term ‘qualified professional’ includes a 
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1 State or local organization with recognized 

2 expertise in the dynamics of domestic or 

3 sexual violence who has as one of its pri4 mary purposes to provide services to vic5 tims of domestic or sexual violence, such as 

6 a sexual assault crisis center or domestic 

7 or sexual violence program, or an indi8 vidual trained by such an organization.’’. 

9 (b) ASSESSMENT.—Section 408(b) of the Social Se10 curity Act (42 U.S.C. 608(b)) is amended—

11 (1) in paragraph (1), in the matter preceding 

12 subparagraph (A), by striking ‘‘and employability’’ 

13 and inserting ‘‘employability, and potential barriers, 

14 including domestic or sexual violence, mental or 

15 physical health, learning disability, substance abuse, 

16 English as a second language, child care needs, in17 sufficient housing, or transportation’’; and 

18 (2) in paragraph (2)(A)—

19 (A) in clause (iv), by striking ‘‘and’’ at the 

20 end; 

21 (B) in clause (v), by striking the period 

22 and inserting a semicolon; and 

23 (C) by adding at the end the following: 

24 ‘‘(vi) documents the individual’s re25 ceipt of adequate notice of program re-
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1 quirements, confidentiality provisions, as2 sessment and program services, and waiv3 ers available to individuals who have or 

4 may have been subjected to domestic or 

5 sexual violence or are at risk for future 

6 such violence, as well as the process to ac7 cess such services or waivers; and 

8 ‘‘(vii) may not require the individual 

9 to participate in services to address domes10 tic or sexual violence.’’. 

11 (c) REVIEW AND CONCILIATION PROCESS.—Section 

12 408(a) of the Social Security Act (42 U.S.C. 608(a)), as 

13 amended by section 3, is amended by adding at the end 

14 the following: 

15 ‘‘(13) REVIEW AND CONCILIATION PROCESS

16 FOR FAMILIES SUBJECTED TO DOMESTIC OR SEXUAL

17 VIOLENCE.—

18 ‘‘(A) IN GENERAL.—A State to which a 

19 grant is made under section 403 shall not im20 pose a sanction or penalty against an individual 

21 under the State program funded under this 

22 part on the basis of noncompliance by an indi23 vidual or family with a program requirement 

24 where domestic or sexual violence is a signifi25 cant contributing factor in the noncompliance. 
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1 ‘‘(B) REQUIREMENT.—Prior to imposing a 

2 sanction or penalty against an individual under 

3 the State program funded under this part, the 

4 State shall—

5 ‘‘(i) specifically consider whether the 

6 individual has been or is being subjected to 

7 domestic or sexual violence; and 

8 ‘‘(ii) if such violence is identified—

9 ‘‘(I) make a reasonable effort to 

10 modify or waive program require11 ments or prohibitions; and 

12 ‘‘(II) offer the individual referral 

13 to voluntary services to address the vi14 olence.’’. 

15 (d) STATE OPTION TO INCLUDE SURVIVORS OF DO16 MESTIC OR SEXUAL VIOLENCE IN WORK PARTICIPATION

17 RATES.—Section 407(c)(2) of the Social Security Act (42 

18 U.S.C. 607(c)(2)) is amended by adding at the end the 

19 following:

20 ‘‘(E) STATE OPTION TO INCLUDE SUR21 VIVORS OF DOMESTIC OR SEXUAL VIOLENCE.—

22 For purposes of determining monthly participa23 tion rates under subsection (b)(1)(B)(i), a State 

24 may deem an individual receiving services to ad25 dress having been or being subjected to domes-
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•HR 706 IH 

1 tic or sexual violence, or receiving a waiver from 

2 program requirements under section 402(a)(7), 

3 as being engaged in work for the month.’’. 

4 (e) AUTHORITY TO GRANT GOOD CAUSE DOMESTIC

5 OR SEXUAL VIOLENCE WAIVERS FROM 20 PERCENT LIM6 ITATION ON HARDSHIP EXCEPTION.—Section 

7 408(a)(7)(C)(ii) of the Social Security Act (42 U.S.C. 

8 608(a)(7)(C)(ii)) is amended—

9 (1) by striking ‘‘The average’’ and inserting the 

10 following: 

11 ‘‘(I) IN GENERAL.—The aver12 age’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(II) EXCEPTION.—A State may 

15 exceed the 20 percent limitation under 

16 subclause (I) in order to grant good 

17 cause waivers to extend the time limit 

18 for receipt of assistance with respect 

19 to a family based on the need for con20 tinued assistance due to current or 

21 past domestic or sexual violence, or 

22 the risk of further violence.’’. 

23 (f) ANNUAL REPORTS ON IMPACT OF DOMESTIC OR

24 SEXUAL VIOLENCE RULES, SERVICES, AND PRACTICES.—
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1 Section 411 of the Social Security Act (42 U.S.C. 611) 

2 is amended by adding at the end the following: 

3 ‘‘(c) ANNUAL REPORTS ON IMPACT OF DOMESTIC OR

4 SEXUAL VIOLENCE RULES, SERVICES, AND PRACTICES.—

5 ‘‘(1) STATE REPORTS.—Not later than January 

6 of each fiscal year, each State shall collect and re7 port to the Secretary, with respect to the preceding 

8 fiscal year, the following information, including any 

9 changes to such information from reports for years 

10 previously submitted: 

11 ‘‘(A) A copy of all rules and policies gov12 erning the State procedures to address domestic 

13 or sexual violence, including State rules and 

14 policies not required by Federal law. 

15 ‘‘(B) The number and percentage of total 

16 applicants and recipients who apply for waivers 

17 of program requirements and the number of 

18 such waivers granted broken down by the type 

19 of program requirement waived (such as work 

20 requirements and child support cooperation re21 quirements) and by race. 

22 ‘‘(C) The following information, broken 

23 down by race: 
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1 ‘‘(i) The number of families who have 

2 been contacted for review and conciliation 

3 prior to sanction under this part. 

4 ‘‘(ii) The percentage of families at 

5 risk of sanction that are identified as hav6 ing been subjected to domestic or sexual 

7 violence. 

8 ‘‘(iii) The results of review and concil9 iation. 

10 ‘‘(iv) The percentage of sanctioned 

11 families for whom domestic or sexual vio12 lence was a factor leading to their inability 

13 to comply with program requirements. 

14 ‘‘(2) SECRETARY’S REPORT.—Not later than 

15 June of each fiscal year, the Secretary shall review 

16 and publish the State reports submitted under para17 graph (1). 

18 ‘‘(3) USE OF DATA.—For each State for which 

19 the data submitted under paragraph (1) dem20 onstrates racial inequalities and disparities in imple21 mentation and impact, the Secretary shall initiate a 

22 review of State practices funded under this part and 

23 shall work with the State to devise programs and 

24 practices to ensure that the provisions of this part 
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1 equitably improve the circumstances of all applicants 

2 and recipients.’’. 

3 (g) TECHNICAL ASSISTANCE.—Section 413 of the So4 cial Security Act (42 U.S.C. 613), as amended by section 

5 4(d)(2), is amended by adding at the end the following: 

6 ‘‘(l) TECHNICAL ASSISTANCE.—

7 ‘‘(1) GRANTS AUTHORIZED.—The Secretary 

8 shall make an award to a national victim services or9 ganization or organizations to identify and provide 

10 technical assistance with respect to model standards 

11 and procedures, practices, and training designed to 

12 comprehensively address domestic or sexual violence, 

13 including for survivors of such violence with multiple 

14 barriers, and move individuals subjected to domestic 

15 or sexual violence into employment without compro16 mising the safety of the individual or of any child of 

17 the individual. 

18 ‘‘(2) GRANTS TO STATES.—The Secretary shall 

19 provide grants to States and localities to contract 

20 with a State or tribal domestic or sexual violence co21 alition or joint domestic or sexual violence coalition 

22 to—

23 ‘‘(A) provide training to caseworkers and 

24 technical assistance regarding screening, assess25 ing, and providing services to address domestic 
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•HR 706 IH 

1 or sexual violence, modifying or waiving eligi2 bility or program requirements or prohibitions, 

3 and assisting individuals subjected to domestic 

4 or sexual violence to secure and retain employ5 ment; and 

6 ‘‘(B) develop and implement demonstration 

7 projects to promote best practices in serving in8 dividuals who have been subjected to domestic 

9 or sexual violence, with priority given to pro10 grams that contract with qualified profes11 sionals. 

12 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

13 There are authorized to be appropriated to the Sec14 retary—

15 ‘‘(A) to carry out paragraph (1), 

16 $1,000,000 for fiscal year 2004; and 

17 ‘‘(B) to carry out paragraph (2), not more 

18 than $10,000,000 for each of fiscal years 2004 

19 through 2008.’’. 

20 SEC. 6. CARING FOR A CHILD OR OTHER RELATIVE. 

21 (a) INCLUSION OF CARE FOR A CHILD OR OTHER

22 RELATIVE WITH A SERIOUS HEALTH CONDITION OR A

23 DISABILITY AND ACTIVITIES DESIGNED TO ADDRESS

24 BARRIERS IN WORK ACTIVITIES.—
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1 (1) IN GENERAL.—Section 407 of the Social 

2 Security Act (42 U.S.C. 607) is amended—

3 (A) in subsection (c)—

4 (i) in subparagraphs (A) and (B) of 

5 paragraph (1), by striking ‘‘or (12)’’ each 

6 place it appears and inserting ‘‘(12), or 

7 (14)’’; and 

8 (ii) in paragraph (2), as amended by 

9 section 5(d), by adding at the end the fol10 lowing: 

11 ‘‘(F) CARING FOR A CHILD OR OTHER

12 RELATIVE WHO HAS A SERIOUS HEALTH CONDI13 TION OR A DISABILITY.—For purposes of deter14 mining monthly participation rates under sub15 section (b)(1)(B)(i), a recipient who is engaged 

16 in the provision of appropriate care to a child 

17 or other relative who has a serious health condi18 tion or a disability, in accordance with sub19 section (d)(13)(B), shall be deemed to be en20 gaged in work for a month.’’; and 

21 (B) in subsection (d)—

22 (i) in paragraph (11), by striking 

23 ‘‘and’’ at the end; 

24 (ii) in paragraph (12), by striking the 

25 period and inserting a semicolon; and 
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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(13) the provision of care to—

4 ‘‘(A) one’s own child who has not attained 

5 age 1 (or at State option, up to age 3); or 

6 ‘‘(B) one’s own child or other relative who 

7 has a serious health condition or a disability; 

8 and 

9 ‘‘(14) attending health appointments or service 

10 plan meetings for a child or other relative with a se11 rious health condition or a disability, or partici12 pating in training regarding care of a child or other 

13 relative with a serious health condition or a dis14 ability.’’. 

15 (2) CONFORMING AMENDMENT.—Section 

16 407(b) of the Social Security Act (42 U.S.C. 

17 607(b)), is amended by striking paragraph (5). 

18 (b) SCREENING, REFERRAL, AND ADJUSTMENT OF

19 WORK REQUIREMENTS AS PART OF INDIVIDUAL RESPON20 SIBILITY PLANS.—Section 408(b)(2)(A) of the Social Se21 curity Act (42 U.S.C. 608(b)(2)(A)), as amended by sec22 tion 5(b)(2), is amended—

23 (1) in clause (vi), by striking ‘‘and’’ at the end; 

24 (2) in clause (vii), by striking the period and in25 serting ‘‘; and’’; and 
40

•HR 706 IH 

1 (3) by adding at the end the following: 

2 ‘‘(viii) includes screening, referral for 

3 appropriate services, including child care 

4 needs (subject to clause (vii)), or adjust5 ment of work requirements for an indi6 vidual who cares for a child or other rel7 ative with a serious health condition or a 

8 disability or has unmet child care needs.’’. 

9 (c) LIMITATION ON WORK REQUIREMENTS FOR PAR10 ENTS WITH CHILDREN.—

11 (1) IN GENERAL.—

12 (A) IN GENERAL.—Section 407(c)(2)(B) of 

13 the Social Security Act (42 U.S.C. 

14 607(c)(2)(B)) is amended to read as follows: 

15 ‘‘(B) LIMITATION ON WORK REQUIRE16 MENTS FOR PARENTS WITH CHILDREN.—

17 ‘‘(i) IN GENERAL.—In the case of an 

18 individual who is a single custodial parent, 

19 the following rules shall apply for purposes 

20 of determining monthly participation rates 

21 under subsection (b)(1)(B)(i): 

22 ‘‘(I) SINGLE CUSTODIAL PARENT

23 WITH CHILD UNDER AGE 6.—A single

24 custodial parent of a child who has at25 tained age 1 but has not attained age 
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1 6 is deemed to be engaged in work for 

2 a month if the recipient is engaged in 

3 work for an average of at least 20 

4 hours per week during the month. 

5 ‘‘(II) SINGLE CUSTODIAL PAR6 ENT WITHOUT ACCESS TO BEFORE OR

7 AFTER SCHOOL CARE FOR A CHILD

8 AGE 6 TO 13.—A single custodial par9 ent who has certified a lack of mean10 ingful access to before or after school 

11 care for a child who has attained age 

12 6 but has not attained age 13 is 

13 deemed to be engaged in work for a 

14 month if the recipient is engaged in 

15 work for an average of at least 20 

16 hours per week during the month. 

17 ‘‘(ii) DEFINITION OF SINGLE CUSTO18 DIAL PARENT.—For purposes of this sub19 paragraph, the term ‘single custodial par20 ent’ means a custodial parent (biological or 

21 adopted) who is the only able-bodied adult 

22 in the household. 

23 (2) REQUIREMENT TO EXEMPT RELATIVE

24 CARETAKERS FROM WORK REQUIREMENTS AND TO

25 MAKE SUCH CARETAKERS ELIGIBLE FOR BENEFITS
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1 TO THE SAME EXTENT AS OTHER ADULT RECIPI2 ENTS.—Section 408(a) of the Social Security Act 

3 (42 U.S.C. 608(a)), as amended by section 5(c) is 

4 amended by adding at the end the following: 

5 ‘‘(14) REQUIREMENT TO EXEMPT RELATIVE

6 CARETAKERS FROM WORK REQUIREMENTS AND TO

7 MAKE SUCH CARETAKERS ELIGIBLE FOR BENEFITS

8 TO THE SAME EXTENT AS OTHER ADULT RECIPI9 ENTS.—A State to which a grant is made under sec10 tion 403 shall—

11 ‘‘(A) exempt any caretaker who is a rel12 ative of a child eligible for assistance under this 

13 part (other than a parent of the child) from any 

14 work requirement imposed under this part; 

15 ‘‘(B) not consider a family that includes 

16 such a relative caretaker as a family receiving 

17 assistance under the State program funded 

18 under this part for purposes of determining 

19 monthly participation rates under section 

20 407(b) unless the relative caretaker is volun21 tarily working, and the State has assessed the 

22 needs of the kinship care family and provided 

23 the family with, or referred the family for, ap24 propriate services, in which case the State may 
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1 opt to include such caretaker in the calculation 

2 of such rates; and 

3 ‘‘(C) make such a relative caretaker eligi4 ble for any benefit or service funded under this 

5 part to the same extent as other adult recipi6 ents of assistance under the State program 

7 funded under this part are eligible for such ben8 efits or services.’’. 

9 (B) CONFORMING AMENDMENT TO TIME

10 LIMIT FOR RECEIPT OF ASSISTANCE.—Section 

11 408(a)(7)(A) of the Social Security Act (42 

12 U.S.C. 608(a)(7)(A)) is amended by inserting 

13 ‘‘who is the birth or adoptive parent of a child 

14 in the family and’’ after ‘‘adult’’. 

15 (d) PROTECTIONS FOR FAMILIES.—Section 407(e)(2) 

16 of the Social Security Act (42 U.S.C. 607(e)) is amended 

17 to read as follows: 

18 ‘‘(2) EXCEPTION FOR LACK OF CHILD CARE.—

19 Notwithstanding paragraph (1), a State may not re20 duce or terminate assistance under the State pro21 gram funded under this part based on a refusal of 

22 an individual to engage in work required in accord23 ance with this section if the individual is a single 

24 custodial parent (as defined in subsection 

25 (c)(2)(B)(ii)) caring for a child who has not yet at-
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1 tained age 13 and certifies that the individual does 

2 not have meaningful access to safe, appropriate, af3 fordable and quality care for the child.’’. 

4 (e) TREATMENT OF CARE FOR A CHILD’S OR OTHER

5 RELATIVE’S HEALTH NEEDS AS A WORK ACTIVITY.—

6 Section 407(c)(2) of the Social Security Act (42 U.S.C. 

7 607(c)(2)), as amended by subsection (a)(1)(A)(ii), is 

8 amended by adding at the end the following: 

9 ‘‘(G) ALLOWANCE FOR CARE FOR A

10 CHILD’S OR OTHER RELATIVE’S HEALTH

11 NEEDS.—For purposes of determining monthly 

12 participation rates under subsection 

13 (b)(1)(B)(i), the State may, in determining 

14 hours of participation—

15 ‘‘(i) make reasonable allowances for 

16 absences of a participant necessary to care 

17 for a child’s or other relative’s health 

18 needs, or the health needs of the partici19 pant; and 

20 ‘‘(ii) make such other reasonable al21 lowances for absences of a participant as 

22 the State determines appropriate, in a 

23 manner consistent with the State’s leave

24 policies generally applicable to State em25 ployees.’’. 
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1 (f) EXCEPTION TO TIME LIMIT FOR FAMILIES CAR2 ING FOR A CHILD OR OTHER RELATIVE WITH A SERIOUS

3 HEALTH CONDITION OR A DISABILITY.—Section 

4 408(a)(7) of the Social Security Act (42 U.S.C. 

5 608(a)(7)), as amended by section 4(c), is amended by 

6 adding at the end the following: 

7 ‘‘(I) EXCEPTION TO TIME LIMIT FOR FAMI8 LIES CARING FOR SERIOUSLY ILL OR DISABLED

9 CHILD OR DEPENDENT ADULT.—For purposes 

10 of subparagraph (A), a benefit provided to a 

11 family during a month under the State program 

12 funded under this part shall not be considered 

13 assistance under the program if, during the 

14 month, the parent or caretaker relative for the 

15 family was engaged in caring for a child or 

16 other relative who has a serious health condi17 tion or a disability.’’. 

18 (g) NOTICE.—Section 408(b)(2)(A) of the Social Se19 curity Act (42 U.S.C. 608(b)(2)(A)), as amended by sub20 section (b), is amended—

21 (1) in clause (vii), by striking ‘‘and’’ at the end; 

22 (2) in clause (viii), by striking the period and 

23 inserting ‘‘; and’’; and 

24 (3) by adding at the end the following: 
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1 ‘‘(ix) documents the individual’s re2 ceipt of adequate notice of any child care 

3 assistance and any child care-related pro4 tections or exemptions from program re5 quirements for which the individual may be 

6 eligible.’’. 

7 (h) CHILD CARE REVIEW AND CONCILIATION.—Sec8 tion 408(a) of the Social Security Act (42 U.S.C. 608(a)), 

9 as amended by section 6(c)(2), is amended by adding at 

10 the end the following: 

11 ‘‘(15) REVIEW AND CONCILIATION PROCESS

12 FOR NONCOMPLIANCE WHERE LACK OF MEANING13 FUL ACCESS TO CHILD CARE IS A SIGNIFICANT CON14 TRIBUTING FACTOR.—

15 ‘‘(A) IN GENERAL.—A State to which a 

16 grant is made under section 403 shall not im17 pose a sanction or penalty against an individual 

18 under the State program funded under this 

19 part on the basis of noncompliance by an indi20 vidual or family with a program requirement, 

21 where lack of meaningful access to child care is 

22 a significant contributing factor in the non23 compliance. 

24 ‘‘(B) REQUIREMENT.—Prior to imposing a 

25 sanction or penalty against an individual under 
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1 the State program funded under this part, the 

2 State shall—

3 ‘‘(i) specifically consider whether the 

4 individual lacks access to safe, appropriate, 

5 affordable, quality child care; 

6 ‘‘(ii) if a lack of access to child care 

7 is identified, provide information regarding 

8 child care assistance for which the indi9 vidual or family may be eligible; and 

10 ‘‘(iii) modify or waive program re11 quirements as necessary with respect to 

12 the individual or family.’’. 

13 SEC. 7. ELIMINATION OF FULL-FAMILY SANCTIONS. 

14 Section 407(e)(1) of the Social Security Act (42 

15 U.S.C. 607(e)(1)) is amended by striking ‘‘the State 

16 shall’’ and all that follows through the period and insert17 ing the following ‘‘the State shall reduce the amount of 

18 assistance otherwise payable to the family pro rata with 

19 respect to any period during a month in which the indi20 vidual so refuses, subject to such good cause and other 

21 exceptions as the State may establish.’’. 

22 SEC. 8. EFFECTIVE DATE. 

23 The amendments made by this Act take effect on Oc24 tober 1, 2003.

Æ