I 
116TH CONGRESS 
1ST SESSION H. R. 2967 
To provide greater support for grandfamilies and older caretaker relatives. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 23, 2019 
Mr. DANNY K. DAVIS of Illinois introduced the following bill; which was re-
ferred to the Committee on Ways and Means, and in addition to the 
Committees on Education and Labor, Energy and Commerce, and Finan-
cial Services, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To provide greater support for grandfamilies and older 
caretaker relatives. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Grandfamilies Act of 
2019’’. 
VerDate Sep 11 2014 
04:41 May 31, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2967.IH
H2967
kjohnson on DSK79L0C42 with BILLS
SEC. 2. INCREASING ACCESS TO SOCIAL SECURITY BENE-
FITS FOR CHILDREN WHO LIVE WITH GRAND-
PARENTS OR OTHER FAMILY MEMBERS. 
(a) IN GENERAL.—Title II of the Social Security Act 
(42 U.S.C. 401 et seq.) is amended— 
(1) in section 202(d)— 
(A) in paragraph (1)(C), by inserting ‘‘ex-
cept as provided in paragraph (9),’’ before ‘‘was 
dependent’’; and 
(B) by amending paragraph (9) to read as 
follows: 
‘‘(9)(A) In the case of a child who is the child of an 
individual under clause (3) of the first sentence of section 
216(e) and is not a child of such individual under clause 
(1) or (2) of such first sentence, the criteria specified in 
subparagraph (B) shall apply instead of the criteria speci-
fied in subparagraph (C) of paragraph (1). 
‘‘(B) The criteria of this subparagraph are that— 
‘‘(i) the child has been living with such indi-
vidual in the United States for a period of not less 
than 12 months; 
‘‘(ii) the child has been receiving not less than 
1⁄2 of the child’s support from such individual for a 
period of not less than 12 months; and 
VerDate Sep 11 2014 
04:41 May 31, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2967.IH
H2967
kjohnson on DSK79L0C42 with BILLS
‘‘(iii) the period during which the child was liv-
ing with such individual began before the child at-
tained age 18. 
‘‘(C) In the case of a child who is less than 12 months 
old, such child shall be deemed to meet the requirements 
of subparagraph (B) if, on the date the child attains 1 
year of age, such child has lived with such individual in 
the United States and received at least 1⁄2 of the child’s 
support from such individual for substantially all of the 
period which began on the date of such child’s birth.’’; 
and 
(2) in section 216(e), in the first sentence— 
(A) 
by 
striking 
‘‘grandchild 
or 
stepgrandchild of an individual or his spouse’’ 
and inserting ‘‘grandchild, stepgrandchild, or 
other first-degree, second-degree, third-degree, 
fourth-degree, or fifth-degree relative of an indi-
vidual or the individual’s spouse’’; 
(B) by striking ‘‘was no natural or adop-
tive parent’’ and inserting ‘‘is no living natural 
or adoptive parent’’; 
(C) by striking ‘‘was under a disability’’ 
and inserting ‘‘is under a disability’’; 
VerDate Sep 11 2014 
04:41 May 31, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2967.IH
H2967
kjohnson on DSK79L0C42 with BILLS
(D) by striking ‘‘living at the time’’ and all 
that follows through ‘‘, or (B)’’ and inserting ‘‘, 
(B)’’; and 
(E) by inserting ‘‘, or (C) the person has 
been in the custody of such individual pursuant 
to a court order for a period of not less than 
12 months’’ before the first period. 
(b) CONFORMING AMENDMENTS.—Section 202(d)(1) 
of the Social Security Act (42 U.S.C. 402(d)(1)) is amend-
ed— 
(1) by striking ‘‘subparagraphs (A), (B), and 
(C)’’ and inserting ‘‘subparagraphs (A) and (B) and 
subparagraph (C) or paragraph (9) (as applicable)’’; 
and 
(2) by striking ‘‘subparagraphs (B) and (C)’’ 
and inserting ‘‘subparagraph (B) and subparagraph 
(C) or paragraph (9) (as applicable)’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the first day of the first 
fiscal year that begins after the date of enactment of this 
Act. 
SEC. 3. ELIMINATING BARRIERS TO TANF FOR CHILDREN 
AND OLDER CARETAKER RELATIVES. 
(a) BROADENING GOOD CAUSE EXCEPTION TO RE-
QUIREMENT TO PROVIDE INFORMATION ON NONCUSTO-
VerDate Sep 11 2014 
04:41 May 31, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2967.IH
H2967
kjohnson on DSK79L0C42 with BILLS
DIAL PARENTS.—Section 454(29)(A)(i) of the Social Se-
curity Act (42 U.S.C. 654(29)(A)(i)) is amended by strik-
ing ‘‘best interests of the child’’ and inserting ‘‘best inter-
ests of the child, including, if enforcement procedures 
against a non-custodial parent of the child are initiated, 
whether such procedures will impede the parent’s ability 
to reunify with the child in the future’’. 
(b) DISREGARD OF NONPARENT CARETAKER REL-
ATIVE INCOME, ASSETS, AND RESOURCES IN CHILD-ONLY 
CASES.— 
(1) IN GENERAL.—Section 408(a) of the Social 
Security Act (42 U.S.C. 608(a)) is amended by add-
ing at the end the following new paragraph: 
‘‘(13) DISREGARD
OF
INCOME, ASSETS, AND 
RESOURCES
FOR
NONPARENT
CARETAKER
REL-
ATIVES IN CHILD-ONLY CASES.— 
‘‘(A) IN
GENERAL.—With respect to a 
minor child who does not reside in the same 
household as a parent of the child, a State to 
which a grant is made under section 403 shall 
not take into account the income, assets, or re-
sources of such child’s nonparent caretaker rel-
ative who is not seeking assistance under the 
State program funded under this part or any 
other State program funded with qualified 
VerDate Sep 11 2014 
04:41 May 31, 2019
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2967.IH
H2967
kjohnson on DSK79L0C42 with BILLS
State expenditures (as defined in section 
409(a)(7)(B)(i)) on their own behalf in deter-
mining whether the child is eligible for assist-
ance under any such program, or in deter-
mining the amount or types of such assistance 
to be provided to the child. 
‘‘(B) 
EXCEPTION.—Subparagraph 
(A) 
shall not apply in the case of a State pro-
gram— 
‘‘(i) that is operated specifically for 
children living with nonparent caretaker 
relatives; 
‘‘(ii) that provides monthly financial 
assistance to a child living with a non-
parent caretaker relative in an amount 
that is greater than the amount of assist-
ance that the child would receive on the 
child’s own behalf under the State program 
funded under this part; 
‘‘(iii) that is separate from the State 
program funded under this part; and 
‘‘(iv) that is described in the State 
plan submitted under section 402.’’. 
VerDate Sep 11 2014 
04:41 May 31, 2019
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2967.IH
H2967
kjohnson on DSK79L0C42 with BILLS
(2) PENALTY.—Section 409(a) of the Social Se-
curity Act (42 U.S.C. 609(a)) is amended by adding 
at the end the following new paragraph: 
‘‘(17) PENALTY FOR FAILURE TO DISREGARD 
INCOME, ASSETS, AND RESOURCES OF NONPARENT 
CARETAKER
RELATIVE
IN
CHILD-ONLY
CASES.—If 
the Secretary determines that a State to which a 
grant is made under section 403 in a fiscal year has 
violated section 408(a)(13) during the fiscal year, 
the Secretary shall reduce the grant payable to the 
State under section 403(a)(1) for the immediately 
succeeding fiscal year by an amount equal to 3 per-
cent of the State family assistance grant.’’. 
(c) ELIMINATING 5-YEAR CAP ON ASSISTANCE IN 
CHILD-ONLY CASES.— 
(1) IN GENERAL.—Section 408(a)(7) of the So-
cial Security Act (42 U.S.C. 608(a)(7)) is amended 
by adding at the end the following new subpara-
graph: 
‘‘(H) NO LIMIT FOR CHILD-ONLY CASES.— 
A State shall not limit the number of months 
of assistance under the State program funded 
under this part or any other State program 
funded with qualified State expenditures (as de-
VerDate Sep 11 2014 
04:41 May 31, 2019
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2967.IH
H2967
kjohnson on DSK79L0C42 with BILLS
fined in section 409(a)(7)(B)(i)) for a family in 
which all adults in the family— 
‘‘(i) are nonparent caretaker relatives 
of a child who does not reside in the same 
household of the parent of the child; and 
‘‘(ii) do not receive assistance under 
the State program funded under this part 
or any other State program funded with 
qualified expenditures (as defined in sec-
tion 409(a)(7)(B)(i)) on their own be-
half.’’. 
(2) PENALTY.—Section 409(a) of the Social Se-
curity Act (42 U.S.C. 609(a)), as previously amend-
ed by this section, is amended— 
(A) in paragraph (9), by inserting ‘‘(other 
than 
subparagraph 
(H))’’ 
after 
‘‘section 
408(a)(7)’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(18) PENALTY FOR FAILURE TO COMPLY WITH 
5-YEAR CAP EXEMPTIONS.—If the Secretary deter-
mines that a State to which a grant is made under 
section 403 in a fiscal year has violated subpara-
graph (H) of section 408(a)(7) during the fiscal 
year, the Secretary shall reduce the grant payable to 
VerDate Sep 11 2014 
04:41 May 31, 2019
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2967.IH
H2967
kjohnson on DSK79L0C42 with BILLS
the State under section 403(a)(1) for the imme-
diately succeeding fiscal year by an amount equal to 
3 percent of the State family assistance grant’’. 
(d) EXEMPTION FROM WORK REQUIREMENTS FOR 
NONPARENT CARETAKER RELATIVES
IN CHILD-ONLY 
CASES.— 
(1) IN GENERAL.—Section 408 of the Social 
Security Act (42 U.S.C. 608) is amended by adding 
at the end the following new subsection: 
‘‘(h) STATE REQUIRED TO EXEMPT NONPARENT 
CARETAKER RELATIVES FROM WORK PARTICIPATION IN 
CHILD-ONLY CASES.—A State shall not require an indi-
vidual to engage in work if the individual— 
‘‘(1) is the nonparent caretaker relative of a 
child who does not reside in the same household as 
a parent of the child; and 
‘‘(2) resides in a household in which no adult 
receives assistance under the State program funded 
under this part or any other State program funded 
with qualified expenditures (as defined in section 
409(a)(7)(B)(i)) on their own behalf.’’. 
(2) PENALTY.—Section 409(a) of the Social Se-
curity Act (42 U.S.C. 609(a)), as previously amend-
ed by this section, is amended by adding at the end 
the following new paragraph: 
VerDate Sep 11 2014 
04:41 May 31, 2019
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2967.IH
H2967
kjohnson on DSK79L0C42 with BILLS
‘‘(19) PENALTY FOR FAILURE TO COMPLY WITH 
WORK
PARTICIPATION
EXEMPTIONS.—If the Sec-
retary determines that a State to which a grant is 
made under section 403 in a fiscal year has violated 
subsection (h) of section 408 during the fiscal year, 
the Secretary shall reduce the grant payable to the 
State under section 403(a)(1) for the immediately 
succeeding fiscal year by an amount equal to 3 per-
cent of the State family assistance grant.’’. 
(e) ELIMINATING 5-YEAR CAP ON ASSISTANCE FOR 
OLDER CARETAKER RELATIVES.— 
(1) IN GENERAL.—Section 408(a)(7) of the So-
cial Security Act (42 U.S.C. 608(a)(7)), as amended 
by subsection (c)(1), is amended by adding at the 
end the following new subparagraph: 
‘‘(I) NON-APPLICATION
OF
LIMIT
TO 
OLDER CARETAKER RELATIVES.— 
‘‘(i) NO
LIMIT
FOR
OLDER
CARE-
TAKER
RELATIVES.—Subparagraph 
(A) 
shall not apply and a State shall not limit 
the number of months of assistance under 
the State program funded under this part 
or any other State program funded with 
qualified State expenditures (as defined in 
section 409(a)(7)(B)(i)) based on receipt 
VerDate Sep 11 2014 
04:41 May 31, 2019
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2967.IH
H2967
kjohnson on DSK79L0C42 with BILLS
of such assistance by an individual who is 
an older caretaker relative (as defined for 
purposes of paragraph (14)). 
‘‘(ii) DISREGARD OF MONTHS OF AS-
SISTANCE .—In determining the number of 
months for which a family that includes an 
adult who has received assistance under 
the State program funded under this part 
or any other State program funded with 
qualified State expenditures (as defined in 
section 409(a)(7)(B)(i)), the State shall 
disregard any month for which such assist-
ance was provided with respect to the fam-
ily during which such adult was an older 
caretaker relative (as defined for purposes 
of paragraph (14)).’’. 
(2) PENALTY.—Section 409(a) of the Social Se-
curity Act (42 U.S.C. 609(a)), as previously amend-
ed by this section, is amended— 
(A) in paragraph (9), by inserting ‘‘or (I)’’ 
after ‘‘subparagraph (H)’’; and 
(B) in paragraph (18), by inserting ‘‘or 
(I)’’ after ‘‘subparagraph (H)’’. 
(f) EXEMPTION FROM WORK REQUIREMENTS FOR 
OLDER CARETAKER RELATIVES.— 
VerDate Sep 11 2014 
04:41 May 31, 2019
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2967.IH
H2967
kjohnson on DSK79L0C42 with BILLS