I
105TH CONGRESS
1ST SESSION
H. R. 1646
To authorize States to provide temporary assistance for needy families in
a manner that complements the efforts of certain adults who are caring
for the children of relatives.
IN THE HOUSE OF REPRESENTATIVES
MAY 15, 1997
Ms. WATERS (for herself, Mr. CUMMINGS, Mr. HILLIARD, Mr. JACKSON of Il-
linois, Ms. JACKSON-LEE of Florida, Ms. MCKINNEY, Mrs. MEEK of
Florida, Mr. THOMPSON, Ms. BROWN of Florida, Mr. RUSH, Mr. TOWNS,
Mr. DIXON, Mr. STOKES, Mr. CONYERS, Mr. DELLUMS, Mr. RANGEL,
Mrs. CLAYTON, Ms. KILPATRICK, Mr. CLYBURN, Mr. FORD, Mr. DAVIS
of Illinois, Mr. OWENS, Mr. WATT of North Carolina, Mr. WYNN, Mr.
SCOTT, Mr. HASTINGS of Florida, Ms. CHRISTIAN-GREEN, Ms. CARSON,
Ms. NORTON, Mr. PAYNE, Mr. CLAY, Mr. JEFFERSON, Ms. EDDIE BER-
NICE JOHNSON of Texas, Mr. FATTAH, Mr. LEWIS of Georgia, and Ms
MILLENDER-MCDONALD) introduced the following bill; which was re-
ferred to the Committee on Ways and Means
A BILL
To authorize States to provide temporary assistance for
needy families in a manner that complements the efforts
of certain adults who are caring for the children of
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 ‘‘Grandparent and Fam-
ily Caregiver Support Act of 1997’’.
SEC. 2. WORK REQUIREMENTS NOT TO APPLY TO FAMILIES
HEADED BY AN ADULT NONPARENTAL REL-
ATIVE CAREGIVER.
(a) WORK PARTICIPATION RATES TO BE DETER-
MINED WITHOUT REGARD TO FAMILIES HEADED BY AN
ADULT NONPARENTAL RELATIVE CAREGIVER.—Section
407(b) of the Social Security Act (42 U.S.C. 607(b)), as
added by section 103(a) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, is amended
by adding at the end the following:
‘‘(6) DISREGARD OF FAMILIES HEADED BY AN
ADULT
NONPARENTAL
RELATIVE
CAREGIVER.—In
determining the participation rates under this sub-
section, a State shall disregard any exempt family.’’.
(b) ADULT NONPARENTAL RELATIVE CAREGIVER
HEAD OF FAMILY EXEMPTED FROM PENALTIES FOR RE-
FUSAL TO WORK.—Section 407(e) of the Social Security
Act (42 U.S.C. 607(e)), as added by section 103(a) of the
Personal Responsibility and Work Opportunity Reconcili-
ation Act of 1996, is amended by adding at the end the
following:
‘‘(3) EXCEPTION
FOR
ADULT
NONPARENTAL
RELATIVE
CAREGIVER
HEAD
OF
FAMILY.—Para-
graph (1) shall not apply to any exempt adult.’’.
(c) PROHIBITION AGAINST IMPOSITION
OF WORK
REQUIREMENTS.—Section 408(a) of the Social Security
Act (42 U.S.C. 608(a)), as added by section 103(a) of the
Personal Responsibility and Work Opportunity Reconcili-
ation Act of 1996, is amended by adding at the end the
following:
‘‘(12) PROHIBITION
AGAINST
IMPOSITION
OF
WORK REQUIREMENTS ON FAMILIES HEADED BY AN
ADULT
NONPARENTAL
RELATIVE
CAREGIVER.—A
State to which a grant is made under this part shall
not use any part of the grant to require an exempt
adult to work, or to otherwise penalize an exempt
adult or an exempt family for the refusal of an ex-
empt adult to work.
(d) PENALTY FOR IMPOSITION OF WORK REQUIRE-
MENTS.—Section 409(a) of the Social Security Act (42
U.S.C. 609(a)), as added by section 103(a) of the Per-
sonal Responsibility and Work Opportunity Reconciliation
Act of 1996, is amended by redesignating paragraph (12)
as paragraph (13) and inserting after paragraph (11) the
following:
‘‘(12) PENALTY FOR IMPOSITION OF WORK RE-
QUIREMENTS ON FAMILIES HEADED BY AN ADULT
NONPARENTAL RELATIVE CAREGIVER.—If the Sec-
retary determines that a State to which a grant is
made under section 403 for a fiscal year has violated
section 408(a)(12) during the fiscal year, the Sec-
retary shall reduce the grant payable to the State
under section 403(a)(1) for the immediately succeed-
ing fiscal year by 5 percent.’’.
SEC. 3. TIME LIMITS NOT TO APPLY TO ADULT NONPAREN-
TAL RELATIVE CAREGIVER HEADS OF FAMI-
LIES.
(a) INAPPLICABILITY OF TIME LIMIT PROVISIONS.—
(1) 
2-YEAR
WORK
PROVISION.—Section
402(a)(1)(A)(ii) of the Social Security Act (42
U.S.C. 602(a)(1)(A)(ii)), as added by section 103(a)
of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996, is amended by in-
serting ‘‘, except as provided in section 407(e)(3)’’
before the period.
(2) 5-YEAR LIMIT.—
(A) IN
GENERAL.—Section 408(a)(7) of
the Social Security Act (42 U.S.C. 608(a)(7)),
as added by section 103(a) of the Personal Re-
sponsibility and Work Opportunity Reconcili-
ation Act of 1996, is amended by redesignating
subparagraphs (E) and (F) as subparagraphs
(F) and (G), respectively, and by inserting after
subparagraph (D) the following:
‘‘(E) DISREGARD OF MONTHS OF ASSIST-
ANCE RECEIVED BY FAMILY HEAD WHO IS AN
ADULT NONPARENTAL RELATIVE CAREGIVER.—
In determining the number of months for which
an adult has received assistance under the
State program funded under this part, the
State shall disregard any month during which
the adult is an exempt adult.’’.
(B) CONFORMING
AMENDMENT.—Section
408(a)(1)(B) of the Social Security Act (42
U.S.C. 608(a)(1)(B)), as added by section
103(a) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, is
amended by striking ‘‘or (D)’’ and inserting
‘‘, (D), or (E)’’.
(b) PROHIBITION AGAINST IMPOSITION
OF TIME
LIMITS.—Section 408(a) of the Social Security Act (42
U.S.C. 608(a)), as added by section 103(a) of the Per-
sonal Responsibility and Work Opportunity Reconciliation
Act of 1996 and as amended by section 2(c) of this Act,
is amended by adding at the end the following:
‘‘(13) PROHIBITION
AGAINST
IMPOSITION
OF
TIME LIMITS ON FAMILIES HEADED BY AN ADULT
NONPARENTAL RELATIVE CAREGIVER.—A State to
which a grant is made under this part shall not use
any part of the grant to impose a limit on the dura-
tion of assistance to an exempt adult or an exempt
family under any Federal, State, or local program,
or to otherwise penalize an exempt adult or an ex-
empt family by reason of such status.
(d) PENALTY FOR IMPOSITION OF TIME LIMITS.—
Section 409(a) of the Social Security Act (42 U.S.C.
609(a)), as added by section 103(a) of the Personal Re-
sponsibility and Work Opportunity Reconciliation Act of
1996 and as amended by section 2(d) of this Act, is
amended by redesignating paragraph (13) as paragraph
(14) and inserting after paragraph (12) the following:
‘‘(13) PENALTY FOR IMPOSITION OF TIME LIM-
ITS ON FAMILIES HEADED BY AN ADULT NONPAREN-
TAL RELATIVE CAREGIVER.—If the Secretary deter-
mines that a State to which a grant is made under
section 403 for 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 fis-
cal year by 5 percent.’’.
SEC. 4. GRANTS TO STATES FOR ASSISTANCE PROVIDED
FOR 
ADULT 
NONPARENTAL 
RELATIVE
CAREGIVERS.
Section 403(a) of the Social Security Act (42 U.S.C.
607(b)), as added by section 103(a) of the Personal Re-
sponsibility and Work Opportunity Reconciliation Act of
1996, is amended by adding at the end the following:
‘‘(5) GRANTS
FOR
SUPPORT
PROVIDED
FOR
ADULT NONPARENTAL RELATIVE CAREGIVERS.—
‘‘(A) IN
GENERAL.—Each eligible State
shall be entitled to receive from the Secretary
a grant for each fiscal year in an amount equal
to the total amount expended by the State dur-
ing the immediately preceding fiscal year under
the State program funded under this part for
assistance to any exempt family or exempt
adult for any month for which the family or the
adult, in the absence of section 408(a)(7)(E),
would not be eligible for such assistance.
‘‘(B) APPROPRIATION.—Out of any money
in the Treasury of the United States not other-
wise appropriated, there are appropriated for
grants under this paragraph such sums as may
be necessary for each fiscal year.’’.
SEC. 5. DEFINITIONS.
Section 419 of the Social Security Act (42 U.S.C.
607(b)), as added by section 103(a) of the Personal Re-
sponsibility and Work Opportunity Reconciliation Act of
1996, is amended by redesignating paragraphs (2)
through (5) as paragraphs (4) through (7), respectively,
and by inserting after paragraph (1) the following:
‘‘(2) EXEMPT
ADULT.—The term ‘exempt
adult’ means an adult who is—
‘‘(A) living with and caring for a minor
child who is related to (but not a biological
child of) the adult; and
‘‘(B) the head of a family that—
‘‘(i) does not include a parent of any
such minor child; and
‘‘(ii) does not include a biological child
of the adult.
‘‘(3) EXEMPT FAMILY.—The term ‘exempt fam-
ily’ means a family which—
‘‘(A) is headed by an adult who is living
with and caring for a minor child who is related
to (but not a biological child of) the adult;
‘‘(B) does not include a parent of any such
minor child; and
‘‘(C) does not include a biological child of
the adult.’’.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall take effect
as if included in the enactment of the Personal Respon-
sibility and Work Opportunity Reconciliation Act of 1996.
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