[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3501 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 3501
To provide greater support for grandfamilies and older caregiver
relatives.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 13, 2023
Mr. Casey (for himself, Mrs. Gillibrand, and Mr. Brown) introduced the
following bill; which was read twice and referred to the Committee on
Finance
_______________________________________________________________________
A BILL
To provide greater support for grandfamilies and older caregiver
relatives.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grandfamilies Act of 2023''.
SEC. 2. INCREASING ACCESS TO SOCIAL SECURITY BENEFITS FOR CHILDREN WHO
LIVE WITH GRANDPARENTS 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 ``except 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 specified in subparagraph (C) of paragraph (1).
``(B) The criteria of this subparagraph are that--
``(i) the child has been living with such individual 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
``(iii) the period during which the child was living with
such individual began before the child attained 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 individual or the individual's
spouse'';
(B) by striking ``was no natural or adoptive
parent'' and inserting ``is no living natural or
adoptive parent'';
(C) by striking ``was under a disability'' and
inserting ``is under a disability'';
(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 amended--
(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, OLDER CAREGIVER
RELATIVES, AND CAREGIVER RELATIVES CARING FOR A CHILD
WITH A DISABILITY.
(a) Broadening Good Cause Exception to Requirement To Provide
Information on Noncustodial Parents.--Section 454(29)(A)(i) of the
Social Security Act (42 U.S.C. 654(29)(A)(i)) is amended by striking
``best interests of the child'' and inserting ``best interests 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 Caregiver Relative 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 adding at the end the
following new paragraph:
``(13) Disregard of income, assets, and resources for
nonparent caregiver relatives 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 resources of such child's nonparent
caregiver relative who is not seeking 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)) on their own
behalf in determining whether the child is eligible for
assistance under any such program, or in determining
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 program--
``(i) that is operated specifically for
children living with nonparent caregiver
relatives;
``(ii) that provides monthly financial
assistance to a child living with a nonparent
caregiver relative in an amount that is greater
than the amount of assistance 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.''.
(2) Penalty.--Section 409(a) of the Social Security 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 caregiver 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 percent 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 Social Security
Act (42 U.S.C. 608(a)(7)) is amended by adding at the end the
following new subparagraph:
``(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
defined in section 409(a)(7)(B)(i)) for a family in
which all adults in the family--
``(i) are nonparent caregiver 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 section
409(a)(7)(B)(i)) on their own behalf.''.
(2) Penalty.--Section 409(a) of the Social Security Act (42
U.S.C. 609(a)), as previously amended 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 determines that a State to which
a grant is made under section 403 in a fiscal year has violated
subparagraph (H) of section 408(a)(7) 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 percent of the State family assistance
grant''.
(d) Exemption From Work Requirements for Nonparent Caregiver
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 Caregiver Relatives From
Work Participation in Child-Only Cases.--A State shall not require an
individual to engage in work if the individual--
``(1) is the nonparent caregiver 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 Security Act (42
U.S.C. 609(a)), as previously amended by this section, is
amended by adding at the end the following new paragraph:
``(19) Penalty for failure to comply with work
participation exemptions.--If the Secretary 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 percent of the
State family assistance grant.''.
(e) Eliminating 5-Year Cap on Assistance for Older Caregiver
Relatives and Caregiver Relatives Caring for a Child With a
Disability.--
(1) In general.--Section 408(a)(7) of the Social 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 caregiver
relatives and caregiver relatives caring for a child
with a disability.--
``(i) No limit for older caregiver
relatives and caregiver relatives caring for a
child with a disability.--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 of such
assistance by an individual who is an older
caregiver relative or a caregiver relative
caring for a child with a disability (as such
terms are defined for purposes of paragraph
(14)).
``(ii) Disregard of months of assistance.--
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 assistance
was provided with respect to the family during
which such adult was an older caregiver
relative or a caregiver relative caring for a
child with a disability (as such terms are
defined for purposes of paragraph (14)).''.
(2) Penalty.--Section 409(a) of the Social Security Act (42
U.S.C. 609(a)), as previously amended 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 Caregiver Relatives
and Caregiver Relatives Caring for a Child With a Disability.--
(1) In general.--Section 408 of the Social Security Act (42
U.S.C. 608), by subsection (d)(1), is amended by adding at the
end the following new subsection:
``(i) State Required To Exempt Caregiver Relatives From Work
Participation Where Caregiver Receives Assistance.--A State shall not
require an individual to engage in work, and, at the option of the
State and on a case-by-case basis, may disregard such individual in
determining the participation rates under section 407(a), if the
individual--
``(1) is an older caregiver relative or a caregiver
relative caring for a child with a disability (as such terms
are defined for purposes of subsection (a)(14)); and
``(2) directly receives assistance on the individual's own
behalf 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)).''.
(2) Penalty.--Paragraph (18) of section 409(a) of the
Social Security Act (42 U.S.C. 609(a)), as added by subsection
(d)(2), is amended by inserting ``or (i)'' after ``subsection
(h)''.
(3) Conforming amendments.--402(a)(1)(A) of the Social
Security Act (42 U.S.C. 602(a)(1)(A)) is amended--
(A) in clause (ii), by inserting ``and subject to
subsection (h) and (i) of section 408'' before the
period; and
(B) in clause (iii), by inserting ``and subject to
subsection (h) and (i) of section 408'' before the
period.
(g) Disregard of Income, Assets, and Resources for Older Caregiver
Relatives.--
(1) In general.--Section 408(a) of the Social Security Act
(42 U.S.C. 608(a)), as previously amended by this section, is
amended by adding at the end the following new paragraph:
``(14) Disregard of income, assets, and resources for older
caregiver relatives and caregiver relatives caring for a child
with a disability.--
``(A) In general.--In determining the eligibility
for, and amount 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)) for a family that includes an
individual who is an older caregiver relative (as
defined in subparagraph (B)) or a caregiver relative
caring for a child with a disability (as defined in
subparagraph (C)), a State to which a grant is made
under section 403 shall not take into account the
income, assets, or resources of that individual.
``(B) Definition of older caregiver relative.--
``(i) In general.--For purposes of this
paragraph, the term `older caregiver relative'
means an individual who--
``(I) subject to clause (ii), has
attained age 55; and
``(II) is the primary caregiver for
a minor child who--
``(aa) is living with the
individual;
``(bb) does not have a
parent living in the home; and
``(cc) is a grandchild,
stepgrandchild, or other first-
degree, second-degree, third-
degree, fourth-degree, or
fifth-degree relative of the
individual or the individual's
spouse.
``(ii) State option to modify age
criterion.--At the option of a State, such term
shall include an individual who has not
attained age 55.
``(iii) Determination to be made by
state.--The determination of whether an
individual meets the criteria described in
clause (i)(II) shall be made by the State.
``(C) Definition of caregiver relative caring for a
child with a disability.--
``(i) In general.--For purposes of this
paragraph, the term `caregiver relative caring
for a child with a disability' means an
individual, regardless of age, who is the
primary caregiver for a minor child who--
``(I) is living with the
individual;
``(II) is a child, grandchild,
stepgrandchild, or other first-degree,
second-degree, third-degree, fourth-
degree, or fifth-degree relative of the
individual or the individual's spouse;
and
``(III) has a disability, as
defined in section 3 of the Americans
with Disabilities Act of 1990 (42
U.S.C. 12102)).
``(ii) Determination to be made by state.--
The determination of whether an individual
meets the criteria described in clause (i)
shall be made by the State.''.
(2) Penalty.--Section 409(a) of the Social Security Act (42
U.S.C. 609(a)), as previously amended by this section, is
amended by adding at the end the following new paragraph:
``(20) Penalty for failure to disregard income, assets, and
resources for older caregiver relatives.--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)(14) 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 percent of the
State family assistance grant.''.
(h) Effective Date.--
(1) In general.--Except as provided in paragraph (2), 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.
(2) Delay permitted.--
(A) In general.--Before the date described in
subparagraph (B), a State plan under title IV of the
Social Security Act shall not be regarded as failing to
comply with an additional requirement imposed on the
plan by this section if the Secretary of Health and
Human Services determines that such additional
requirement--
(i) requires State legislation (other than
legislation appropriating funds) in order for
the plan to meet such additional requirement;
or
(ii) could not practicably be met by the
plan before such date.
(B) Date described.--For purposes of subparagraph
(A), the date described in this subparagraph is, with
respect to a State, the first day of the first calendar
quarter beginning after the close of the first regular
session of the State legislature that begins after the
date of enactment of this section. For purposes of the
previous sentence, in the case of a State that has a 2-
year legislative session, each year of such session
shall be deemed to be a separate regular session of the
State legislature.
SEC. 4. IMPROVING THE COLLECTION OF CHILD SUPPORT FOR FAMILIES
RECEIVING TANF ASSISTANCE.
(a) In General.--Section 454 of the Social Security Act (42 U.S.C.
654) is amended--
(1) by redesignating paragraphs (30) through (34) as
paragraphs (31) through (35), respectively; and
(2) by inserting after paragraph (29) the following:
``(30) include a description of--
``(A) the methods used by the State to determine
whether an individual who has applied for or is
receiving assistance under the State program funded
under part A, the State program under part E, the State
program under title XIX, or the supplemental nutrition
assistance program, as defined under section 3(h) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2012(h)),
is cooperating in good faith with the State in
establishing paternity or in establishing, modifying,
or enforcing a support order, as provided in paragraph
(29);
``(B) the State's process for determining in a
timely manner whether such an individual satisfies the
cooperation requirement described in subparagraph (A)
due to the individual's participation in another State
or Federal assistance program;
``(C) the good cause or other exceptions to the
cooperation requirement that the State recognizes,
including an explanation of any special requirements or
considerations for a relative caregiver seeking to
apply for such an exception; and
``(D) how the State makes clear to an individual
who has applied for or is receiving assistance under a
program referred to in subparagraph (A)--
``(i) what, if anything, the individual
needs to do in order to satisfy the cooperation
requirement, including explaining to the
individual how the individual might satisfy the
requirement through participation in another
State or Federal assistance program;
``(ii) the effect on the individual's
eligibility to receive assistance under a
program referred to in subparagraph (A), and
under other State or Federal assistance
programs, if the individual fails to satisfy
the cooperation requirement; and
``(iii) the good cause or other exceptions
to the cooperation requirement for which the
individual may be eligible, including if a
standard of proof is required to qualify for
each exception and an explanation of any
special requirements or considerations for
caregiver relatives;''.
(b) Conforming Amendments.--Title IV of the Social Security Act (42
U.S.C. 601 et seq.) is amended--
(1) in section 452(k)(1), by striking ``section 454(31)''
and inserting ``section 454(32)''; and
(2) in section 454, in the matter following paragraph (35)
(as redesignated by subsection (a)) by striking ``paragraph
(33)'' and inserting ``paragraph (34)''.
(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. 5. ENCOURAGING STATES TO ADOPT TEMPORARY GUARDIANSHIP LAWS.
(a) In General.--Section 474(a)(7) of the Social Security Act (42
U.S.C. 674(a)(7)) is amended by inserting ``(or, in the case of a State
that has in effect for the quarter a temporary guardianship law (as
defined in section 475(14)), 75 percent)'' after ``50 percent''.
(b) Definition.--Section 475 of the Social Security Act (42 U.S.C.
675) is amended by adding at the end the following new paragraph:
``(14)(A) The term `temporary guardianship law' means a State law
that allows for the establishment, by operation of such law and through
an easily navigable simple civil process, of a relationship between a
child and a nonparent caregiver who has taken responsibility for caring
for the child in the absence of the child's parents in which some of
the parental rights with respect to the child are transferred to the
caregiver for a specified period of time which may be extended or
renewed, except that the total period of time for which such rights are
transferred to the caregiver (including any extensions or renewals)
shall not exceed a maximum period of time (as established by the
State).
``(B) Under the process established under a law described in
subparagraph (A)--
``(i) court fees shall be waived or reduced; and
``(ii) any court forms or filings related to the process
are easy enough to understand that a nonparent caregiver who
has taken responsibility for caring for the child in the
absence of the child's parents could reasonably complete such
forms or filings without legal assistance.''.
(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. 6. GUIDANCE.
(a) Guidance to States on Ensuring Awareness of Child Welfare
System Among Kinship Caregivers.--Not later than the first day of the
first fiscal year that begins after the date of enactment of this Act,
the Secretary of Health and Human Services shall issue guidance to
States on ways to ensure that kinship caregivers who receive assistance
under a State program funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.) or any other State program funded
with qualified State expenditures (as defined in section
409(a)(7)(B)(i) of such Act (42 U.S.C. 609(a)(7)(B)(i))) are--
(1) provided with information about any appropriate
assistance and services available to them through the child
welfare system of the State, including eligibility for foster
care licensure and pathways to guardianship assistance programs
or adoption subsidies, and how to access such assistance and
services; and
(2) referred to any kinship navigator program operated by
the State.
(b) Guidance on Coordinating Assistance for Caregivers.--Not later
than the first day of the first fiscal year that begins after the date
of enactment of this Act, the Secretary of Health and Human Services
shall issue guidance for States identifying options for State programs,
including programs funded under title IV of the Social Security Act (42
U.S.C. 601 et seq.), programs funded under the Older Americans Act of
1965 (42 U.S.C. 3001 et seq.), and other relevant programs that are
jointly funded or administered by States and the Federal Government, to
collaborate, coordinate, and streamline outreach to, and processing of
applications of assistance, for grandparents and older relative
caregivers or kinship caregivers caring for grandchildren and other
relative children residing with them. The options identified in such
guidance shall include best practices for State programs to coordinate
with the National Technical Assistance Center on Grandfamilies and
Kinship Families established under section 2922 of the American Rescue
Plan Act (42 U.S.C. 3020g).
SEC. 7. STATE SUPPORT PLANS FOR GRANDPARENTS CARING FOR GRANDCHILDREN.
(a) In General.--Not later than the first day of the first fiscal
year that begins after the date of enactment of this Act, from amounts
appropriated to carry out this section, the Secretary of Health and
Human Services shall award grants to States for purposes of developing
State support plans for grandparents caring for grandchildren and other
relatives caring for relative children.
(b) Requirements.--A State support plan for grandparents caring for
grandchildren and other relatives caring for relative children that is
funded by a grant under this section shall include the following:
(1) An initial assessment of the state of grandparents
caring for grandchildren and other relatives caring for
relative children in the State.
(2) A plan for how appropriate State agencies can
collaborate in their efforts to provide financial support,
housing services, and other services and supports to
grandparents caring for grandchildren and other relatives
caring for relative children.
(3) Steps that the State proposes to take over the next 5
years to ensure that grandparents caring for grandchildren and
other relatives caring for relative children have necessary
resources.
(4) A plan to simplify or combine application requirements
for State public assistance programs to reduce administrative
burdens on recipients, with a focus on families consisting of
grandparents or other older caregiver relatives raising
relative children.
(5) A plan to incorporate in the State support plan--
(A) at least 1 recommendation from the most recent
report to Congress of the Advisory Council to Support
Grandparents Raising Grandchildren (provided that such
report was released not more than 5 years before the
date on which the State is awarded a grant under this
section); or
(B) least 1 recommendation from the Administration
for Community Living.
(c) Coordination With National Technical Assistance Center on
Grandfamilies and Kinship Families.--The National Technical Assistance
Center on Grandfamilies and Kinship Families established under section
2922 of the American Rescue Plan Act (42 U.S.C. 3020g) is encouraged to
coordinate with States on the development of State support plans funded
by grants under this section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 to carry out this section.
SEC. 8. GRANDFAMILIES AND KINSHIP FAMILIES ALLIANCE GRANTS.
(a) Purpose.--The purposes of this section are--
(1) to provide funds, through the Administration for
Community Living, to strengthen and support grassroots efforts
that address the unique needs of grandfamilies or kinship
families, including those supporting children with disabilities
or those navigating through mental health concerns or trauma;
and
(2) to establish cross-sector partnerships, in order to
establish interagency collaborations and foster the integration
of new or existing activities, designed to increase the health,
well-being, financial security, or legal standing of members of
grandfamilies or kinship families.
(b) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Administration for Community Living.
(2) Cross-sector.--The term ``cross-sector'', used with
respect to an entity, means that members of the entity
represent different service-related sectors, such as aging,
child welfare, income support, food and nutrition, legal,
health and mental health, education, housing, or disability
services.
(3) Cross-sector partnership.--The term ``cross-sector
partnership'' means an alliance, or other partnership, that--
(A) is cross-sector in nature; and
(B) serves a local (which may be regional) area.
(4) Educational provider.--The term ``educational
provider'' includes an institution of higher education,
including such an institution that is a junior or community
college (as defined in section 312(f) of the Higher Education
Act of 1965 (20 U.S.C. 1058(f))), and a secondary school (as
defined in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801)).
(5) Grandfamily or kinship family.--The term ``grandfamily
or kinship family'' means a family in which a child resides
with and is being raised by a grandparent, another extended
family member, or an adult with whom the child has a close
family-like relationship, such as a godparent or a close family
friend.
(6) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(7) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(8) State.--The term ``State'' means any of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Marianas.
(c) Grant Program.--
(1) In general.--The Administrator, acting directly, or by
contract with another entity, shall carry out a grant program.
In carrying out the program, the Administrator shall make
grants, on a competitive basis, to eligible entities. The
Administrator shall make the grants for periods of 5 years and
in amounts of not less than $200,000 per year.
(2) Eligible entities.--To be eligible to receive a grant
under this section, an entity shall--
(A) be a nonprofit organization, State or local
agency (including an area agency on aging as defined in
section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002)), an Indian Tribe, or an educational
provider in 1 or more States; and
(B) have a proven record of supporting members of
grandfamilies or kinship families and convening key
stakeholders to address an issue related to
grandfamilies or kinship families.
(3) Application.--To be eligible to receive a grant under
this section, an entity shall submit an application with
respect to a cross-sector partnership to the Administrator, at
such time, in such manner, and containing such information as
the Administrator may require, including--
(A) information that demonstrates the entity's
capacity for establishing and sustaining cross-system
partnerships aimed at improving the health, well-being,
financial security, or legal standing of grandfamily or
kinship family members;
(B) information that demonstrates the entity sought
and included, or an assurance that the entity will seek
and include, input from key stakeholders, including
members of grandfamilies or kinship families, when
establishing the partnership and identifying relevant
activities;
(C) a plan from the entity to incorporate in the
activities carried out under the grant--
(i) at least 1 recommendation from the most
recent report to Congress of the Advisory
Council to Support Grandparents Raising
Grandchildren (provided that such report was
released not more than 5 years before the date
on which the entity submits its application for
a grant under this section); or
(ii) at least 1 recommendation from the
Administration for Community Living;
(D) information that demonstrates that the cross-
sector partnership involved has developed or adopted,
or an assurance that the partnership will develop or
adopt, well-defined activities that are evidence-
informed or trauma specific or trauma informed, to
enhance the health, well-being, financial security, or
legal standing of grandfamilies or kinship families;
(E)(i) memoranda from at least 3 organizations that
are cross-sector stakeholders that indicate the
organizations will participate in the cross-sector
partnership;
(ii) an assurance that at least 1 participating
stakeholder organization, or the lead entity itself,
will be an institution of higher education that
provides not less than a 2-year program that is
acceptable for full credit toward a degree; and
(iii) an assurance that the contributions of the
participating stakeholder organizations will be
reflected in the programmatic budget of the
partnership;
(F) information that demonstrates how the eligible
entity will work with the cross-sector partnership to
align existing (as of the date of submission of the
application) activities to support members of
grandfamilies or kinship families;
(G) information that demonstrates how the eligible
entity will identify, support, and provide stipends to
volunteers to support the goals of the cross-sector
partnership, which volunteers may include--
(i) volunteers or participants of
AmeriCorps programs under the National and
Community Service Act of 1990 (42 U.S.C. 12501
et seq.) or the Domestic Volunteer Service Act
of 1973 (42 U.S.C. 4950 et seq.), the National
Community Care Corps program supported by the
Administration for Community Living, or any
other federally-funded program supporting
volunteers in community service;
(ii) community members; or
(iii) students at an institution of higher
education who are seeking internships or direct
volunteer experiences;
(H) information that identifies potential members
of a cross-sector advisory council that--
(i) will be comprised of at least 7
members, and on which a majority of members are
or have in the past been members of
grandfamilies or kinship families; and
(ii) will advise the partnership on
activities to be carried out under the grant;
and
(I) a plan developed by the eligible entity to work
in partnership with technical resource centers
supported by the Administration for Community Living,
including the National Technical Assistance Center on
Grandfamilies and Kinship Families established under
section 2922 of the American Rescue Plan Act (42 U.S.C.
3020g), on activities related to the objectives for the
grant.
(4) Preferences.--In determining which entities shall
receive grants under this section, the Administrator shall give
preference to entities that--
(A) provide geographic diversity, including
entities that serve rural localities;
(B) support children who have been orphaned by the
COVID-19 pandemic or opioid crisis;
(C) have capacity to provide culturally appropriate
activities;
(D) demonstrate capacity to work with educational
systems, including systems for early childhood
education or elementary education;
(E) support children with disabilities living with
a grandfamily or kinship family; or
(F) identify as a lived experience entity, which
are organizations, groups, or collaborations whose
primary mission is to put people with lived experience
in grandfamilies or kinship families in a position to
support other individuals going through similar
experiences.
(5) Uses of funds.--
(A) Required uses.--An entity that receives a grant
under this section shall use the grant funds--
(i) to establish or sustain a cross-sector
partnership to strengthen and support
grassroots efforts that address the unique
needs of grandfamilies or kinship families,
including those supporting children with
disabilities or those navigating through mental
health concerns or trauma;
(ii) to foster the integration of new or
existing activities designed to increase the
health, well-being, financial security, or
legal standing of members of grandfamilies or
kinship families; and
(iii) to promote peer-to-peer support
efforts, including such efforts through support
groups, social activities, or educational
training.
(B) Allowable uses.--An entity that receives a
grant under this section may use the grant funds--
(i) to support volunteer efforts related to
objectives of the partnership, including
conducting outreach to and providing stipends
for members of grandfamilies or kinship
families participating in advisory councils
described in paragraph (3)(H), or providing
peer-to-peer supports described in subparagraph
(A)(iii), who are not otherwise being paid for
such participation or supports;
(ii) for staff positions for the
partnership;
(iii) to conduct a gap and asset analysis
and to raise awareness of the needs of
grandfamilies or kinship families within the
local area served;
(iv) to support technology and software
needs related to the partnership;
(v) to reimburse project-related mileage
for staff and volunteers;
(vi) to attend grant recipient trainings or
other meetings with technical resource centers
supported by the Administration for Community
Living; or
(vii) to help grandfamilies or kinship
families coordinate benefits or assistance
under any Federal program or any State or local
program financed in whole or in part with
Federal funds.
(6) Supplement not supplant.--Amounts made available under
this section shall be used to supplement and not supplant other
Federal, State, and local public funds expended to provide
services for grandfamilies or kinship families.
(7) Annual report.--
(A) Information from grant recipients.--Each
recipient of a grant under this section shall annually
submit to the Administrator information consisting of--
(i) the number of individuals and
organizations supported by the partnership
funded by the grant, including the number of
people who received direct services or training
from the local activities carried out under
this section and the estimated number of people
who were impacted by the activities;
(ii) demographic data, including the age,
sex, ethnicity, disability status, and race of
those supported by the partnership;
(iii) the number of and demographic data
for volunteers involved in supporting the
objectives of the activities and the number of
people who benefited from the contributions of
volunteers;
(iv) recommendations to align and
coordinate activities across service-related
sectors, such as aging, child welfare, income
support, food and nutrition, legal, health and
mental health, or education services, for
members of grandfamilies or kinship families,
and lessons learned and promising practices
developed during the year; and
(v) ways in which the project supported by
the grant has engaged individuals with
experience related to being a member of a
grandfamily or kinship family in the design,
implementation, and feedback related to the
project.
(B) Report by administrator.--Not later than 2
years after the date of enactment of this Act and every
year thereafter, the Administrator shall--
(i) prepare, based on the information
submitted under subparagraph (A), a report on
the impact of the program carried out under
this section; and
(ii) submit the report to--
(I) the Committee on Health,
Education, Labor, and Pensions, the
Special Committee on Aging, and the
Committee on Finance of the Senate; and
(II) the Committee on Education and
Labor and the Committee on Ways and
Means of the House of Representatives.
(8) Evaluation.--
(A) In general.--The Administrator shall reserve
not more than 10 percent of the funds made available
under this section for administrative purposes.
(B) Evaluation.--The Administrator shall use funds
reserved under subparagraph (A) for evaluation in the
aggregate of the local activities supported by the
grants.
(C) Permissible uses of funds.--The Administrator
shall use the reserved funds for administrative
purposes that may include--
(i) the establishment of an interagency
task force to evaluate the recommendations
provided by grant recipients under paragraph
(7)(A)(iv), to foster Federal coordination
related to activities for grandfamilies or
kinship families;
(ii) support for the Administration for
Community Living's Research, Demonstration, and
Evaluation Center for the Aging Network,
established under section 201(g) of the Older
Americans Act of 1965 (42 U.S.C. 3011(g));
(iii) evaluation described in subparagraph
(B) by an independent evaluator, separate from
any of the grant recipients, hired by the
Administrator; and
(iv) hosting, not less than annually,
learning collaboratives with the grant
recipients.
(9) Funds.--There is authorized to be appropriated to carry
out this section $8,750,000 for each of fiscal years 2024
through 2028.
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