HR 4737 RS
Calendar No. 518
107th CONGRESS
2d Session
H.R. 4737
[Report No. 107-221]
IN THE SENATE OF THE UNITED STATES
May 16 (legislative day, MAY 9), 2002
Received; read twice and referred to the Committee on Finance
July 25, 2002
Reported by Mr. BAUCUS, with an amendment
[Strike out all after the enacting clause and insert the part printed in
italic]
AN ACT
To reauthorize and improve the program of block grants to States for
temporary assistance for needy families, improve access to quality child care,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
[Struck out->] SECTION 1. SHORT TITLE.
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out]
[Struck out->] This Act may be cited as the `Personal
Responsibility, Work, and Family Promotion Act of 2002'.
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out]
[Struck out->] SEC. 2. TABLE OF CONTENTS.
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out]
[Struck out->] The table of contents of this Act is as follows:
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[Struck out->] Sec. 1. Short title.
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out]
[Struck out->] Sec. 2. Table of contents.
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out]
[Struck out->] Sec. 3. References.
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out]
[Struck out->] Sec. 4. Findings.
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[Struck out->] TITLE I--TANF
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[Struck out->] Sec. 101. Purposes.
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out]
[Struck out->] Sec. 102. Family assistance grants.
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[Struck out->] Sec. 103. Promotion of family formation and
healthy marriage.
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[Struck out->] Sec. 104. Supplemental grant for population
increases in certain States.
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[Struck out->] Sec. 105. Bonus to reward employment
achievement.
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[Struck out->] Sec. 106. Contingency fund.
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out]
[Struck out->] Sec. 107. Use of funds.
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out]
[Struck out->] Sec. 108. Repeal of Federal loan for State
welfare programs.
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[Struck out->] Sec. 109. Universal engagement and family
self-sufficiency plan requirements.
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[Struck out->] Sec. 110. Work participation requirements.
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[Struck out->] Sec. 111. Maintenance of effort.
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[Struck out->] Sec. 112. Performance improvement.
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[Struck out->] Sec. 113. Data collection and reporting.
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[Struck out->] Sec. 114. Direct funding and administration by
Indian tribes.
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[Struck out->] Sec. 115. Research, evaluations, and national
studies.
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[Struck out->] Sec. 116. Studies by the Census Bureau and the
General Accounting Office.
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[Struck out->] Sec. 117. Definition of assistance.
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[Struck out->] Sec. 118. Technical corrections.
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[Struck out->] Sec. 119. Fatherhood program.
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[Struck out->] Sec. 120. State option to make TANF programs
mandatory partners with one-stop employment training centers.
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[Struck out->] Sec. 121. Sense of the Congress.
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[Struck out->] TITLE II--CHILD CARE
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[Struck out->] Sec. 201. Short title.
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[Struck out->] Sec. 202. Goals.
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[Struck out->] Sec. 203. Authorization of appropriations.
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[Struck out->] Sec. 204. Application and plan.
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[Struck out->] Sec. 205. Activities to improve the quality of
child care.
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[Struck out->] Sec. 206. Report by Secretary.
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[Struck out->] Sec. 207. Definitions.
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[Struck out->] Sec. 208. Entitlement funding.
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[Struck out->] TITLE III--TAXPAYER PROTECTIONS
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out]
[Struck out->] Sec. 301. Exclusion from gross income for
interest on overpayments of income tax by individuals.
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out]
[Struck out->] Sec. 302. Deposits made to suspend running of
interest on potential underpayments.
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[Struck out->] Sec. 303. Partial payment of tax liability in
installment agreements.
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[Struck out->] TITLE IV--CHILD SUPPORT
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out]
[Struck out->] Sec. 401. Federal matching funds for limited
pass through of child support payments to families receiving TANF.
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[Struck out->] Sec. 402. State option to pass through all child
support payments to families that formerly received TANF.
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[Struck out->] Sec. 403. Mandatory review and adjustment of
child support orders for families receiving TANF.
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out]
[Struck out->] Sec. 404. Mandatory fee for successful child
support collection for family that has never received TANF.
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[Struck out->] Sec. 405. Report on undistributed child support
payments.
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[Struck out->] Sec. 406. Use of new hire information to assist
in administration of unemployment compensation programs.
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out]
[Struck out->] Sec. 407. Decrease in amount of child support
arrearage triggering passport denial.
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[Struck out->] Sec. 408. Use of tax refund intercept program to
collect past-due child support on behalf of children who are not minors.
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[Struck out->] Sec. 409. Garnishment of compensation paid to
veterans for service-connected disabilities in order to enforce child
support obligations.
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[Struck out->] Sec. 410. Improving Federal debt collection
practices.
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[Struck out->] Sec. 411. Maintenance of technical assistance
funding.
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[Struck out->] Sec. 412. Maintenance of Federal Parent Locator
Service funding.
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[Struck out->] TITLE V--CHILD WELFARE
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[Struck out->] Sec. 501. Extension of authority to approve
demonstration projects.
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[Struck out->] Sec. 502. Elimination of limitation on number of
waivers.
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[Struck out->] Sec. 503. Elimination of limitation on number of
States that may be granted waivers to conduct demonstration projects on same
topic.
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[Struck out->] Sec. 504. Elimination of limitation on number of
waivers that may be granted to a single State for demonstration projects.
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[Struck out->] Sec. 505. Streamlined process for consideration
of amendments to and extensions of demonstration projects requiring waivers.
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[Struck out->] Sec. 506. Availability of reports.
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[Struck out->] Sec. 507. Technical correction.
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[Struck out->] TITLE VI--SUPPLEMENTAL SECURITY INCOME
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[Struck out->] Sec. 601. Review of State agency blindness and
disability determinations.
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[Struck out->] TITLE VII--STATE AND LOCAL FLEXIBILITY
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[Struck out->] Sec. 701. Program coordination demonstration
projects.
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[Struck out->] Sec. 702. State food assistance block grant
demonstration project.
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[Struck out->] TITLE VIII--ABSTINENCE EDUCATION
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out]
[Struck out->] Sec. 801. Extension of abstinence education
funding under maternal and child health program.
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[Struck out->] TITLE IX--TRANSITIONAL MEDICAL ASSISTANCE
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[Struck out->] Sec. 901. One-year reauthorization of
transitional medical assistance.
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[Struck out->] Sec. 902. Adjustment to payments for medicaid
administrative costs to prevent duplicative payments and to fund a 1-year
extension of transitional medical assistance.
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[Struck out->] TITLE X--EFFECTIVE DATE
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[Struck out->] Sec. 1001. Effective date.
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out]
[Struck out->] SEC. 3. REFERENCES.
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[Struck out->] Except as otherwise expressly provided, wherever
in this Act an amendment or repeal is expressed in terms of an amendment to,
or repeal of, a section or other provision, the amendment or repeal shall be
considered to be made to a section or other provision of the Social Security
Act.
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[Struck out->] SEC. 4. FINDINGS.
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[Struck out->] The Congress makes the following findings:
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[Struck out->] (1) The Temporary Assistance for Needy Families
(TANF) Program established by the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public Law 104-193) has succeeded in
moving families from welfare to work and reducing child poverty.
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[Struck out->] (A) There has been a dramatic increase in the
employment of current and former welfare recipients. The percentage of
working recipients reached an all-time high in fiscal years 1999 and 2000.
In fiscal year 1999, 33 percent of adult recipients were working, compared
to less than 7 percent in fiscal year 1992, and 11 percent in fiscal year
1996. All States met the overall participation rate standard in fiscal
year 2000, as did the District of Columbia and Puerto Rico.
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[Struck out->] (B) Earnings for welfare recipients remaining
on the rolls have also increased significantly, as have earnings for
female-headed households. The increases have been particularly large for
the bottom 2 income quintiles, that is, those women who are most likely to
be former or present welfare recipients.
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[Struck out->] (C) Welfare dependency has plummeted. As of
September 2001, 2,103,000 families and 5,333,000 individuals were
receiving assistance. Accordingly, the number of families in the welfare
caseload and the number of individuals receiving cash assistance declined
52 percent and 56 percent, respectively, since the enactment of TANF.
These declines have persisted even as unemployment rates have increased:
unemployment rates nationwide rose 25 percent, from 3.9 percent in
September 2000 to 4.9 percent in September 2001, while welfare caseloads
continued to drop by 7 percent.
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[Struck out->] (D) The child poverty rate continued to
decline between 1996 and 2000, falling 21 percent from 20.5 to 16.2
percent. The 2000 child poverty rate is the lowest since 1979. Child
poverty rates for African-American and Hispanic children have also fallen
dramatically during the past 6 years. African-American child poverty is at
the lowest rate on record and Hispanic child poverty has had the largest
4-year decrease on record.
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[Struck out->] (E) Despite these gains, States have had mixed
success in fully engaging welfare recipients in work activities. While all
States have met the overall work participation rates required by law, in
2000, in an average month, only about 1/3 of all families with an adult
participated in work activities that were countable toward the State's
participation rate. Eight jurisdictions failed to meet the more rigorous
2-parent work requirements, and about 20 States are not subject to the
2-parent requirements, most because they moved their 2-parent cases to
separate State programs where they are not subject to a penalty for
failing the 2-parent rates.
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[Struck out->] (2) As a Nation, we have made substantial
progress in reducing teen pregnancies and births, slowing increases in
nonmarital childbearing, and improving child support collections and
paternity establishment.
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[Struck out->] (A) The teen birth rate has fallen
continuously since 1991, down a dramatic 22 percent by 2000. During the
period of 1991-2000, teenage birth rates fell in all States and the
District of Columbia, Puerto Rico, and the Virgin Islands. Declines also
have spanned age, racial, and ethnic groups. There has been success in
lowering the birth rate for both younger and older teens. The birth rate
for those 15-17 years of age is down 29 percent since 1991, and the rate
for those 18 and 19 is down 16 percent. Between 1991 and 2000, teen birth
rates declined for all women ages 15-19--white, African American, American
Indian, Asian or Pacific Islander, and Hispanic women ages 15-19. The rate
for African American teens--until recently the highest--experienced the
largest decline, down 31 percent from 1991 to 2000, to reach the lowest
rate ever reported for this group. Most births to teens are nonmarital; in
2000, about 73 percent of the births to teens aged 15-19 occurred outside
of marriage.
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[Struck out->] (B) Nonmarital childbearing continued to
increase slightly in 2000, however not at the sharp rates of increase seen
in recent decades. The birth rate among unmarried women in 2000 was 3.5
percent lower than its peak reached in 1994, while the proportion of
births occurring outside of marriage has remained at approximately 33
percent since 1998.
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[Struck out->] (C) The negative consequences of
out-of-wedlock birth on the mother, the child, the family, and society are
well documented. These include increased likelihood of welfare dependency,
increased risks of low birth weight, poor cognitive development, child
abuse and neglect, and teen parenthood, and decreased likelihood of having
an intact marriage during adulthood.
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[Struck out->] (D) An estimated 23,900,000 children do not
live with their biological father. 16,000,000 children live with their
mother only. These facts are attributable largely to declining marriage
rates, increasing divorce rates, and increasing rates of nonmarital births
during the latter part of the 20th century.
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out]
[Struck out->] (E) There has been a dramatic rise in
cohabitation as marriages have declined. Only 40 percent of children of
cohabiting couples will see their parents marry. Those who do marry
experience a 50 percent higher divorce rate. Children in single-parent
households and cohabiting households are at much higher risk of child
abuse than children in intact married and stepparent families.
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[Struck out->] (F) Children who live apart from their
biological fathers, on average, are more likely to be poor, experience
educational, health, emotional, and psychological problems, be victims of
child abuse, engage in criminal behavior, and become involved with the
juvenile justice system than their peers who live with their married,
biological mother and father. A child living in a single-parent family is
nearly 5 times as likely to be poor as a child living in a married-couple
family. In married-couple families, the child poverty rate is 8.1 percent,
in households headed by a single mother, the poverty rate is 39.7 percent.
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[Struck out->] (G) Since the enactment of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, child
support collections within the child support enforcement system have grown
every year, increasing from $12,000,000,000 in fiscal year 1996 to nearly
$19,000,000,000 in fiscal year 2001. The number of paternities established
or acknowledged in fiscal year 2002 reached an historic high of over
1,500,000--which includes a nearly 100 percent increase through
in-hospital acknowledgement programs to 688,510 in 2000 from 349,356 in
1996. Child support collections were made in over 7,000,000 cases in
fiscal year 2000, significantly more than the almost 4,000,000 cases
having a collection in 1996.
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[Struck out->] (3) The Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 gave States great flexibility in the
use of Federal funds to develop innovative programs to help families leave
welfare and begin employment and to encourage the formation of 2-parent
families.
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[Struck out->] (A) Total Federal and State TANF expenditures
in fiscal year 2000 were $24,000,000,000, up from $22,600,000,000 for the
previous year. This increased spending is attributable to significant new
investments in supportive services in the TANF program, such as child care
and activities to support work.
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[Struck out->] (B) Since the welfare reform effort began
there has been a dramatic increase in work participation (including
employment, community service, and work experience) among welfare
recipients, as well as an unprecedented reduction in the caseload because
recipients have left welfare for work.
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[Struck out->] (C) States are making policy choices and
investment decisions best suited to the needs of their citizens.
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[Struck out->] (i) To expand aid to working families, all
States disregard a portion of a family's earned income when determining
benefit levels.
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[Struck out->] (ii) Most States increased the limits on
countable assets above the former Aid to Families with Dependent
Children (AFDC) program. Every State has increased the vehicle asset
level above the prior AFDC limit for a family's primary automobile.
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[Struck out->] (iii) States are experimenting with programs
to promote marriage and father involvement. Over half the States have
eliminated restrictions on 2-parent families. Many States use TANF,
child support, or State funds to support community-based activities to
help fathers become more involved in their children's lives or
strengthen relationships between mothers and fathers.
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[Struck out->] (4) Therefore, it is the sense of the Congress
that increasing success in moving families from welfare to work, as well as
in promoting healthy marriage and other means of improving child well-being,
are very important Government interests and the policy contained in part A
of title IV of the Social Security Act (as amended by this Act) is intended
to serve these ends.
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[Struck out->] TITLE I--TANF
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out]
[Struck out->] SEC. 101. PURPOSES.
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[Struck out->] Section 401(a) (42 U.S.C. 601(a)) is amended--
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[Struck out->] (1) in the matter preceding paragraph (1), by
striking `increase' and inserting `improve child well-being by increasing';
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[Struck out->] (2) in paragraph (1), by inserting `and
services' after `assistance';
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[Struck out->] (3) in paragraph (2), by striking `parents on
government benefits' and inserting `families on government benefits and
reduce poverty'; and
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[Struck out->] (4) in paragraph (4), by striking `two-parent
families' and inserting `healthy, 2-parent married families, and encourage
responsible fatherhood'.
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[Struck out->] SEC. 102. FAMILY ASSISTANCE GRANTS.
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[Struck out->] (a) EXTENSION OF AUTHORITY- Section 403(a)(1)(A)
(42 U.S.C. 603(a)(1)(A)) is amended--
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[Struck out->] (1) by striking `1996, 1997, 1998, 1999, 2000,
2001, and 2002' and inserting `2003 through 2007'; and
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out]
[Struck out->] (2) by inserting `payable to the State for the
fiscal year' before the period.
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[Struck out->] (b) STATE FAMILY ASSISTANCE GRANT- Section
403(a)(1) (42 U.S.C. 603(a)(1)) is amended by striking subparagraphs (B)
through (E) and inserting the following:
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[Struck out->] `(B) STATE FAMILY ASSISTANCE GRANT- The State
family assistance grant payable to a State for a fiscal year shall be the
amount that bears the same ratio to the amount specified in subparagraph
(C) of this paragraph as the amount required to be paid to the State under
this paragraph for fiscal year 2002 (determined without regard to any
reduction pursuant to section 412(a)(1)) bears to the total amount
required to be paid under this paragraph for fiscal year 2002.
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[Struck out->] `(C) APPROPRIATION- Out of any money in the
Treasury of the United States not otherwise appropriated, there are
appropriated for each of fiscal years 2003 through 2007 $16,566,542,000
for grants under this paragraph.'.
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[Struck out->] (c) MATCHING GRANTS FOR THE TERRITORIES- Section
1108(b)(2) (42 U.S.C. 1308(b)(2)) is amended by striking `1997 through 2002'
and inserting `2003 through 2007'.
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[Struck out->] SEC. 103. PROMOTION OF FAMILY FORMATION AND HEALTHY
MARRIAGE.
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[Struck out->] (a) STATE PLANS- Section 402(a)(1)(A) (42 U.S.C.
602(a)(1)(A)) is amended by adding at the end the following:
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[Struck out->] `(vii) Encourage equitable treatment of
married, 2-parent families under the program referred to in clause
(i).'.
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[Struck out->] (b) HEALTHY MARRIAGE PROMOTION GRANTS; REPEAL OF
BONUS FOR REDUCTION OF ILLEGITIMACY RATIO- Section 403(a)(2) (42 U.S.C.
603(a)(2)) is amended to read as follows:
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[Struck out->] `(2) HEALTHY MARRIAGE PROMOTION GRANTS-
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[Struck out->] `(A) AUTHORITY- The Secretary shall award
competitive grants to States, territories, and tribal organizations for
not more than 50 percent of the cost of developing and implementing
innovative programs to promote and support healthy, married, 2-parent
families.
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[Struck out->] `(B) HEALTHY MARRIAGE PROMOTION ACTIVITIES-
Funds provided under subparagraph (A) shall be used to support any of the
following programs or activities:
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[Struck out->] `(i) Public advertising campaigns on the
value of marriage and the skills needed to increase marital stability
and health.
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[Struck out->] `(ii) Education in high schools on the value
of marriage, relationship skills, and budgeting.
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out]
[Struck out->] `(iii) Marriage education, marriage skills,
and relationship skills programs, that may include parenting skills,
financial management, conflict resolution, and job and career
advancement, for non-married pregnant women and non-married expectant
fathers.
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[Struck out->] `(iv) Pre-marital education and marriage
skills training for engaged couples and for couples interested in
marriage.
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[Struck out->] `(v) Marriage enhancement and marriage
skills training programs for married couples.
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out]
[Struck out->] `(vi) Divorce reduction programs that teach
relationship skills.
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[Struck out->] `(vii) Marriage mentoring programs which use
married couples as role models and mentors in at-risk communities.
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[Struck out->] `(viii) Programs to reduce the disincentives
to marriage in means-tested aid programs, if offered in conjunction with
any activity described in this subparagraph.
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out]
[Struck out->] `(C) APPROPRIATION- Out of any money in the
Treasury of the United States not otherwise appropriated, there are
appropriated for each of fiscal years 2003 through 2007 $100,000,000 for
grants under this paragraph.'.
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[Struck out->] (c) COUNTING OF SPENDING ON NON-ELIGIBLE FAMILIES
TO PREVENT AND REDUCE INCIDENCE OF OUT-OF-WEDLOCK BIRTHS, ENCOURAGE FORMATION
AND MAINTENANCE OF HEALTHY, 2-PARENT MARRIED FAMILIES, OR ENCOURAGE
RESPONSIBLE FATHERHOOD- Section 409(a)(7)(B)(i) (42 U.S.C. 609(a)(7)(B)(i)) is
amended by adding at the end the following:
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[Struck out->] `(V) COUNTING OF SPENDING ON NON-ELIGIBLE
FAMILIES TO PREVENT AND REDUCE INCIDENCE OF OUT-OF-WEDLOCK BIRTHS,
ENCOURAGE FORMATION AND MAINTENANCE OF HEALTHY, 2-PARENT MARRIED
FAMILIES, OR ENCOURAGE RESPONSIBLE FATHERHOOD- The term `qualified
State expenditures' includes the total expenditures by the State
during the fiscal year under all State programs for a purpose
described in paragraph (3) or (4) of section 401(a).'.
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[Struck out->] SEC. 104. SUPPLEMENTAL GRANT FOR POPULATION
INCREASES IN CERTAIN STATES.
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[Struck out->] Section 403(a)(3)(H) (42 U.S.C. 603(a)(3)(H)) is
amended--
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[Struck out->] (1) in the subparagraph heading, by striking `OF
GRANTS FOR FISCAL YEAR 2002';
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[Struck out->] (2) in clause (i), by striking `fiscal year
2002' and inserting `each of fiscal years 2002 through 2006';
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[Struck out->] (3) in clause (ii), by striking `2002' and
inserting `2006'; and
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[Struck out->] (4) in clause (iii), by striking `fiscal year
2002' and inserting `each of fiscal years 2002 through 2006'.
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[Struck out->] SEC. 105. BONUS TO REWARD EMPLOYMENT ACHIEVEMENT.
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[Struck out->] (a) REALLOCATION OF FUNDING- Section 403(a)(4) (42
U.S.C. 603(a)(4)) is amended--
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[Struck out->] (1) in the paragraph heading, by striking `HIGH
PERFORMANCE STATES' and inserting `EMPLOYMENT ACHIEVEMENT';
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[Struck out->] (2) in subparagraph (D)(ii)--
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[Struck out->] (A) in subclause (I), by striking `equals
$200,000,000' and inserting `(other than 2003) equals $200,000,000, and
for bonus year 2003 equals $100,000,000'; and
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out]
[Struck out->] (B) in subclause (II), by striking
`$1,000,000,000' and inserting `$900,000,000'; and
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out]
[Struck out->] (3) in subparagraph (F), by striking
`$1,000,000,000' and inserting `$900,000,000'.
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out]
[Struck out->] (b) BONUS TO REWARD EMPLOYMENT ACHIEVEMENT-
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[Struck out->] (1) IN GENERAL- Section 403(a)(4) (42 U.S.C.
603(a)(4)) is amended by striking subparagraphs (A) through (F) and
inserting the following:
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[Struck out->] `(A) IN GENERAL- The Secretary shall make a
grant pursuant to this paragraph to each State for each bonus year for
which the State is an employment achievement State.
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out]
[Struck out->] `(B) AMOUNT OF GRANT-
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out]
[Struck out->] `(i) IN GENERAL- Subject to clause (ii) of
this subparagraph, the Secretary shall determine the amount of the grant
payable under this paragraph to an employment achievement State for a
bonus year, which shall be based on the performance of the State as
determined under subparagraph (D)(i) for the fiscal year that
immediately precedes the bonus year.
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out]
[Struck out->] `(ii) LIMITATION- The amount payable to a
State under this paragraph for a bonus year shall not exceed 5 percent
of the State family assistance grant.
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out]
[Struck out->] `(C) FORMULA FOR MEASURING STATE PERFORMANCE-
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[Struck out->] `(i) IN GENERAL- Subject to clause (ii), not
later than October 1, 2003, the Secretary, in consultation with the
States, shall develop a formula for measuring State performance in
operating the State program funded under this part so as to achieve the
goals of employment entry, job retention, and increased earnings from
employment for families receiving assistance under the program, as
measured on an absolute basis and on the basis of improvement in State
performance.
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[Struck out->] `(ii) SPECIAL RULE FOR BONUS YEAR 2004- For
the purposes of awarding a bonus under this paragraph for bonus year
2004, the Secretary may measure the performance of a State in fiscal
year 2003 using the job entry rate, job retention rate, and earnings
gain rate components of the formula developed under section 403(a)(4)(C)
as in effect immediately before the effective date of this paragraph.
[<-Struck out]
[Struck out->] `(D) DETERMINATION OF STATE PERFORMANCE- For
each bonus year, the Secretary shall--
[<-Struck out]
[Struck out->] `(i) use the formula developed under
subparagraph (C) to determine the performance of each eligible State for
the fiscal year that precedes the bonus year; and
[<-Struck
out]
[Struck out->] `(ii) prescribe performance standards in
such a manner so as to ensure that--
[<-Struck
out]
[Struck out->] `(I) the average annual total amount of
grants to be made under this paragraph for each bonus year equals
$100,000,000; and
[<-Struck out]
[Struck out->] `(II) the total amount of grants to be
made under this paragraph for all bonus years equals $500,000,000.
[<-Struck out]
[Struck out->] `(E) DEFINITIONS- In this paragraph:
[<-Struck out]
[Struck out->] `(i) BONUS YEAR- The term `bonus year' means
each of fiscal years 2004 through 2008.
[<-Struck
out]
[Struck out->] `(ii) EMPLOYMENT ACHIEVEMENT STATE- The term
`employment achievement State' means, with respect to a bonus year, an
eligible State whose performance determined pursuant to subparagraph
(D)(i) for the fiscal year preceding the bonus year equals or exceeds
the performance standards prescribed under subparagraph (D)(ii) for such
preceding fiscal year.
[<-Struck out]
[Struck out->] `(F) APPROPRIATION- Out of any money in the
Treasury of the United States not otherwise appropriated, there are
appropriated for fiscal years 2004 through 2008 $500,000,000 for grants
under this paragraph.
[<-Struck out]
[Struck out->] `(G) GRANTS FOR TRIBAL ORGANIZATIONS- This
paragraph shall apply with respect to tribal organizations in the same
manner in which this paragraph applies with respect to States. In
determining the criteria under which to make grants to tribal
organizations under this paragraph, the Secretary shall consult with
tribal organizations.'.
[<-Struck out]
[Struck out->] (2) EFFECTIVE DATE- The amendment made by
paragraph (1) shall take effect on October 1, 2003.
[<-Struck
out]
[Struck out->] SEC. 106. CONTINGENCY FUND.
[<-Struck
out]
[Struck out->] (a) DEPOSITS INTO FUND- Section 403(b)(2) (42
U.S.C. 603(b)(2)) is amended--
[<-Struck out]
[Struck out->] (1) by striking `1997, 1998, 1999, 2000, 2001,
and 2002' and inserting `2003 through 2007'; and
[<-Struck
out]
[Struck out->] (2) by striking all that follows
`$2,000,000,000' and inserting a period.
[<-Struck out]
[Struck out->] (b) GRANTS- Section 403(b)(3)(C)(ii) (42 U.S.C.
603(b)(3)(C)(ii)) is amended by striking `fiscal years 1997 through 2002' and
inserting `fiscal years 2003 through 2007'.
[<-Struck out]
[Struck out->] (c) DEFINITION OF NEEDY STATE- Clauses (i) and
(ii) of section 403(b)(5)(B) (42 U.S.C. 603(b)(5)(B)) are amended by inserting
after `1996' the following: `, and the Food Stamp Act of 1977 as in effect
during the corresponding 3-month period in the fiscal year preceding such most
recently concluded 3-month period,'.
[<-Struck out]
[Struck out->] (d) ANNUAL RECONCILIATION: FEDERAL MATCHING OF
STATE EXPENDITURES ABOVE `MAINTENANCE OF EFFORT' LEVEL- Section 403(b)(6) (42
U.S.C. 603(b)(6)) is amended--
[<-Struck out]
[Struck out->] (1) in subparagraph (A)(ii)--
[<-Struck out]
[Struck out->] (A) by adding `and' at the end of subclause
(I);
[<-Struck out]
[Struck out->] (B) by striking `; and' at the end of
subclause (II) and inserting a period; and
[<-Struck
out]
[Struck out->] (C) by striking subclause (III);
[<-Struck out]
[Struck out->] (2) in subparagraph (B)(i)(II), by striking all
that follows `section 409(a)(7)(B)(iii))' and inserting a period;
[<-Struck out]
[Struck out->] (3) by amending subparagraph (B)(ii)(I) to read
as follows:
[<-Struck out]
[Struck out->] `(I) the qualified State expenditures (as
defined in section 409(a)(7)(B)(i)) for the fiscal year; plus'; and
[<-Struck out]
[Struck out->] (4) by striking subparagraph (C).
[<-Struck out]
[Struck out->] (e) CONSIDERATION OF CERTAIN CHILD CARE
EXPENDITURES IN DETERMINING STATE COMPLIANCE WITH CONTINGENCY FUND MAINTENANCE
OF EFFORT REQUIREMENT- Section 409(a)(10) (42 U.S.C. 609(a)(10)) is amended--
[<-Struck out]
[Struck out->] (1) by striking `(other than the expenditures
described in subclause (I)(bb) of that paragraph)) under the State program
funded under this part' and inserting a close parenthesis; and
[<-Struck out]
[Struck out->] (2) by striking `excluding any amount expended
by the State for child care under subsection (g) or (i) of section 402 (as
in effect during fiscal year 1994) for fiscal year 1994,'.
[<-Struck out]
[Struck out->] SEC. 107. USE OF FUNDS.
[<-Struck
out]
[Struck out->] (a) GENERAL RULES- Section 404(a)(2) (42 U.S.C.
604(a)(2)) is amended by striking `in any manner that' and inserting `for any
purposes or activities for which'.
[<-Struck out]
[Struck out->] (b) TREATMENT OF INTERSTATE IMMIGRANTS-
[<-Struck out]
[Struck out->] (1) STATE PLAN PROVISION- Section 402(a)(1)(B)
(42 U.S.C. 602(a)(1)(B)) is amended by striking clause (i) and redesignating
clauses (ii) through (iv) as clauses (i) through (iii), respectively.
[<-Struck out]
[Struck out->] (2) USE OF FUNDS- Section 404 (42 U.S.C. 604) is
amended by striking subsection (c).
[<-Struck out]
[Struck out->] (c) INCREASE IN AMOUNT TRANSFERABLE TO CHILD CARE-
Section 404(d)(1) (42 U.S.C. 604(d)(1)) is amended by striking `30' and
inserting `50'.
[<-Struck out]
[Struck out->] (d) INCREASE IN AMOUNT TRANSFERABLE TO TITLE XX
PROGRAMS- Section 404(d)(2)(B) (42 U.S.C. 604(d)(2)(B)) is amended to read as
follows:
[<-Struck out]
[Struck out->] `(B) APPLICABLE PERCENT- For purposes of
subparagraph (A), the applicable percent is 10 percent for fiscal year
2003 and each succeeding fiscal year.'.
[<-Struck out]
[Struck out->] (e) CLARIFICATION OF AUTHORITY OF STATES TO USE
TANF FUNDS CARRIED OVER FROM PRIOR YEARS TO PROVIDE TANF BENEFITS AND
SERVICES- Section 404(e) (42 U.S.C. 604(e)) is amended to read as follows:
[<-Struck out]
[Struck out->] `(e) AUTHORITY TO CARRYOVER OR RESERVE CERTAIN
AMOUNTS FOR BENEFITS OR SERVICES OR FOR FUTURE CONTINGENCIES-
[<-Struck out]
[Struck out->] `(1) CARRYOVER- A State or tribe may use a grant
made to the State or tribe under this part for any fiscal year to provide,
without fiscal year limitation, any benefit or service that may be provided
under the State or tribal program funded under this part.
[<-Struck out]
[Struck out->] `(2) CONTINGENCY RESERVE- A State or tribe may
designate any portion of a grant made to the State or tribe under this part
as a contingency reserve for future needs, and may use any amount so
designated to provide, without fiscal year limitation, any benefit or
service that may be provided under the State or tribal program funded under
this part. If a State or tribe so designates a portion of such a grant, the
State shall, on an annual basis, include in its report under section 411(a)
the amount so designated.'.
[<-Struck out]
[Struck out->] SEC. 108. REPEAL OF FEDERAL LOAN FOR STATE WELFARE
PROGRAMS.
[<-Struck out]
[Struck out->] (a) REPEAL- Section 406 (42 U.S.C. 606) is
repealed.
[<-Struck out]
[Struck out->] (b) CONFORMING AMENDMENTS-
[<-Struck
out]
[Struck out->] (1) Section 409(a) (42 U.S.C. 609(a)) is amended
by striking paragraph (6).
[<-Struck out]
[Struck out->] (2) Section 412 (42 U.S.C. 612) is amended by
striking subsection (f) and redesignating subsections (g) through (i) as
subsections (f) through (h), respectively.
[<-Struck out]
[Struck out->] (3) Section 1108(a)(2) (42 U.S.C. 1308(a)(2)) is
amended by striking `406,'.
[<-Struck out]
[Struck out->] SEC. 109. UNIVERSAL ENGAGEMENT AND FAMILY
SELF-SUFFICIENCY PLAN REQUIREMENTS.
[<-Struck out]
[Struck out->] (a) MODIFICATION OF STATE PLAN REQUIREMENTS-
Section 402(a)(1)(A) (42 U.S.C. 602(a)(1)(A)) is amended by striking clauses
(ii) and (iii) and inserting the following:
[<-Struck out]
[Struck out->] `(ii) Require a parent or caretaker
receiving assistance under the program to engage in work or alternative
self-sufficiency activities (as defined by the State), consistent with
section 407(e)(2).
[<-Struck out]
[Struck out->] `(iii) Require families receiving assistance
under the program to engage in activities in accordance with family
self-sufficiency plans developed pursuant to section 408(b).'.
[<-Struck out]
[Struck out->] (b) ESTABLISHMENT OF FAMILY SELF-SUFFICIENCY
PLANS-
[<-Struck out]
[Struck out->] (1) IN GENERAL- Section 408(b) (42 U.S.C.
608(b)) is amended to read as follows:
[<-Struck out]
[Struck out->] `(b) FAMILY SELF-SUFFICIENCY PLANS-
[<-Struck out]
[Struck out->] `(1) IN GENERAL- A State to which a grant is
made under section 403 shall--
[<-Struck out]
[Struck out->] `(A) assess, in the manner deemed appropriate
by the State, of the skills, prior work experience, and employability of
each work-eligible individual (as defined in section 407(b)(2)(C))
receiving assistance under the State program funded under this part;
[<-Struck out]
[Struck out->] `(B) establish for each family that includes
such an individual, in consultation as the State deems appropriate with
the individual, a self-sufficiency plan that specifies appropriate
activities described in the State plan submitted pursuant to section 402,
including direct work activities as appropriate designed to assist the
family in achieving their maximum degree of self-sufficiency, and that
provides for the ongoing participation of the individual in the
activities;
[<-Struck out]
[Struck out->] `(C) require, at a minimum, each such
individual to participate in activities in accordance with the
self-sufficiency plan;
[<-Struck out]
[Struck out->] `(D) monitor the participation of each such
individual in the activities specified in the self sufficiency plan, and
regularly review the progress of the family toward self-sufficiency;
[<-Struck out]
[Struck out->] `(E) upon such a review, revise the
self-sufficiency plan and activities as the State deems appropriate.
[<-Struck out]
[Struck out->] `(2) TIMING- The State shall comply with
paragraph (1) with respect to a family--
[<-Struck out]
[Struck out->] `(A) in the case of a family that, as of
October 1, 2002, is not receiving assistance from the State program funded
under this part, not later than 60 days after the family first receives
assistance on the basis of the most recent application for the assistance;
or
[<-Struck out]
[Struck out->] `(B) in the case of a family that, as of such
date, is receiving the assistance, not later than 12 months after the date
of enactment of this subsection.
[<-Struck out]
[Struck out->] `(3) STATE DISCRETION- A State shall have sole
discretion, consistent with section 407, to define and design activities for
families for purposes of this subsection, to develop methods for monitoring
and reviewing progress pursuant to this subsection, and to make
modifications to the plan as the State deems appropriate to assist the
individual in increasing their degree of self-sufficiency.
[<-Struck out]
[Struck out->] `(4) RULE OF INTERPRETATION- Nothing in this
part shall preclude a State from requiring participation in work and any
other activities the State deems appropriate for helping families achieve
self-sufficiency and improving child well-being.'.
[<-Struck
out]
[Struck out->] (2) PENALTY FOR FAILURE TO ESTABLISH FAMILY
SELF-SUFFICIENCY PLAN- Section 409(a)(3) (42 U.S.C. 609(a)(3)) is amended--
[<-Struck out]
[Struck out->] (A) in the paragraph heading, by inserting `OR
ESTABLISH FAMILY SELF-SUFFICIENCY PLAN' after `RATES'; and
[<-Struck out]
[Struck out->] (B) in subparagraph (A), by inserting `or
408(b)' after `407(a)'.
[<-Struck out]
[Struck out->] SEC. 110. WORK PARTICIPATION REQUIREMENTS.
[<-Struck out]
[Struck out->] (a) IN GENERAL- Section 407 (42 U.S.C. 607) is
amended by striking all that precedes subsection (b)(3) and inserting the
following:
[<-Struck out]
[Struck out->] `SEC. 407. WORK PARTICIPATION REQUIREMENTS.
[<-Struck out]
[Struck out->] `(a) PARTICIPATION RATE REQUIREMENTS- A State to
which a grant is made under section 403 for a fiscal year shall achieve a
minimum participation rate equal to not less than--
[<-Struck
out]
[Struck out->] `(1) 50 percent for fiscal year 2003;
[<-Struck out]
[Struck out->] `(2) 55 percent for fiscal year 2004;
[<-Struck out]
[Struck out->] `(3) 60 percent for fiscal year 2005;
[<-Struck out]
[Struck out->] `(4) 65 percent for fiscal year 2006; and
[<-Struck out]
[Struck out->] `(5) 70 percent for fiscal year 2007 and each
succeeding fiscal year.
[<-Struck out]
[Struck out->] `(b) CALCULATION OF PARTICIPATION RATES-
[<-Struck out]
[Struck out->] `(1) AVERAGE MONTHLY RATE- For purposes of
subsection (a), the participation rate of a State for a fiscal year is the
average of the participation rates of the State for each month in the fiscal
year.
[<-Struck out]
[Struck out->] `(2) MONTHLY PARTICIPATION RATES; INCORPORATION
OF 40-HOUR WORK WEEK STANDARD-
[<-Struck out]
[Struck out->] `(A) IN GENERAL- For purposes of paragraph
(1), the participation rate of a State for a month is--
[<-Struck out]
[Struck out->] `(i) the total number of countable hours (as
defined in subsection (c)) with respect to the counted families for the
State for the month; divided by
[<-Struck out]
[Struck out->] `(ii) 160 multiplied by the number of
counted families for the State for the month.
[<-Struck
out]
[Struck out->] `(B) COUNTED FAMILIES DEFINED-
[<-Struck out]
[Struck out->] `(i) IN GENERAL- In subparagraph (A), the
term `counted family' means, with respect to a State and a month, a
family that includes a work-eligible individual and that receives
assistance in the month under the State program funded under this part,
subject to clause (ii).
[<-Struck out]
[Struck out->] `(ii) STATE OPTION TO EXCLUDE CERTAIN
FAMILIES- At the option of a State, the term `counted family' shall not
include--
[<-Struck out]
[Struck out->] `(I) a family in the first month for which
the family receives assistance from a State program funded under this
part on the basis of the most recent application for such assistance;
or
[<-Struck out]
[Struck out->] `(II) on a case-by-case basis, a family in
which the youngest child has not attained 12 months of age.
[<-Struck out]
[Struck out->] `(iii) STATE OPTION TO INCLUDE INDIVIDUALS
RECEIVING ASSISTANCE UNDER A TRIBAL FAMILY ASSISTANCE PLAN OR TRIBAL
WORK PROGRAM- At the option of a State, the term `counted family' may
include families in the State that are receiving assistance under a
tribal family assistance plan approved under section 412 or under a
tribal work program to which funds are provided under this part.
[<-Struck out]
[Struck out->] `(C) WORK-ELIGIBLE INDIVIDUAL DEFINED- In this
section, the term `work-eligible individual' means an individual--
[<-Struck out]
[Struck out->] `(i) who is married or a single head of
household; and
[<-Struck out]
[Struck out->] `(ii) whose needs are (or, but for sanctions
under this part that have been in effect for more than 3 months (whether
or not consecutive) in the preceding 12 months or under part D, would
be) included in determining the amount of cash assistance to be provided
to the family under the State program funded under this part.'.
[<-Struck out]
[Struck out->] (b) RECALIBRATION OF CASELOAD REDUCTION CREDIT-
Section 407(b)(3)(A)(ii) (42 U.S.C. 607(b)(3)(A)(ii)) is amended to read as
follows:
[<-Struck out]
[Struck out->] `(ii) the average monthly number of families
that received assistance under the State program funded under this part
during--
[<-Struck out]
[Struck out->] `(I) if the fiscal year is fiscal year
2003, fiscal year 1996;
[<-Struck out]
[Struck out->] `(II) if the fiscal year is fiscal year
2004, fiscal year 1998;
[<-Struck out]
[Struck out->] `(III) if the fiscal year is fiscal year
2005, fiscal year 2001; or
[<-Struck out]
[Struck out->] `(IV) if the fiscal year is fiscal year
2006 or any succeeding fiscal year, the then 4th preceding fiscal
year.'.
[<-Struck out]
[Struck out->] (c) SUPERACHIEVER CREDIT- Section 407(b) (42
U.S.C. 607(b)) is amended by striking paragraphs (4) and (5) and inserting the
following:
[<-Struck out]
[Struck out->] `(4) SUPERACHIEVER CREDIT-
[<-Struck
out]
[Struck out->] `(A) IN GENERAL- The participation rate,
determined under paragraphs (1) and (2) of this subsection, of a
superachiever State for a fiscal year shall be increased by the lesser
of--
[<-Struck out]
[Struck out->] `(i) the amount (if any) of the
superachiever credit applicable to the State; or
[<-Struck
out]
[Struck out->] `(ii) the number of percentage points (if
any) by which the minimum participation rate required by subsection (a)
for the fiscal year exceeds 50 percent.
[<-Struck
out]
[Struck out->] `(B) SUPERACHIEVER STATE- For purposes of
subparagraph (A), a State is a superachiever State if the State caseload
for fiscal year 2001 has declined by at least 60 percent from the State
caseload for fiscal year 1995.
[<-Struck out]
[Struck out->] `(C) AMOUNT OF CREDIT- The superachiever
credit applicable to a State is the number of percentage points (if any)
by which the decline referred to in subparagraph (B) exceeds 60 percent.
[<-Struck out]
[Struck out->] `(D) DEFINITIONS- In this paragraph:
[<-Struck out]
[Struck out->] `(i) STATE CASELOAD FOR FISCAL YEAR 2001-
The term `State caseload for fiscal year 2001' means the average monthly
number of families that received assistance during fiscal year 2001
under the State program funded under this part.
[<-Struck
out]
[Struck out->] `(ii) STATE CASELOAD FOR FISCAL YEAR 1995-
The term `State caseload for fiscal year 1995' means the average monthly
number of families that received aid under the State plan approved under
part A (as in effect on September 30, 1995) during fiscal year 1995.'.
[<-Struck out]
[Struck out->] (d) COUNTABLE HOURS- Section 407 of such Act (42
U.S.C. 607) is amended by striking subsections (c) and (d) and inserting the
following:
[<-Struck out]
[Struck out->] `(c) COUNTABLE HOURS-
[<-Struck out]
[Struck out->] `(1) DEFINITION- In subsection (b)(2), the term
`countable hours' means, with respect to a family for a month, the total
number of hours in the month in which any member of the family who is a
work-eligible individual is engaged in a direct work activity or other
activities specified by the State (excluding an activity that does not
address a purpose specified in section 401(a)), subject to the other
provisions of this subsection.
[<-Struck out]
[Struck out->] `(2) LIMITATIONS- Subject to such regulations as
the Secretary may prescribe:
[<-Struck out]
[Struck out->] `(A) MINIMUM WEEKLY AVERAGE OF 24 HOURS OF
DIRECT WORK ACTIVITIES REQUIRED- If the work-eligible individuals in a
family are engaged in a direct work activity for an average total of fewer
than 24 hours per week in a month, then the number of countable hours with
respect to the family for the month shall be zero.
[<-Struck
out]
[Struck out->] `(B) MAXIMUM WEEKLY AVERAGE OF 16 HOURS OF
OTHER ACTIVITIES- An average of not more than 16 hours per week of
activities specified by the State (subject to the exclusion described in
paragraph (1)) may be considered countable hours in a month with respect
to a family.
[<-Struck out]
[Struck out->] `(3) SPECIAL RULES- For purposes of paragraph
(1):
[<-Struck out]
[Struck out->] `(A) PARTICIPATION IN QUALIFIED ACTIVITIES-
[<-Struck out]
[Struck out->] `(i) IN GENERAL- If, with the approval of
the State, the work-eligible individuals in a family are engaged in 1 or
more qualified activities for an average total of at least 24 hours per
week in a month, then all such engagement in the month shall be
considered engagement in a direct work activity, subject to clause
(iii).
[<-Struck out]
[Struck out->] `(ii) QUALIFIED ACTIVITY DEFINED- The term
`qualified activity' means an activity specified by the State (subject
to the exclusion described in paragraph (1)) that meets such standards
and criteria as the State may specify, including--
[<-Struck
out]
[Struck out->] `(I) substance abuse counseling or
treatment;
[<-Struck out]
[Struck out->] `(II) rehabilitation treatment and
services;
[<-Struck out]
[Struck out->] `(III) work-related education or training
directed at enabling the family member to work;
[<-Struck
out]
[Struck out->] `(IV) job search or job readiness
assistance; and
[<-Struck out]
[Struck out->] `(V) any other activity that addresses a
purpose specified in section 401(a).
[<-Struck
out]
[Struck out->] `(iii) LIMITATION-
[<-Struck
out]
[Struck out->] `(I) IN GENERAL- Except as provided in
subclause (II), clause (i) shall not apply to a family for more than 3
months in any period of 24 consecutive months.
[<-Struck
out]
[Struck out->] `(II) SPECIAL RULE APPLICABLE TO EDUCATION
AND TRAINING- A State may, on a case-by-case basis, apply clause (i)
to a work-eligible individual so that participation by the individual
in education or training, if needed to permit the individual to
complete a certificate program or other work-related education or
training directed at enabling the individual to fill a known job need
in a local area, may be considered countable hours with respect to the
family of the individual for not more than 4 months in any period of
24 consecutive months.
[<-Struck out]
[Struck out->] `(B) SCHOOL ATTENDANCE BY TEEN HEAD OF
HOUSEHOLD- The work-eligible members of a family shall be considered to be
engaged in a direct work activity for an average of 40 hours per week in a
month if the family includes an individual who is married, or is a single
head of household, who has not attained 20 years of age, and the
individual--
[<-Struck out]
[Struck out->] `(i) maintains satisfactory attendance at
secondary school or the equivalent in the month; or
[<-Struck
out]
[Struck out->] `(ii) participates in education directly
related to employment for an average of at least 20 hours per week in
the month.
[<-Struck out]
[Struck out->] `(d) DIRECT WORK ACTIVITY- In this section, the
term `direct work activity' means--
[<-Struck out]
[Struck out->] `(1) unsubsidized employment;
[<-Struck out]
[Struck out->] `(2) subsidized private sector employment;
[<-Struck out]
[Struck out->] `(3) subsidized public sector employment;
[<-Struck out]
[Struck out->] `(4) on-the-job training;
[<-Struck
out]
[Struck out->] `(5) supervised work experience; or
[<-Struck out]
[Struck out->] `(6) supervised community service.'.
[<-Struck out]
[Struck out->] (e) PENALTIES AGAINST INDIVIDUALS- Section
407(e)(1) (42 U.S.C. 607(e)(1)) is amended to read as follows:
[<-Struck out]
[Struck out->] `(1) REDUCTION OR TERMINATION OF ASSISTANCE-
[<-Struck out]
[Struck out->] `(A) IN GENERAL- Except as provided in
paragraph (2), if an individual in a family receiving assistance under a
State program funded under this part fails to engage in activities
required in accordance with this section, or other activities required by
the State under the program, and the family does not otherwise engage in
activities in accordance with the self-sufficiency plan established for
the family pursuant to section 408(b), the State shall--
[<-Struck out]
[Struck out->] `(i) if the failure is partial or persists
for not more than 1 month--
[<-Struck out]
[Struck out->] `(I) reduce the amount of assistance
otherwise payable to the family pro rata (or more, at the option of
the State) with respect to any period during a month in which the
failure occurs; or
[<-Struck out]
[Struck out->] `(II) terminate all assistance to the
family, subject to such good cause exceptions as the State may
establish; or
[<-Struck out]
[Struck out->] `(ii) if the failure is total and persists
for at least 2 consecutive months, terminate all cash payments to the
family including qualified State expenditures (as defined in section
409(a)(7)(B)(i)) for at least 1 month and thereafter until the State
determines that the individual has resumed full participation in the
activities, subject to such good cause exceptions as the State may
establish.
[<-Struck out]
[Struck out->] `(B) SPECIAL RULE- In the event of a conflict
between a requirement of clause (i)(II) or (ii) of subparagraph (A) and a
requirement of a State constitution, or of a State statute that, before
1966, obligated local government to provide assistance to needy parents
and children, the State constitutional or statutory requirement shall
control.'.
[<-Struck out]
[Struck out->] (f) CONFORMING AMENDMENTS-
[<-Struck
out]
[Struck out->] (1) Section 407(f) (42 U.S.C. 607(f)) is amended
in each of paragraphs (1) and (2) by striking `work activity described in
subsection (d)' and inserting `direct work activity'.
[<-Struck
out]
[Struck out->] (2) The heading of section 409(a)(14) (42 U.S.C.
609(a)(14)) is amended by inserting `OR REFUSING TO ENGAGE IN ACTIVITIES
UNDER A FAMILY SELF-SUFFICIENCY PLAN' after `WORK'.
[<-Struck
out]
[Struck out->] SEC. 111. MAINTENANCE OF EFFORT.
[<-Struck
out]
[Struck out->] (a) IN GENERAL- Section 409(a)(7) (42 U.S.C.
609(a)(7)) is amended--
[<-Struck out]
[Struck out->] (1) in subparagraph (A) by striking `fiscal year
1998, 1999, 2000, 2001, 2002, or 2003' and inserting `fiscal year 2003,
2004, 2005, 2006, 2007 or 2008'; and
[<-Struck out]
[Struck out->] (2) in subparagraph (B)(ii)--
[<-Struck out]
[Struck out->] (A) by inserting `preceding' before `fiscal
year'; and
[<-Struck out]
[Struck out->] (B) by striking `for fiscal years 1997 through
2002,'.
[<-Struck out]
[Struck out->] (b) STATE SPENDING ON PROMOTING HEALTHY MARRIAGE-
[<-Struck out]
[Struck out->] (1) IN GENERAL- Section 404 (42 U.S.C. 604) is
amended by adding at the end the following:
[<-Struck out]
[Struck out->] `(l) MARRIAGE PROMOTION- A State, territory, or
tribal organization to which a grant is made under section 403(a)(2) may use a
grant made to the State, territory, or tribal organization under any other
provision of section 403 for marriage promotion activities, and the amount of
any such grant so used shall be considered State funds for purposes of section
403(a)(2).'.
[<-Struck out]
[Struck out->] (2) FEDERAL TANF FUNDS USED FOR MARRIAGE
PROMOTION DISREGARDED FOR PURPOSES OF MAINTENANCE OF EFFORT REQUIREMENT-
Section 409(a)(7)(B)(i) (42 U.S.C. 609(a)(7)(B)(i)), as amended by section
103(c) of this Act, is amended by adding at the end the following:
[<-Struck out]
[Struck out->] `(VI) EXCLUSION OF FEDERAL TANF FUNDS USED
FOR MARRIAGE PROMOTION ACTIVITIES- Such term does not include the
amount of any grant made to the State under section 403 that is
expended for a marriage promotion activity.'.
[<-Struck
out]
[Struck out->] SEC. 112. PERFORMANCE IMPROVEMENT.
[<-Struck out]
[Struck out->] (a) STATE PLANS- Section 402(a) (42 U.S.C. 602(a))
is amended--
[<-Struck out]
[Struck out->] (1) in paragraph (1)--
[<-Struck
out]
[Struck out->] (A) in subparagraph (A)--
[<-Struck
out]
[Struck out->] (i) by redesignating clause (vi) and clause
(vii) (as added by section 103(a) of this Act) as clauses (vii) and
(viii), respectively; and
[<-Struck out]
[Struck out->] (ii) by striking clause (v) and inserting
the following:
[<-Struck out]
[Struck out->] `(v) The document shall--
[<-Struck out]
[Struck out->] `(I) describe how the State will pursue
ending dependence of needy families on government benefits and
reducing poverty by promoting job preparation and work;
[<-Struck out]
[Struck out->] `(II) describe how the State will
encourage the formation and maintenance of healthy 2-parent married
families, encourage responsible fatherhood, and prevent and reduce the
incidence of out-of-wedlock pregnancies;
[<-Struck
out]
[Struck out->] `(III) include specific, numerical, and
measurable performance objectives for accomplishing subclauses (I) and
(II), and with respect to subclause (I), include objectives consistent
with the criteria used by the Secretary in establishing performance
targets under section 403(a)(4)(B) if available; and
[<-Struck out]
[Struck out->] `(IV) describe the methodology that the
State will use to measure State performance in relation to each such
objective.
[<-Struck out]
[Struck out->] `(vi) Describe any strategies and programs
the State may be undertaking to address--
[<-Struck
out]
[Struck out->] `(I) employment retention and advancement
for recipients of assistance under the program, including placement
into high-demand jobs, and whether the jobs are identified using labor
market information;
[<-Struck out]
[Struck out->] `(II) efforts to reduce teen pregnancy;
[<-Struck out]
[Struck out->] `(III) services for struggling and
noncompliant families, and for clients with special problems; and
[<-Struck out]
[Struck out->] `(IV) program integration, including the
extent to which employment and training services under the program are
provided through the One-Stop delivery system created under the
Workforce Investment Act of 1998, and the extent to which former
recipients of such assistance have access to additional core,
intensive, or training services funded through such Act.'; and
[<-Struck out]
[Struck out->] (B) in subparagraph (B), by striking clause
(iii) (as so redesignated by section 107(b)(1) of this Act) and inserting
the following:
[<-Struck out]
[Struck out->] `(iii) The document shall describe
strategies and programs the State is undertaking to engage religious
organizations in the provision of services funded under this part and
efforts related to section 104 of the Personal Responsibility and Work
Opportunity Reconcilation Act of 1996.
[<-Struck
out]
[Struck out->] `(iv) The document shall describe strategies
to improve program management and performance.'; and
[<-Struck
out]
[Struck out->] (2) in paragraph (4), by inserting `and tribal'
after `that local'.
[<-Struck out]
[Struck out->] (b) CONSULTATION WITH STATE REGARDING PLAN AND
DESIGN OF TRIBAL PROGRAMS- Section 412(b)(1) (42 U.S.C. 612(b)(1)) is
amended--
[<-Struck out]
[Struck out->] (1) by striking `and' at the end of subparagraph
(E);
[<-Struck out]
[Struck out->] (2) by striking the period at the end of
subparagraph (F) and inserting `; and'; and
[<-Struck out]
[Struck out->] (3) by adding at the end the following:
[<-Struck out]
[Struck out->] `(G) provides an assurance that the State in
which the tribe is located has been consulted regarding the plan and its
design.'.
[<-Struck out]
[Struck out->] (c) PERFORMANCE MEASURES- Section 413 (42 U.S.C.
613) is amended by adding at the end the following:
[<-Struck
out]
[Struck out->] `(k) PERFORMANCE IMPROVEMENT- The Secretary, in
consultation with the States, shall develop uniform performance measures
designed to assess the degree of effectiveness, and the degree of improvement,
of State programs funded under this part in accomplishing the purposes of this
part.'.
[<-Struck out]
[Struck out->] (d) ANNUAL RANKING OF STATES- Section 413(d)(1)
(42 U.S.C. 613(d)(1)) is amended by striking `long-term private sector jobs'
and inserting `private sector jobs, the success of the recipients in retaining
employment, the ability of the recipients to increase their wages'.
[<-Struck out]
[Struck out->] SEC. 113. DATA COLLECTION AND REPORTING.
[<-Struck out]
[Struck out->] (a) CONTENTS OF REPORT- Section 411(a)(1)(A) (42
U.S.C. 611(a)(1)(A)) is amended--
[<-Struck out]
[Struck out->] (1) in clause (vii), by inserting `and minor
parent' after `of each adult';
[<-Struck out]
[Struck out->] (2) in clause (viii), by striking `and
educational level';
[<-Struck out]
[Struck out->] (3) in clause (ix), by striking `, and if the
latter 2, the amount received';
[<-Struck out]
[Struck out->] (4) in clause (x)--
[<-Struck
out]
[Struck out->] (A) by striking `each type of'; and
[<-Struck out]
[Struck out->] (B) by inserting before the period `and, if
applicable, the reason for receipt of the assistance for a total of more
than 60 months';
[<-Struck out]
[Struck out->] (5) in clause (xi), by striking the subclauses
and inserting the following:
[<-Struck out]
[Struck out->] `(I) Subsidized private sector employment.
[<-Struck out]
[Struck out->] `(II) Unsubsidized employment.
[<-Struck out]
[Struck out->] `(III) Public sector employment,
supervised work experience, or supervised community service.
[<-Struck out]
[Struck out->] `(IV) On-the-job training.
[<-Struck out]
[Struck out->] `(V) Job search and placement.
[<-Struck out]
[Struck out->] `(VI) Training.
[<-Struck
out]
[Struck out->] `(VII) Education.
[<-Struck
out]
[Struck out->] `(VIII) Other activities directed at the
purposes of this part, as specified in the State plan submitted
pursuant to section 402.';
[<-Struck out]
[Struck out->] (6) in clause (xii), by inserting `and progress
toward universal engagement' after `participation rates';
[<-Struck out]
[Struck out->] (7) in clause (xiii), by striking `type and'
before `amount of assistance';
[<-Struck out]
[Struck out->] (8) in clause (xvi), by striking subclause (II)
and redesignating subclauses (III) through (V) as subclauses (II) through
(IV), respectively; and
[<-Struck out]
[Struck out->] (9) by adding at the end the following:
[<-Struck out]
[Struck out->] `(xviii) The date the family first received
assistance from the State program on the basis of the most recent
application for such assistance.
[<-Struck out]
[Struck out->] `(xix) Whether a self-sufficiency plan is
established for the family in accordance with section 408(b).
[<-Struck out]
[Struck out->] `(xx) With respect to any child in the
family, the marital status of the parents at the birth of the child, and
if the parents were not then married, whether the paternity of the child
has been established.'.
[<-Struck out]
[Struck out->] (b) USE OF SAMPLES- Section 411(a)(1)(B) (42
U.S.C. 611(a)(1)(B)) is amended--
[<-Struck out]
[Struck out->] (1) in clause (i)--
[<-Struck
out]
[Struck out->] (A) by striking `a sample' and inserting
`samples'; and
[<-Struck out]
[Struck out->] (B) by inserting before the period `, except
that the Secretary may designate core data elements that must be reported
on all families'; and
[<-Struck out]
[Struck out->] (2) in clause (ii), by striking `funded under
this part' and inserting `described in subparagraph (A)'.
[<-Struck out]
[Struck out->] (c) REPORT ON FAMILIES THAT BECOME INELIGIBLE TO
RECEIVE ASSISTANCE- Section 411(a) (42 U.S.C. 611(a)) is amended--
[<-Struck out]
[Struck out->] (1) by striking paragraph (5);
[<-Struck out]
[Struck out->] (2) by redesignating paragraph (6) as paragraph
(5); and
[<-Struck out]
[Struck out->] (3) by inserting after paragraph (5) (as so
redesignated) the following:
[<-Struck out]
[Struck out->] `(6) REPORT ON FAMILIES THAT BECOME INELIGIBLE
TO RECEIVE ASSISTANCE- The report required by paragraph (1) for a fiscal
quarter shall include for each month in the quarter the number of families
and total number of individuals that, during the month, became ineligible to
receive assistance under the State program funded under this part (broken
down by the number of families that become so ineligible due to earnings,
changes in family composition that result in increased earnings, sanctions,
time limits, or other specified reasons).'.
[<-Struck out]
[Struck out->] (d) REGULATIONS- Section 411(a)(7) (42 U.S.C.
611(a)(7)) is amended--
[<-Struck out]
[Struck out->] (1) by inserting `and to collect the necessary
data' before `with respect to which reports';
[<-Struck out]
[Struck out->] (2) by striking `subsection' and inserting
`section'; and
[<-Struck out]
[Struck out->] (3) by striking `in defining the data elements'
and all that follows and inserting `, the National Governors' Association,
the American Public Human Services Association, the National Conference of
State Legislatures, and others in defining the data elements.'.
[<-Struck out]
[Struck out->] (e) ADDITIONAL REPORTS BY STATES- Section 411 (42
U.S.C. 611) is amended--
[<-Struck out]
[Struck out->] (1) by redesignating subsection (b) as
subsection (e); and
[<-Struck out]
[Struck out->] (2) by inserting after subsection (a) the
following:
[<-Struck out]
[Struck out->] `(b) ANNUAL REPORTS ON PROGRAM CHARACTERISTICS-
Not later than 90 days after the end of fiscal year 2004 and each succeeding
fiscal year, each eligible State shall submit to the Secretary a report on the
characteristics of the State program funded under this part and other State
programs funded with qualified State expenditures (as defined in section
409(a)(7)(B)(i)). The report shall include, with respect to each such program,
the program name, a description of program activities, the program purpose,
the program eligibility criteria, the sources of program funding, the number
of program beneficiaries, sanction policies, and any program work
requirements.
[<-Struck out]
[Struck out->] `(c) MONTHLY REPORTS ON CASELOAD- Not later than 3
months after the end of a calendar month that begins 1 year or more after the
enactment of this subsection, each eligible State shall submit to the
Secretary report on the number of families and total number of individuals
receiving assistance in the calendar month under the State program funded
under this part.
[<-Struck out]
[Struck out->] `(d) ANNUAL REPORT ON PERFORMANCE IMPROVEMENT-
Beginning with fiscal year 2004, not later than January 1 of each fiscal year,
each eligible State shall submit to the Secretary a report on achievement and
improvement during the preceding fiscal year under the numerical performance
goals and measures under the State program funded under this part with respect
to each of the matters described in section 402(a)(1)(A)(v).'.
[<-Struck out]
[Struck out->] (f) ANNUAL REPORTS TO CONGRESS BY THE SECRETARY-
Section 411(e), as so redesignated by subsection (e) of this section, is
amended--
[<-Struck out]
[Struck out->] (1) in the matter preceding paragraph (1), by
striking `and each fiscal year thereafter' and inserting `and by July 1 of
each fiscal year thereafter';
[<-Struck out]
[Struck out->] (2) in paragraph (2), by striking `families
applying for assistance,' and by striking the last comma; and
[<-Struck out]
[Struck out->] (3) in paragraph (3), by inserting `and other
programs funded with qualified State expenditures (as defined in section
409(a)(7)(B)(i))' before the semicolon.
[<-Struck out]
[Struck out->] (g) INCREASED ANALYSIS OF STATE SINGLE AUDIT
REPORTS- Section 411 (42 U.S.C. 611) is amended by adding at the end the
following:
[<-Struck out]
[Struck out->] `(f) INCREASED ANALYSIS OF STATE SINGLE AUDIT
REPORTS-
[<-Struck out]
[Struck out->] `(1) IN GENERAL- Within 3 months after a State
submits to the Secretary a report pursuant to section 7502(a)(1)(A) of title
31, United States Code, the Secretary shall analyze the report for the
purpose of identifying the extent and nature of problems related to the
oversight by the State of nongovernmental entities with respect to contracts
entered into by such entities with the State program funded under this part,
and determining what additional actions may be appropriate to help prevent
and correct the problems.
[<-Struck out]
[Struck out->] `(2) INCLUSION OF PROGRAM OVERSIGHT SECTION IN
ANNUAL REPORT TO THE CONGRESS- The Secretary shall include in each report
under subsection (a) a section on oversight of State programs funded under
this part, including findings on the extent and nature of the problems
referred to in paragraph (1), actions taken to resolve the problems, and to
the extent the Secretary deems appropriate make recommendations on changes
needed to resolve the problems.'.
[<-Struck out]
[Struck out->] SEC. 114. DIRECT FUNDING AND ADMINISTRATION BY
INDIAN TRIBES.
[<-Struck out]
[Struck out->] (a) TRIBAL FAMILY ASSISTANCE GRANT- Section
412(a)(1)(A) (42 U.S.C. 612(a)(1)(A)) is amended by striking `1997, 1998,
1999, 2000, 2001, and 2002' and inserting `2003 through 2007'.
[<-Struck out]
[Struck out->] (b) GRANTS FOR INDIAN TRIBES THAT RECEIVED JOBS
FUNDS- Section 412(a)(2)(A) (42 U.S.C. 612(a)(2)(A)) is amended by striking
`1997, 1998, 1999, 2000, 2001, and 2002' and inserting `2003 through 2007'.
[<-Struck out]
[Struck out->] SEC. 115. RESEARCH, EVALUATIONS, AND NATIONAL
STUDIES.
[<-Struck out]
[Struck out->] (a) SECRETARY'S FUND FOR RESEARCH, DEMONSTRATIONS,
AND TECHNICAL ASSISTANCE- Section 413 (42 U.S.C. 613), as amended by section
112(c) of this Act, is further amended by adding at the end the following:
[<-Struck out]
[Struck out->] `(l) FUNDING FOR RESEARCH, DEMONSTRATIONS, AND
TECHNICAL ASSISTANCE-
[<-Struck out]
[Struck out->] `(1) IN GENERAL- Out of any money in the
Treasury of the United States not otherwise appropriated, there are
appropriated $102,000,000 for each of fiscal years 2003 through 2007, which
shall be available to the Secretary for the purpose of conducting and
supporting research and demonstration projects by public or private
entities, and providing technical assistance to States, Indian tribal
organizations, and such other entities as the Secretary may specify that are
receiving a grant under this part, which shall be expended primarily on
activities described in section 403(a)(2)(B), and which shall be in addition
to any other funds made available under this part.
[<-Struck
out]
[Struck out->] `(2) SET ASIDE FOR DEMONSTRATION PROJECTS FOR
COORDINATION OF PROVISION OF CHILD WELFARE AND TANF SERVICES TO TRIBAL
FAMILIES AT RISK OF CHILD ABUSE OR NEGLECT-
[<-Struck out]
[Struck out->] `(A) IN GENERAL- Of the amounts made available
under paragraph (1) for a fiscal year, $2,000,000 shall be awarded on a
competitive basis to fund demonstration projects designed to test the
effectiveness of tribal governments or tribal consortia in coordinating
the provision to tribal families at risk of child abuse or neglect of
child welfare services and services under tribal programs funded under
this part.
[<-Struck out]
[Struck out->] `(B) USE OF FUNDS- A grant made to such a
project shall be used--
[<-Struck out]
[Struck out->] `(i) to improve case management for families
eligible for assistance from such a tribal program;
[<-Struck
out]
[Struck out->] `(ii) for supportive services and assistance
to tribal children in out-of-home placements and the tribal families
caring for such children, including families who adopt such children;
and
[<-Struck out]
[Struck out->] `(iii) for prevention services and
assistance to tribal families at risk of child abuse and neglect.
[<-Struck out]
[Struck out->] `(C) REPORTS- The Secretary may require a
recipient of funds awarded under this paragraph to provide the Secretary
with such information as the Secretary deems relevant to enable the
Secretary to facilitate and oversee the administration of any project for
which funds are provided under this paragraph.'.
[<-Struck
out]
[Struck out->] (b) FUNDING OF STUDIES AND DEMONSTRATIONS- Section
413(h)(1) (42 U.S.C. 613(h)(1)) is amended in the matter preceding
subparagraph (A) by striking `1997 through 2002' and inserting `2003 through
2007'.
[<-Struck out]
[Struck out->] (c) REPORT ON ENFORCEMENT OF CERTAIN AFFIDAVITS OF
SUPPORT AND SPONSOR DEEMING- Not later than March 31, 2004, the Secretary of
Health and Human Services, in consultation with the Attorney General, shall
submit to the Congress a report on the enforcement of affidavits of support
and sponsor deeming as required by section 421, 422, and 432 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996.
[<-Struck out]
[Struck out->] (d) REPORT ON COORDINATION- Not later than 6
months after the date of the enactment of this Act, the Secretary of Health
and Human Services and the Secretary of Labor shall jointly submit a report to
the Congress describing common or conflicting data elements, definitions,
performance measures, and reporting requirements in the Workforce Investment
Act of 1998 and part A of title IV of the Social Security Act, and, to the
degree each Secretary deems appropriate, at the discretion of either
Secretary, any other program administered by the respective Secretary, to
allow greater coordination between the welfare and workforce development
systems.
[<-Struck out]
[Struck out->] SEC. 116. STUDIES BY THE CENSUS BUREAU AND THE
GENERAL ACCOUNTING OFFICE.
[<-Struck out]
[Struck out->] (a) CENSUS BUREAU STUDY-
[<-Struck
out]
[Struck out->] (1) IN GENERAL- Section 414(a) (42 U.S.C.
614(a)) is amended to read as follows:
[<-Struck out]
[Struck out->] `(a) IN GENERAL- The Bureau of the Census shall
implement a new longitudinal survey of program dynamics, developed in
consultation with the Secretary and made available to interested parties, to
allow for the assessment of the outcomes of continued welfare reform on the
economic and child well-being of low-income families with children, including
those who received assistance or services from a State program funded under
this part, and, to the extent possible, shall provide State representative
samples. The content of the survey should include such information as may be
necessary to examine the issues of out-of-wedlock childbearing, marriage,
welfare dependency and compliance with work requirements, the beginning and
ending of spells of assistance, work, earnings and employment stability, and
the well-being of children.'.
[<-Struck out]
[Struck out->] (2) APPROPRIATION- Section 414(b) (42 U.S.C.
614(b)) is amended by striking `1996,' and all that follows through `2002'
and inserting `2003 through 2007'.
[<-Struck out]
[Struck out->] (b) GAO STUDY-
[<-Struck out]
[Struck out->] (1) IN GENERAL- The Comptroller General of the
United States shall conduct a study to determine the combined effect of the
phase-out rates for Federal programs and policies which provide support to
low-income families and individuals as they move from welfare to work, at
all earning levels up to $35,000 per year, for at least 5 States including
Wisconsin and California, and any potential disincentives the combined
phase-out rates create for families to achieve independence or to marry.
[<-Struck out]
[Struck out->] (2) REPORT- Not later than 1 year after the date
of the enactment of this subsection, the Comptroller General shall submit a
report to Congress containing the results of the study conducted under this
section and, as appropriate, any recommendations consistent with the
results.
[<-Struck out]
[Struck out->] SEC. 117. DEFINITION OF ASSISTANCE.
[<-Struck out]
[Struck out->] (a) IN GENERAL- Section 419 (42 U.S.C. 619) is
amended by adding at the end the following:
[<-Struck out]
[Struck out->] `(6) ASSISTANCE-
[<-Struck out]
[Struck out->] `(A) IN GENERAL- The term `assistance' means
payment, by cash, voucher, or other means, to or for an individual or
family for the purpose of meeting a subsistence need of the individual or
family (including food, clothing, shelter, and related items, but not
including costs of transportation or child care).
[<-Struck
out]
[Struck out->] `(B) EXCEPTION- The term `assistance' does not
include a payment described in subparagraph (A) to or for an individual or
family on a short-term, nonrecurring basis (as defined by the State in
accordance with regulations prescribed by the Secretary).'.
[<-Struck out]
[Struck out->] (b) CONFORMING AMENDMENTS-
[<-Struck
out]
[Struck out->] (1) Section 404(a)(1) (42 U.S.C. 604(a)(1)) is
amended by striking `assistance' and inserting `aid'.
[<-Struck
out]
[Struck out->] (2) Section 404(f) (42 U.S.C. 604(f)) is amended
by striking `assistance' and inserting `benefits or services'.
[<-Struck out]
[Struck out->] (3) Section 408(a)(5)(B)(i) (42 U.S.C.
608(a)(5)(B)(i)) is amended in the heading by striking `ASSISTANCE' and
inserting `AID'.
[<-Struck out]
[Struck out->] (4) Section 413(d)(2) (42 U.S.C. 613(d)(2)) is
amended by striking `assistance' and inserting `aid'.
[<-Struck
out]
[Struck out->] SEC. 118. TECHNICAL CORRECTIONS.
[<-Struck
out]
[Struck out->] (a) Section 409(c)(2) (42 U.S.C. 609(c)(2)) is
amended by inserting a comma after `appropriate'.
[<-Struck out]
[Struck out->] (b) Section 411(a)(1)(A)(ii)(III) (42 U.S.C.
611(a)(1)(A)(ii)(III)) is amended by striking the last close parenthesis.
[<-Struck out]
[Struck out->] (c) Section 413(j)(2)(A) (42 U.S.C. 613(j)(2)(A))
is amended by striking `section' and inserting `sections'.
[<-Struck
out]
[Struck out->] (d)(1) Section 413 (42 U.S.C. 613) is amended by
striking subsection (g) and redesignating subsections (h) through (j) and
subsections (k) and (l) (as added by sections 112(c) and 115(a) of this Act,
respectively) as subsections (g) through (k), respectively.
[<-Struck out]
[Struck out->] (2) Each of the following provisions is amended by
striking `413(j)' and inserting `413(i)':
[<-Struck out]
[Struck out->] (A) Section 403(a)(5)(A)(ii)(III) (42 U.S.C.
603(a)(5)(A)(ii)(III)).
[<-Struck out]
[Struck out->] (B) Section 403(a)(5)(F) (42 U.S.C.
603(a)(5)(F)).
[<-Struck out]
[Struck out->] (C) Section 403(a)(5)(G)(ii) (42 U.S.C.
603(a)(5)(G)(ii)).
[<-Struck out]
[Struck out->] (D) Section 412(a)(3)(B)(iv) (42 U.S.C.
612(a)(3)(B)(iv)).
[<-Struck out]
[Struck out->] SEC. 119. FATHERHOOD PROGRAM.
[<-Struck
out]
[Struck out->] (a) SHORT TITLE- This section may be cited as the
`Promotion and Support of Responsible Fatherhood and Healthy Marriage Act of
2002'.
[<-Struck out]
[Struck out->] (b) FATHERHOOD PROGRAM-
[<-Struck
out]
[Struck out->] (1) IN GENERAL- Title I of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law
104-193) is amended by adding at the end the following:
[<-Struck
out]
[Struck out->] `SEC. 117. FATHERHOOD PROGRAM.
[<-Struck
out]
[Struck out->] `(a) IN GENERAL- Title IV (42 U.S.C. 601-679b) is
amended by inserting after part B the following:
[<-Struck out]
[Struck out->] `PART C--FATHERHOOD PROGRAM
[<-Struck
out]
[Struck out->] `SEC. 441. FINDINGS AND PURPOSES.
[<-Struck out]
[Struck out->] `(a) FINDINGS- The Congress finds that there is
substantial evidence strongly indicating the urgent need to promote and
support involved, committed, and responsible fatherhood, and to encourage and
support healthy marriages between parents raising children, including data
demonstrating the following:
[<-Struck out]
[Struck out->] `(1) In approximately 90 percent of cases where
a parent is absent, that parent is the father.
[<-Struck
out]
[Struck out->] `(2) By some estimates, 60 percent of children
born in the 1990's will spend a significant portion of their childhood in a
home without a father.
[<-Struck out]
[Struck out->] `(3) Nearly 75 percent of children in
single-parent homes will experience poverty before they are 11 years old,
compared with only 20 percent of children in 2-parent families.
[<-Struck out]
[Struck out->] `(4) Low income is positively correlated with
children's difficulties with education, social adjustment, and delinquency,
and single-parent households constitute a disproportionate share of
low-income households.
[<-Struck out]
[Struck out->] `(5) Where families (whether intact or with a
parent absent) are living in poverty, a significant factor is the father's
lack of job skills.
[<-Struck out]
[Struck out->] `(6) Children raised in 2-parent married
families, on average, fare better as a group in key areas, including better
school performance, reduced rates of substance abuse, crime, and
delinquency, fewer health, emotional, and behavioral problems, lower rates
of teenage sexual activity, less risk of abuse or neglect, and lower risk of
teen suicide.
[<-Struck out]
[Struck out->] `(7) Committed and responsible fathering during
infancy and early childhood contributes to the development of emotional
security, curiosity, and math and verbal skills.
[<-Struck
out]
[Struck out->] `(8) An estimated 24,000,000 children (33.5
percent) live apart from their biological father.
[<-Struck
out]
[Struck out->] `(9) A recent national survey indicates that of
all children under age 18 not living with their biological father, 29
percent had not seen their father even once in the last 12 months.
[<-Struck out]
[Struck out->] `(b) PURPOSES- The purposes of this part are:
[<-Struck out]
[Struck out->] `(1) To provide for projects and activities by
public entities and by nonprofit community entities, including religious
organizations, designed to test promising approaches to accomplishing the
following objectives:
[<-Struck out]
[Struck out->] `(A) Promoting responsible, caring, and
effective parenting through counseling, mentoring, and parenting
education, dissemination of educational materials and information on
parenting skills, encouragement of positive father involvement, including
the positive involvement of nonresident fathers, and other methods.
[<-Struck out]
[Struck out->] `(B) Enhancing the abilities and commitment of
unemployed or low-income fathers to provide material support for their
families and to avoid or leave welfare programs by assisting them to take
full advantage of education, job training, and job search programs, to
improve work habits and work skills, to secure career advancement by
activities such as outreach and information dissemination, coordination,
as appropriate, with employment services and job training programs,
including the One-Stop delivery system established under title I of the
Workforce Investment Act of 1998, encouragement and support of timely
payment of current child support and regular payment toward past due child
support obligations in appropriate cases, and other methods.
[<-Struck out]
[Struck out->] `(C) Improving fathers' ability to effectively
manage family business affairs by means such as education, counseling, and
mentoring in matters including household management, budgeting, banking,
and handling of financial transactions, time management, and home
maintenance.
[<-Struck out]
[Struck out->] `(D) Encouraging and supporting healthy
marriages and married fatherhood through such activities as premarital
education, including the use of premarital inventories, marriage
preparation programs, skills-based marriage education programs, marital
therapy, couples counseling, divorce education and reduction programs,
divorce mediation and counseling, relationship skills enhancement
programs, including those designed to reduce child abuse and domestic
violence, and dissemination of information about the benefits of marriage
for both parents and children.
[<-Struck out]
[Struck out->] `(2) Through the projects and activities
described in paragraph (1), to improve outcomes for children with respect to
measures such as increased family income and economic security, improved
school performance, better health, improved emotional and behavioral
stability and social adjustment, and reduced risk of delinquency, crime,
substance abuse, child abuse and neglect, teen sexual activity, and teen
suicide.
[<-Struck out]
[Struck out->] `(3) To evaluate the effectiveness of various
approaches and to disseminate findings concerning outcomes and other
information in order to encourage and facilitate the replication of
effective approaches to accomplishing these objectives.
[<-Struck
out]
[Struck out->] `SEC. 442. DEFINITIONS.
[<-Struck
out]
[Struck out->] `In this part, the terms `Indian tribe' and
`tribal organization' have the meanings given them in subsections (e) and (l),
respectively, of section 4 of the Indian Self-Determination and Education
Assistance Act.
[<-Struck out]
[Struck out->] `SEC. 443. COMPETITIVE GRANTS FOR SERVICE PROJECTS.
[<-Struck out]
[Struck out->] `(a) IN GENERAL- The Secretary may make grants for
fiscal years 2003 through 2007 to public and nonprofit community entities,
including religious organizations, and to Indian tribes and tribal
organizations, for demonstration service projects and activities designed to
test the effectiveness of various approaches to accomplish the objectives
specified in section 441(b)(1).
[<-Struck out]
[Struck out->] `(b) ELIGIBILITY CRITERIA FOR FULL SERVICE GRANTS-
In order to be eligible for a grant under this section, except as specified in
subsection (c), an entity shall submit an application to the Secretary
containing the following:
[<-Struck out]
[Struck out->] `(1) PROJECT DESCRIPTION- A statement
including--
[<-Struck out]
[Struck out->] `(A) a description of the project and how it
will be carried out, including the geographical area to be covered and the
number and characteristics of clients to be served, and how it will
address each of the 4 objectives specified in section 441(b)(1); and
[<-Struck out]
[Struck out->] `(B) a description of the methods to be used
by the entity or its contractor to assess the extent to which the project
was successful in accomplishing its specific objectives and the general
objectives specified in section 441(b)(1).
[<-Struck
out]
[Struck out->] `(2) EXPERIENCE AND QUALIFICATIONS- A
demonstration of ability to carry out the project, by means such as
demonstration of experience in successfully carrying out projects of similar
design and scope, and such other information as the Secretary may find
necessary to demonstrate the entity's capacity to carry out the project,
including the entity's ability to provide the non-Federal share of project
resources.
[<-Struck out]
[Struck out->] `(3) ADDRESSING CHILD ABUSE AND NEGLECT AND
DOMESTIC VIOLENCE- A description of how the entity will assess for the
presence of, and intervene to resolve, domestic violence and child abuse and
neglect, including how the entity will coordinate with State and local child
protective service and domestic violence programs.
[<-Struck
out]
[Struck out->] `(4) ADDRESSING CONCERNS RELATING TO SUBSTANCE
ABUSE AND SEXUAL ACTIVITY- A commitment to make available to each individual
participating in the project education about alcohol, tobacco, and other
drugs, and about the health risks associated with abusing such substances,
and information about diseases and conditions transmitted through substance
abuse and sexual contact, including HIV/AIDS, and to coordinate with
providers of services addressing such problems, as appropriate.
[<-Struck out]
[Struck out->] `(5) COORDINATION WITH SPECIFIED PROGRAMS- An
undertaking to coordinate, as appropriate, with State and local entities
responsible for the programs under parts A, B, and D of this title,
including programs under title I of the Workforce Investment Act of 1998
(including the One-Stop delivery system), and such other programs as the
Secretary may require.
[<-Struck out]
[Struck out->] `(6) RECORDS, REPORTS, AND AUDITS- An agreement
to maintain such records, make such reports, and cooperate with such reviews
or audits as the Secretary may find necessary for purposes of oversight of
project activities and expenditures.
[<-Struck out]
[Struck out->] `(7) SELF-INITIATED EVALUATION- If the entity
elects to contract for independent evaluation of the project (part or all of
the cost of which may be paid for using grant funds), a commitment to submit
to the Secretary a copy of the evaluation report within 30 days after
completion of the report and not more than 1 year after completion of the
project.
[<-Struck out]
[Struck out->] `(8) COOPERATION WITH SECRETARY'S OVERSIGHT AND
EVALUATION- An agreement to cooperate with the Secretary's evaluation of
projects assisted under this section, by means including random assignment
of clients to service recipient and control groups, if determined by the
Secretary to be appropriate, and affording the Secretary access to the
project and to project-related records and documents, staff, and clients.
[<-Struck out]
[Struck out->] `(c) ELIGIBILITY CRITERIA FOR LIMITED PURPOSE
GRANTS- In order to be eligible for a grant under this section in an amount
under $25,000 per fiscal year, an entity shall submit an application to the
Secretary containing the following:
[<-Struck out]
[Struck out->] `(1) PROJECT DESCRIPTION- A description of the
project and how it will be carried out, including the number and
characteristics of clients to be served, the proposed duration of the
project, and how it will address at least 1 of the 4 objectives specified in
section 441(b)(1).
[<-Struck out]
[Struck out->] `(2) QUALIFICATIONS- Such information as the
Secretary may require as to the capacity of the entity to carry out the
project, including any previous experience with similar activities.
[<-Struck out]
[Struck out->] `(3) COORDINATION WITH RELATED PROGRAMS- As
required by the Secretary in appropriate cases, an undertaking to coordinate
and cooperate with State and local entities responsible for specific
programs relating to the objectives of the project including, as
appropriate, jobs programs and programs serving children and families.
[<-Struck out]
[Struck out->] `(4) RECORDS, REPORTS, AND AUDITS- An agreement
to maintain such records, make such reports, and cooperate with such reviews
or audits as the Secretary may find necessary for purposes of oversight of
project activities and expenditures.
[<-Struck out]
[Struck out->] `(5) COOPERATION WITH SECRETARY'S OVERSIGHT AND
EVALUATION- An agreement to cooperate with the Secretary's evaluation of
projects assisted under this section, by means including affording the
Secretary access to the project and to project-related records and
documents, staff, and clients.
[<-Struck out]
[Struck out->] `(d) CONSIDERATIONS IN AWARDING GRANTS-
[<-Struck out]
[Struck out->] `(1) DIVERSITY OF PROJECTS- In awarding grants
under this section, the Secretary shall seek to achieve a balance among
entities of differing sizes, entities in differing geographic areas,
entities in urban and in rural areas, and entities employing differing
methods of achieving the purposes of this section, including working with
the State agency responsible for the administration of part D to help
fathers satisfy child support arrearage obligations.
[<-Struck
out]
[Struck out->] `(2) PREFERENCE FOR PROJECTS SERVING LOW-INCOME
FATHERS- In awarding grants under this section, the Secretary may give
preference to applications for projects in which a majority of the clients
to be served are low-income fathers.
[<-Struck out]
[Struck out->] `(e) FEDERAL SHARE-
[<-Struck out]
[Struck out->] `(1) IN GENERAL- Grants for a project under this
section for a fiscal year shall be available for a share of the cost of such
project in such fiscal year equal to--
[<-Struck out]
[Struck out->] `(A) up to 80 percent (or up to 90 percent, if
the entity demonstrates to the Secretary's satisfaction circumstances
limiting the entity's ability to secure non-Federal resources) in the case
of a project under subsection (b); and
[<-Struck out]
[Struck out->] `(B) up to 100 percent, in the case of a
project under subsection (c).
[<-Struck out]
[Struck out->] `(2) NON-FEDERAL SHARE- The non-Federal share
may be in cash or in kind. In determining the amount of the non-Federal
share, the Secretary may attribute fair market value to goods, services, and
facilities contributed from non-Federal sources.
[<-Struck
out]
[Struck out->] `SEC. 444. MULTICITY, MULTISTATE DEMONSTRATION
PROJECTS.
[<-Struck out]
[Struck out->] `(a) IN GENERAL- The Secretary may make grants
under this section for fiscal years 2003 through 2007 to eligible entities (as
specified in subsection (b)) for 2 multicity, multistate projects
demonstrating approaches to achieving the objectives specified in section
441(b)(1). One of the projects shall test the use of married couples to
deliver program services.
[<-Struck out]
[Struck out->] `(b) ELIGIBLE ENTITIES- An entity eligible for a
grant under this section must be a national nonprofit fatherhood promotion
organization that meets the following requirements:
[<-Struck
out]
[Struck out->] `(1) EXPERIENCE WITH FATHERHOOD PROGRAMS- The
organization must have substantial experience in designing and successfully
conducting programs that meet the purposes described in section 441.
[<-Struck out]
[Struck out->] `(2) EXPERIENCE WITH MULTICITY, MULTISTATE
PROGRAMS AND GOVERNMENT COORDINATION- The organization must have experience
in simultaneously conducting such programs in more than 1 major metropolitan
area in more than 1 State and in coordinating such programs, where
appropriate, with State and local government agencies and private, nonprofit
agencies (including community-based and religious organizations), including
State or local agencies responsible for child support enforcement and
workforce development.
[<-Struck out]
[Struck out->] `(c) APPLICATION REQUIREMENTS- In order to be
eligible for a grant under this section, an entity must submit to the
Secretary an application that includes the following:
[<-Struck
out]
[Struck out->] `(1) QUALIFICATIONS-
[<-Struck
out]
[Struck out->] `(A) ELIGIBLE ENTITY- A demonstration that the
entity meets the requirements of subsection (b).
[<-Struck
out]
[Struck out->] `(B) OTHER- Such other information as the
Secretary may find necessary to demonstrate the entity's capacity to carry
out the project, including the entity's ability to provide the non-Federal
share of project resources.
[<-Struck out]
[Struck out->] `(2) PROJECT DESCRIPTION- A description of and
commitments concerning the project design, including the following:
[<-Struck out]
[Struck out->] `(A) IN GENERAL- A detailed description of the
proposed project design and how it will be carried out, which shall--
[<-Struck out]
[Struck out->] `(i) provide for the project to be conducted
in at least 3 major metropolitan areas;
[<-Struck
out]
[Struck out->] `(ii) state how it will address each of the
4 objectives specified in section 441(b)(1);
[<-Struck
out]
[Struck out->] `(iii) demonstrate that there is a
sufficient number of potential clients to allow for the random selection
of individuals to participate in the project and for comparisons with
appropriate control groups composed of individuals who have not
participated in such projects; and
[<-Struck out]
[Struck out->] `(iv) demonstrate that the project is
designed to direct a majority of project resources to activities serving
low-income fathers (but the project need not make services available on
a means-tested basis).
[<-Struck out]
[Struck out->] `(B) OVERSIGHT, EVALUATION, AND ADJUSTMENT
COMPONENT- An agreement that the entity--
[<-Struck
out]
[Struck out->] `(i) in consultation with the evaluator
selected pursuant to section 445, and as required by the Secretary, will
modify the project design, initially and (if necessary) subsequently
throughout the duration of the project, in order to facilitate ongoing
and final oversight and evaluation of project operation and outcomes (by
means including, to the maximum extent feasible, random assignment of
clients to service recipient and control groups), and to provide for
mid-course adjustments in project design indicated by interim
evaluations;
[<-Struck out]
[Struck out->] `(ii) will submit to the Secretary revised
descriptions of the project design as modified in accordance with clause
(i); and
[<-Struck out]
[Struck out->] `(iii) will cooperate fully with the
Secretary's ongoing oversight and ongoing and final evaluation of the
project, by means including affording the Secretary access to the
project and to project-related records and documents, staff, and
clients.
[<-Struck out]
[Struck out->] `(3) ADDRESSING CHILD ABUSE AND NEGLECT AND
DOMESTIC VIOLENCE- A description of how the entity will assess for the
presence of, and intervene to resolve, domestic violence and child abuse and
neglect, including how the entity will coordinate with State and local child
protective service and domestic violence programs.
[<-Struck
out]
[Struck out->] `(4) ADDRESSING CONCERNS RELATING TO SUBSTANCE
ABUSE AND SEXUAL ACTIVITY- A commitment to make available to each individual
participating in the project education about alcohol, tobacco, and other
drugs, and about the health risks associated with abusing such substances,
and information about diseases and conditions transmitted through substance
abuse and sexual contact, including HIV/AIDS, and to coordinate with
providers of services addressing such problems, as appropriate.
[<-Struck out]
[Struck out->] `(5) COORDINATION WITH SPECIFIED PROGRAMS- An
undertaking to coordinate, as appropriate, with State and local entities
responsible for the programs funded under parts A, B, and D of this title,
programs under title I of the Workforce Investment Act of 1998 (including
the One-Stop delivery system), and such other programs as the Secretary may
require.
[<-Struck out]
[Struck out->] `(6) RECORDS, REPORTS, AND AUDITS- An agreement
to maintain such records, make such reports, and cooperate with such reviews
or audits (in addition to those required under the preceding provisions of
paragraph (2)) as the Secretary may find necessary for purposes of oversight
of project activities and expenditures.
[<-Struck out]
[Struck out->] `(d) FEDERAL SHARE-
[<-Struck out]
[Struck out->] `(1) IN GENERAL- Grants for a project under this
section for a fiscal year shall be available for up to 80 percent of the
cost of such project in such fiscal year.
[<-Struck out]
[Struck out->] `(2) NON-FEDERAL SHARE- The non-Federal share
may be in cash or in kind. In determining the amount of the non-Federal
share, the Secretary may attribute fair market value to goods, services, and
facilities contributed from non-Federal sources.
[<-Struck
out]
[Struck out->] `SEC. 445. EVALUATION.
[<-Struck out]
[Struck out->] `(a) IN GENERAL- The Secretary, directly or by
contract or cooperative agreement, shall evaluate the effectiveness of service
projects funded under sections 443 and 444 from the standpoint of the purposes
specified in section 441(b)(1).
[<-Struck out]
[Struck out->] `(b) EVALUATION METHODOLOGY- Evaluations under
this section shall--
[<-Struck out]
[Struck out->] `(1) include, to the maximum extent feasible,
random assignment of clients to service delivery and control groups and
other appropriate comparisons of groups of individuals receiving and not
receiving services;
[<-Struck out]
[Struck out->] `(2) describe and measure the effectiveness of
the projects in achieving their specific project goals; and
[<-Struck out]
[Struck out->] `(3) describe and assess, as appropriate, the
impact of such projects on marriage, parenting, domestic violence, child
abuse and neglect, money management, employment and earnings, payment of
child support, and child well-being, health, and education.
[<-Struck out]
[Struck out->] `(c) EVALUATION REPORTS- The Secretary shall
publish the following reports on the results of the evaluation:
[<-Struck out]
[Struck out->] `(1) An implementation evaluation report
covering the first 24 months of the activities under this part to be
completed by 36 months after initiation of such activities.
[<-Struck out]
[Struck out->] `(2) A final report on the evaluation to be
completed by September 30, 2010.
[<-Struck out]
[Struck out->] `SEC. 446. PROJECTS OF NATIONAL SIGNIFICANCE.
[<-Struck out]
[Struck out->] `The Secretary is authorized, by grant, contract,
or cooperative agreement, to carry out projects and activities of national
significance relating to fatherhood promotion, including--
[<-Struck
out]
[Struck out->] `(1) COLLECTION AND DISSEMINATION OF
INFORMATION- Assisting States, communities, and private entities, including
religious organizations, in efforts to promote and support marriage and
responsible fatherhood by collecting, evaluating, developing, and making
available (through the Internet and by other means) to all interested
parties information regarding approaches to accomplishing the objectives
specified in section 441(b)(1).
[<-Struck out]
[Struck out->] `(2) MEDIA CAMPAIGN- Developing, promoting, and
distributing to interested States, local governments, public agencies, and
private nonprofit organizations, including charitable and religious
organizations, a media campaign that promotes and encourages involved,
committed, and responsible fatherhood and married fatherhood.
[<-Struck out]
[Struck out->] `(3) TECHNICAL ASSISTANCE- Providing technical
assistance, including consultation and training, to public and private
entities, including community organizations and faith-based organizations,
in the implementation of local fatherhood promotion programs.
[<-Struck out]
[Struck out->] `(4) RESEARCH- Conducting research related to
the purposes of this part.
[<-Struck out]
[Struck out->] `SEC. 447. NONDISCRIMINATION.
[<-Struck
out]
[Struck out->] `The projects and activities assisted under this
part shall be available on the same basis to all fathers and expectant fathers
able to benefit from such projects and activities, including married and
unmarried fathers and custodial and noncustodial fathers, with particular
attention to low-income fathers, and to mothers and expectant mothers on the
same basis as to fathers.
[<-Struck out]
[Struck out->] `SEC. 448. AUTHORIZATION OF APPROPRIATIONS;
RESERVATION FOR CERTAIN PURPOSE.
[<-Struck out]
[Struck out->] `(a) AUTHORIZATION- There are authorized to be
appropriated $20,000,000 for each of fiscal years 2003 through 2007 to carry
out the provisions of this part.
[<-Struck out]
[Struck out->] `(b) RESERVATION- Of the amount appropriated under
this section for each fiscal year, not more than 15 percent shall be available
for the costs of the multicity, multicounty, multistate demonstration projects
under section 444, evaluations under section 445, and projects of national
significance under section 446.'.
[<-Struck out]
[Struck out->] `(b) INAPPLICABILITY OF EFFECTIVE DATE PROVISIONS-
Section 116 shall not apply to the amendment made by subsection (a) of this
section.'.
[<-Struck out]
[Struck out->] (2) CLERICAL AMENDMENT- Section 2 of such Act is
amended in the table of contents by inserting after the item relating to
section 116 the following new item:
[<-Struck out]
[Struck out->] `Sec. 117. Fatherhood program.'.
[<-Struck out]
[Struck out->] SEC. 120. STATE OPTION TO MAKE TANF PROGRAMS
MANDATORY PARTNERS WITH ONE-STOP EMPLOYMENT TRAINING CENTERS.
[<-Struck out]
[Struck out->] Section 408 of the Social Security Act (42 U.S.C.
608) is amended by adding at the end the following:
[<-Struck
out]
[Struck out->] `(h) STATE OPTION TO MAKE TANF PROGRAMS MANDATORY
PARTNERS WITH ONE-STOP EMPLOYMENT TRAINING CENTERS- For purposes of section
121(b) of the Workforce Investment Act of 1998, a State program funded under
part A of title IV of the Social Security Act shall be considered a program
referred to in paragraph (1)(B) of such section, unless, after the date of the
enactment of this subsection, the Governor of the State notifies the
Secretaries of Health and Human Services and Labor in writing of the decision
of the Governor not to make the State program a mandatory partner.'.
[<-Struck out]
[Struck out->] SEC. 121. SENSE OF THE CONGRESS.
[<-Struck
out]
[Struck out->] It is the sense of the Congress that a State
welfare-to-work program should include a mentoring program.
[<-Struck out]
[Struck out->] TITLE II--CHILD CARE
[<-Struck
out]
[Struck out->] SEC. 201. SHORT TITLE.
[<-Struck out]
[Struck out->] This title may be cited as the `Caring for
Children Act of 2002'.
[<-Struck out]
[Struck out->] SEC. 202. GOALS.
[<-Struck out]
[Struck out->] (a) GOALS- Section 658A(b) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9801 note) is amended--
[<-Struck out]
[Struck out->] (1) in paragraph (3) by striking `encourage' and
inserting `assist',
[<-Struck out]
[Struck out->] (2) by amending paragraph (4) to read as
follows:
[<-Struck out]
[Struck out->] `(4) to assist State to provide child care to
low-income parents;',
[<-Struck out]
[Struck out->] (3) by redesignating paragraph (5) as paragraph
(7), and
[<-Struck out]
[Struck out->] (4) by inserting after paragraph (4) the
following:
[<-Struck out]
[Struck out->] `(5) to encourage States to improve the quality
of child care available to families;
[<-Struck out]
[Struck out->] `(6) to promote school readiness by encouraging
the exposure of young children in child care to nurturing environments and
developmentally-appropriate activities, including activities to foster early
cognitive and literacy development; and'.
[<-Struck out]
[Struck out->] (b) CONFORMING AMENDMENT- Section 658E(c)(3)(B) of
the Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858c(c)(3)(B)) is amended by striking `through (5)' and inserting `through
(7)'.
[<-Struck out]
[Struck out->] SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
[<-Struck out]
[Struck out->] Section 658B of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858) is amended--
[<-Struck
out]
[Struck out->] (1) by striking `is' and inserting `are', and
[<-Struck out]
[Struck out->] (2) by striking `$1,000,000,000 for each of the
fiscal years 1996 through 2002' and inserting `$2,300,000,000 for fiscal
year 2003, $2,500,000,000 for fiscal year 2004, $2,700,000,000 for fiscal
year 2005, $2,900,000,000 for fiscal year 2006, and $3,100,000,000 for
fiscal year 2007'.
[<-Struck out]
[Struck out->] SEC. 204. APPLICATION AND PLAN.
[<-Struck
out]
[Struck out->] Section 658E(c)(2) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858C(c)(2)) is amended--
[<-Struck out]
[Struck out->] (1) by amending subparagraph (D) to read as
follows:
[<-Struck out]
[Struck out->] `(D) CONSUMER AND CHILD CARE PROVIDER
EDUCATION INFORMATION- Certify that the State will collect and
disseminate, through resource and referral services and other means as
determined by the State, to parents of eligible children, child care
providers, and the general public, information regarding--
[<-Struck out]
[Struck out->] `(i) the promotion of informed child care
choices, including information about the quality and availability of
child care services;
[<-Struck out]
[Struck out->] `(ii) research and best practices on
children's development, including early cognitive development;
[<-Struck out]
[Struck out->] `(iii) the availability of assistance to
obtain child care services; and
[<-Struck out]
[Struck out->] `(iv) other programs for which families that
receive child care services for which financial assistance is provided
under this subchapter may be eligible, including the food stamp program,
the WIC program under section 17 of the Child Nutrition Act of 1966, the
child and adult care food program under section 17 of the Richard B.
Russell National School Lunch Act, and the medicaid and CHIP programs
under titles XIX and XXI of the Social Security Act.', and
[<-Struck out]
[Struck out->] (2) by inserting after subparagraph (H) the
following:
[<-Struck out]
[Struck out->] `(I) COORDINATION WITH OTHER EARLY CHILD CARE
SERVICES AND EARLY CHILDHOOD EDUCATION PROGRAMS- Demonstrate how the State
is coordinating child care services provided under this subchapter with
Head Start, Early Reading First, Even Start, Ready-To-Learn Television,
State pre-kindergarten programs, and other early childhood education
programs to expand accessibility to and continuity of care and early
education without displacing services provided by the current early care
and education delivery system.
[<-Struck out]
[Struck out->] `(J) PUBLIC-PRIVATE PARTNERSHIPS- Demonstrate
how the State encourages partnerships with private and other public
entities to leverage existing service delivery systems of early childhood
education and increase the supply and quality of child care services.
[<-Struck out]
[Struck out->] `(K) CHILD CARE SERVICE QUALITY-
[<-Struck out]
[Struck out->] `(i) CERTIFICATION- For each fiscal year
after fiscal year 2003, certify that during the then preceding fiscal
year the State was in compliance with section 658G and describe how
funds were used to comply with such section during such preceding fiscal
year.
[<-Struck out]
[Struck out->] `(ii) STRATEGY- For each fiscal year after
fiscal year 2003, contain an outline of the strategy the State will
implement during such fiscal year for which the State plan is submitted,
to address the quality of child care services in child care settings
that provide services for which assistance is made available under this
subchapter, and include in such strategy--
[<-Struck
out]
[Struck out->] `(I) a statement specifying how the State
will address the activities described in paragraphs (1), (2), and (3)
of section 658G;
[<-Struck out]
[Struck out->] `(II) a description of quantifiable,
objective measures for evaluating the quality of child care services
separately with respect to the activities listed in each of such
paragraphs that the State will use to evaluate its progress in
improving the quality of such child care services;
[<-Struck
out]
[Struck out->] `(III) a list of State-developed child
care service quality targets for such fiscal year quantified on the
basis of such measures; and
[<-Struck out]
[Struck out->] `(IV) for each fiscal year after fiscal
year 2003, a report on the progress made to achieve such targets
during the then preceding fiscal year.
[<-Struck
out]
[Struck out->] `(iii) RULE OF CONSTRUCTION- Nothing in this
subparagraph shall be construed to require that the State apply measures
for evaluating quality to specific types of child care providers.
[<-Struck out]
[Struck out->] `(L) ACCESS TO CARE FOR CERTAIN POPULATIONS-
Demonstrate how the State is addressing the child care needs of parents
eligible for child care services for which financial assistance is
provided under this subchapter who have children with special needs, work
nontraditional hours, or require child care services for infants or
toddlers.'.
[<-Struck out]
[Struck out->] SEC. 205. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD
CARE.
[<-Struck out]
[Struck out->] Section 658G of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858e) is amended to read as follows:
[<-Struck out]
[Struck out->] `SEC. 658G. ACTIVITIES TO IMPROVE THE QUALITY OF
CHILD CARE SERVICES.
[<-Struck out]
[Struck out->] `A State that receives funds to carry out this
subchapter for a fiscal year, shall use not less than 6 percent of the amount
of such funds for activities provided through resource and referral services
or other means, that are designed to improve the quality of child care
services for which financial assistance is made available under this
subchapter. Such activities include--
[<-Struck out]
[Struck out->] `(1) programs that provide training, education,
and other professional development activities to enhance the skills of the
child care workforce, including training opportunities for caregivers in
informal care settings;
[<-Struck out]
[Struck out->] `(2) activities within child care settings to
enhance early learning for young children, to promote early literacy, and to
foster school readiness;
[<-Struck out]
[Struck out->] `(3) initiatives to increase the retention and
compensation of child care providers, including tiered reimbursement rates
for providers that meet quality standards as defined by the State; or
[<-Struck out]
[Struck out->] `(4) other activities deemed by the State to
improve the quality of child care services provided in such State.'.
[<-Struck out]
[Struck out->] SEC. 206. REPORT BY SECRETARY.
[<-Struck
out]
[Struck out->] Section 658L of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858j) is amended to read as follows:
[<-Struck out]
[Struck out->] `SEC. 658L. REPORT BY SECRETARY.
[<-Struck
out]
[Struck out->] `(a) REPORT REQUIRED- Not later than October 1,
2004, and biennially thereafter, the Secretary shall prepare and submit to the
Committee on Education and the Workforce of the House of Representatives and
the Committee on Health, Education, Labor and Pensions of the Senate a report
that contains the following:
[<-Struck out]
[Struck out->] `(1) A summary and analysis of the data and
information provided to the Secretary in the State reports submitted under
section 658K.
[<-Struck out]
[Struck out->] `(2) Aggregated statistics on the supply of,
demand for, and quality of child care, early education, and non-school-hours
programs.
[<-Struck out]
[Struck out->] `(3) An assessment, and where appropriate,
recommendations for the Congress concerning efforts that should be
undertaken to improve the access of the public to quality and affordable
child care in the United States.
[<-Struck out]
[Struck out->] `(b) COLLECTION OF INFORMATION- The Secretary may
utilize the national child care data system available through resource and
referral organizations at the local, State, and national level to collect the
information required by subsection (a)(2).
[<-Struck out]
[Struck out->] SEC. 207. DEFINITIONS.
[<-Struck out]
[Struck out->] Section 658P(4)(B) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858N(4)(B)) is amended by
striking `85 percent of the State median income' and inserting `income levels
as established by the State, prioritized by need,'.
[<-Struck
out]
[Struck out->] SEC. 208. ENTITLEMENT FUNDING.
[<-Struck
out]
[Struck out->] Section 418(a)(3) (42 U.S.C. 618(a)(3)) is
amended--
[<-Struck out]
[Struck out->] (1) by striking `and' at the end of subparagraph
(E);
[<-Struck out]
[Struck out->] (2) by striking the period at the end of
subparagraph (F) and inserting `; and'; and
[<-Struck out]
[Struck out->] (3) by adding at the end the following:
[<-Struck out]
[Struck out->] `(G) $2,917,000,000 for each of fiscal years
2003 through 2007.'.
[<-Struck out]
[Struck out->] TITLE III--TAXPAYER PROTECTIONS
[<-Struck out]
[Struck out->] SEC. 301. EXCLUSION FROM GROSS INCOME FOR INTEREST
ON OVERPAYMENTS OF INCOME TAX BY INDIVIDUALS.
[<-Struck out]
[Struck out->] (a) IN GENERAL- Part III of subchapter B of
chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically
excluded from gross income) is amended by inserting after section 139 the
following new section:
[<-Struck out]
[Struck out->] `SEC. 139A. EXCLUSION FROM GROSS INCOME FOR INTEREST
ON OVERPAYMENTS OF INCOME TAX BY INDIVIDUALS.
[<-Struck out]
[Struck out->] `(a) IN GENERAL- In the case of an individual,
gross income shall not include interest paid under section 6611 on any
overpayment of tax imposed by this subtitle.
[<-Struck out]
[Struck out->] `(b) EXCEPTION- Subsection (a) shall not apply in
the case of a failure to claim items resulting in the overpayment on the
original return if the Secretary determines that the principal purpose of such
failure is to take advantage of subsection (a).
[<-Struck out]
[Struck out->] `(c) SPECIAL RULE FOR DETERMINING MODIFIED
ADJUSTED GROSS INCOME- For purposes of this title, interest not included in
gross income under subsection (a) shall not be treated as interest which is
exempt from tax for purposes of sections 32(i)(2)(B) and 6012(d) or any
computation in which interest exempt from tax under this title is added to
adjusted gross income.'.
[<-Struck out]
[Struck out->] (b) CLERICAL AMENDMENT- The table of sections for
part III of subchapter B of chapter 1 of such Code is amended by inserting
after the item relating to section 139 the following new item:
[<-Struck out]
[Struck out->] `Sec. 139A. Exclusion from gross income for interest
on overpayments of income tax by individuals.'.
[<-Struck out]
[Struck out->] (c) EFFECTIVE DATE- The amendments made by this
section shall apply to interest received after December 31, 2006.
[<-Struck out]
[Struck out->] SEC. 302. DEPOSITS MADE TO SUSPEND RUNNING OF
INTEREST ON POTENTIAL UNDERPAYMENTS.
[<-Struck out]
[Struck out->] (a) IN GENERAL- Subchapter A of chapter 67 of the
Internal Revenue Code of 1986 (relating to interest on underpayments) is
amended by adding at the end the following new section:
[<-Struck
out]
[Struck out->] `SEC. 6603. DEPOSITS MADE TO SUSPEND RUNNING OF
INTEREST ON POTENTIAL UNDERPAYMENTS, ETC.
[<-Struck out]
[Struck out->] `(a) AUTHORITY TO MAKE DEPOSITS OTHER THAN AS
PAYMENT OF TAX- A taxpayer may make a cash deposit with the Secretary which
may be used by the Secretary to pay any tax imposed under subtitle A or B or
chapter 41, 42, 43, or 44 which has not been assessed at the time of the
deposit. Such a deposit shall be made in such manner as the Secretary shall
prescribe.
[<-Struck out]
[Struck out->] `(b) NO INTEREST IMPOSED- To the extent that such
deposit is used by the Secretary to pay tax, for purposes of section 6601
(relating to interest on underpayments), the tax shall be treated as paid when
the deposit is made.
[<-Struck out]
[Struck out->] `(c) RETURN OF DEPOSIT- Except in a case where the
Secretary determines that collection of tax is in jeopardy, the Secretary
shall return to the taxpayer any amount of the deposit (to the extent not used
for a payment of tax) which the taxpayer requests in writing.
[<-Struck out]
[Struck out->] `(d) PAYMENT OF INTEREST-
[<-Struck
out]
[Struck out->] `(1) IN GENERAL- For purposes of section 6611
(relating to interest on overpayments), a deposit which is returned to a
taxpayer shall be treated as a payment of tax for any period to the extent
(and only to the extent) attributable to a disputable tax for such period.
Under regulations prescribed by the Secretary, rules similar to the rules of
section 6611(b)(2) shall apply.
[<-Struck out]
[Struck out->] `(2) DISPUTABLE TAX-
[<-Struck
out]
[Struck out->] `(A) IN GENERAL- For purposes of this section,
the term `disputable tax' means the amount of tax specified at the time of
the deposit as the taxpayer's reasonable estimate of the maximum amount of
any tax attributable to disputable items.
[<-Struck
out]
[Struck out->] `(B) SAFE HARBOR BASED ON 30-DAY LETTER- In
the case of a taxpayer who has been issued a 30-day letter, the maximum
amount of tax under subparagraph (A) shall not be less than the amount of
the proposed deficiency specified in such letter.
[<-Struck
out]
[Struck out->] `(3) OTHER DEFINITIONS- For purposes of
paragraph (2)--
[<-Struck out]
[Struck out->] `(A) DISPUTABLE ITEM- The term `disputable
item' means any item of income, gain, loss, deduction, or credit if the
taxpayer--
[<-Struck out]
[Struck out->] `(i) has a reasonable basis for its
treatment of such item, and
[<-Struck out]
[Struck out->] `(ii) reasonably believes that the Secretary
also has a reasonable basis for disallowing the taxpayer's treatment of
such item.
[<-Struck out]
[Struck out->] `(B) 30-DAY LETTER- The term `30-day letter'
means the first letter of proposed deficiency which allows the taxpayer an
opportunity for administrative review in the Internal Revenue Service
Office of Appeals.
[<-Struck out]
[Struck out->] `(4) RATE OF INTEREST- The rate of interest
allowable under this subsection shall be the Federal short-term rate
determined under section 6621(b), compounded daily.
[<-Struck
out]
[Struck out->] `(e) USE OF DEPOSITS-
[<-Struck out]
[Struck out->] `(1) PAYMENT OF TAX- Except as otherwise
provided by the taxpayer, deposits shall be treated as used for the payment
of tax in the order deposited.
[<-Struck out]
[Struck out->] `(2) RETURNS OF DEPOSITS- Deposits shall be
treated as returned to the taxpayer on a last-in, first-out basis.'.
[<-Struck out]
[Struck out->] (b) CLERICAL AMENDMENT- The table of sections for
subchapter A of chapter 67 of such Code is amended by adding at the end the
following new item:
[<-Struck out]
[Struck out->] `Sec. 6603. Deposits made to suspend running of
interest on potential underpayments, etc.'.
[<-Struck out]
[Struck out->] (c) EFFECTIVE DATE-
[<-Struck out]
[Struck out->] (1) IN GENERAL- The amendments made by this
section shall apply to deposits made after the date of the enactment of this
Act.
[<-Struck out]
[Struck out->] (2) COORDINATION WITH DEPOSITS MADE UNDER
REVENUE PROCEDURE 84-58- In the case of an amount held by the Secretary of
the Treasury or his delegate on the date of the enactment of this Act as a
deposit in the nature of a cash bond deposit pursuant to Revenue Procedure
84-58, the date that the taxpayer identifies such amount as a deposit made
pursuant to section 6603 of the Internal Revenue Code (as added by this Act)
shall be treated as the date such amount is deposited for purposes of such
section 6603.
[<-Struck out]
[Struck out->] SEC. 303. PARTIAL PAYMENT OF TAX LIABILITY IN
INSTALLMENT AGREEMENTS.
[<-Struck out]
[Struck out->] (a) IN GENERAL-
[<-Struck out]
[Struck out->] (1) Section 6159(a) of the Internal Revenue Code
of 1986 (relating to authorization of agreements) is amended--
[<-Struck out]
[Struck out->] (A) by striking `satisfy liability for payment
of' and inserting `make payment on', and
[<-Struck out]
[Struck out->] (B) by inserting `full or partial' after
`facilitate'.
[<-Struck out]
[Struck out->] (2) Section 6159(c) of such Code (relating to
Secretary required to enter into installment agreements in certain cases) is
amended in the matter preceding paragraph (1) by inserting `full' before
`payment'.
[<-Struck out]
[Struck out->] (b) REQUIREMENT TO REVIEW PARTIAL PAYMENT
AGREEMENTS EVERY TWO YEARS- Section 6159 of such Code is amended by
redesignating subsections (d) and (e) as subsections (e) and (f),
respectively, and inserting after subsection (c) the following new subsection:
[<-Struck out]
[Struck out->] `(d) SECRETARY REQUIRED TO REVIEW INSTALLMENT
AGREEMENTS FOR PARTIAL COLLECTION EVERY TWO YEARS- In the case of an agreement
entered into by the Secretary under subsection (a) for partial collection of a
tax liability, the Secretary shall review the agreement at least once every 2
years.'.
[<-Struck out]
[Struck out->] (c) EFFECTIVE DATE- The amendments made by this
section shall apply to agreements entered into on or after the date of the
enactment of this Act.
[<-Struck out]
[Struck out->] TITLE IV--CHILD SUPPORT
[<-Struck
out]
[Struck out->] SEC. 401. FEDERAL MATCHING FUNDS FOR LIMITED PASS
THROUGH OF CHILD SUPPORT PAYMENTS TO FAMILIES RECEIVING TANF.
[<-Struck out]
[Struck out->] (a) IN GENERAL- Section 457(a) (42 U.S.C. 657(a))
is amended--
[<-Struck out]
[Struck out->] (1) in paragraph (1)(A), by inserting `subject
to paragraph (7)' before the semicolon; and
[<-Struck out]
[Struck out->] (2) by adding at the end the following:
[<-Struck out]
[Struck out->] `(7) FEDERAL MATCHING FUNDS FOR LIMITED PASS
THROUGH OF CHILD SUPPORT PAYMENTS TO FAMILIES RECEIVING TANF-
Notwithstanding paragraph (1), a State shall not be required to pay to the
Federal Government the Federal share of an amount collected during a month
on behalf of a family that is a recipient of assistance under the State
program funded under part A, to the extent that--
[<-Struck
out]
[Struck out->] `(A) the State distributes the amount to the
family;
[<-Struck out]
[Struck out->] `(B) the total of the amounts so distributed
to the family during the month--
[<-Struck out]
[Struck out->] `(i) exceeds the amount (if any) that, as of
December 31, 2001, was required under State law to be distributed to a
family under paragraph (1)(B); and
[<-Struck out]
[Struck out->] `(ii) does not exceed the greater of--
[<-Struck out]
[Struck out->] `(I) $100; or
[<-Struck
out]
[Struck out->] `(II) $50 plus the amount described in
clause (i); and
[<-Struck out]
[Struck out->] `(C) the amount is disregarded in determining
the amount and type of assistance provided to the family under the State
program funded under part A.'.
[<-Struck out]
[Struck out->] (b) EFFECTIVE DATE- The amendments made by
subsection (a) shall apply to amounts distributed on or after October 1, 2004.
[<-Struck out]
[Struck out->] SEC. 402. STATE OPTION TO PASS THROUGH ALL CHILD
SUPPORT PAYMENTS TO FAMILIES THAT FORMERLY RECEIVED TANF.
[<-Struck
out]
[Struck out->] (a) IN GENERAL- Section 457(a) (42 U.S.C. 657(a)),
as amended by section 401(a) of this Act, is amended--
[<-Struck
out]
[Struck out->] (1) in paragraph (2)(B), in the matter preceding
clause (i), by inserting `, except as provided in paragraph (8),' after
`shall'; and
[<-Struck out]
[Struck out->] (2) by adding at the end the following:
[<-Struck out]
[Struck out->] `(8) STATE OPTION TO PASS THROUGH ALL CHILD
SUPPORT PAYMENTS TO FAMILIES THAT FORMERLY RECEIVED TANF- In lieu of
applying paragraph (2) to any family described in paragraph (2), a State may
distribute to the family any amount collected during a month on behalf of
the family.'.
[<-Struck out]
[Struck out->] (b) EFFECTIVE DATE- The amendments made by
subsection (a) shall apply to amounts distributed on or after October 1, 2004.
[<-Struck out]
[Struck out->] SEC. 403. MANDATORY REVIEW AND ADJUSTMENT OF CHILD
SUPPORT ORDERS FOR FAMILIES RECEIVING TANF.
[<-Struck out]
[Struck out->] (a) IN GENERAL- Section 466(a)(10)(A)(i) (42
U.S.C. 666(a)(10)(A)(i)) is amended--
[<-Struck out]
[Struck out->] (1) by striking `parent, or,' and inserting
`parent or'; and
[<-Struck out]
[Struck out->] (2) by striking `upon the request of the State
agency under the State plan or of either parent,'.
[<-Struck
out]
[Struck out->] (b) EFFECTIVE DATE- The amendment made by
subsection (a) shall take effect on October 1, 2004.
[<-Struck
out]
[Struck out->] SEC. 404. MANDATORY FEE FOR SUCCESSFUL CHILD SUPPORT
COLLECTION FOR FAMILY THAT HAS NEVER RECEIVED TANF.
[<-Struck
out]
[Struck out->] (a) IN GENERAL- Section 454(6)(B) (42 U.S.C.
654(6)(B)) is amended--
[<-Struck out]
[Struck out->] (1) by inserting `(i)' after `(B)';
[<-Struck out]
[Struck out->] (2) by redesignating clauses (i) and (ii) as
subclauses (I) and (II), respectively;
[<-Struck out]
[Struck out->] (3) by adding `and' after the semicolon; and
[<-Struck out]
[Struck out->] (4) by adding after and below the end the
following new clause:
[<-Struck out]
[Struck out->] `(ii) in the case of an individual who has
never received assistance under a State program funded under part A and
for whom the State has collected at least $500 of support, the State shall
impose an annual fee of $25 for each case in which services are furnished,
which shall be retained by the State from support collected on behalf of
the individual (but not from the 1st $500 so collected), paid by the
individual applying for the services, recovered from the absent parent, or
paid by the State out of its own funds (the payment of which from State
funds shall not be considered as an administrative cost of the State for
the operation of the plan, and shall be considered income to the
program);'.
[<-Struck out]
[Struck out->] (b) CONFORMING AMENDMENT- Section 457(a)(3) (42
U.S.C. 657(a)(3)) is amended to read as follows:
[<-Struck out]
[Struck out->] `(3) FAMILIES THAT NEVER RECEIVED ASSISTANCE- In
the case of any other family, the State shall distribute to the family the
portion of the amount so collected that remains after withholding any fee
pursuant to section 454(6)(B)(ii).'.
[<-Struck out]
[Struck out->] (c) EFFECTIVE DATE- The amendments made by this
section shall take effect on October 1, 2003.
[<-Struck out]
[Struck out->] SEC. 405. REPORT ON UNDISTRIBUTED CHILD SUPPORT
PAYMENTS.
[<-Struck out]
[Struck out->] Not later than 6 months after the date of the
enactment of this Act, the Secretary of Health and Human Services shall submit
to the Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a report on the procedures that the States
use generally to locate custodial parents for whom child support has been
collected but not yet distributed. The report shall include an estimate of the
total amount of such undistributed child support and the average length of
time it takes for such child support to be distributed. To the extent the
Secretary deems appropriate, the Secretary shall include in the report
recommendations as to whether additional procedures should be established at
the State or Federal level to expedite the payment of undistributed child
support.
[<-Struck out]
[Struck out->] SEC. 406. USE OF NEW HIRE INFORMATION TO ASSIST IN
ADMINISTRATION OF UNEMPLOYMENT COMPENSATION PROGRAMS.
[<-Struck
out]
[Struck out->] (a) IN GENERAL- Section 453(j) (42 U.S.C. 653(j))
is amended by adding at the end the following:
[<-Struck out]
[Struck out->] `(7) INFORMATION COMPARISONS AND DISCLOSURE TO
ASSIST IN ADMINISTRATION OF UNEMPLOYMENT COMPENSATION PROGRAMS-
[<-Struck out]
[Struck out->] `(A) IN GENERAL- If a State agency responsible
for the administration of an unemployment compensation program under
Federal or State law transmits to the Secretary the name and social
security account number of an individual, the Secretary shall, if the
information in the National Directory of New Hires indicates that the
individual may be employed, disclose to the State agency the name,
address, and employer identification number of any putative employer of
the individual, subject to this paragraph.
[<-Struck
out]
[Struck out->] `(B) CONDITION ON DISCLOSURE- The Secretary
shall make a disclosure under subparagraph (A) only to the extent that the
Secretary determines that the disclosure would not interfere with the
effective operation of the program under this part.
[<-Struck
out]
[Struck out->] `(C) USE OF INFORMATION- A State agency may
use information provided under this paragraph only for purposes of
administering a program referred to in subparagraph (A).'.
[<-Struck out]
[Struck out->] (b) EFFECTIVE DATE- The amendment made by
subsection (a) shall take effect on October 1, 2003.
[<-Struck
out]
[Struck out->] SEC. 407. DECREASE IN AMOUNT OF CHILD SUPPORT
ARREARAGE TRIGGERING PASSPORT DENIAL.
[<-Struck out]
[Struck out->] (a) IN GENERAL- Section 452(k)(1) (42 U.S.C.
652(k)(1)) is amended by striking `$5,000' and inserting `$2,500'.
[<-Struck out]
[Struck out->] (b) CONFORMING AMENDMENT- Section 454(31) (42
U.S.C. 654(31)) is amended by striking `$5,000' and inserting `$2,500'.
[<-Struck out]
[Struck out->] (c) EFFECTIVE DATE- The amendments made by this
section shall take effect on October 1, 2003.
[<-Struck out]
[Struck out->] SEC. 408. USE OF TAX REFUND INTERCEPT PROGRAM TO
COLLECT PAST-DUE CHILD SUPPORT ON BEHALF OF CHILDREN WHO ARE NOT MINORS.
[<-Struck out]
[Struck out->] (a) IN GENERAL- Section 464 (42 U.S.C. 664) is
amended--
[<-Struck out]
[Struck out->] (1) in subsection (a)(2)(A), by striking `(as
that term is defined for purposes of this paragraph under subsection (c))';
and
[<-Struck out]
[Struck out->] (2) in subsection (c)--
[<-Struck
out]
[Struck out->] (A) in paragraph (1)--
[<-Struck
out]
[Struck out->] (i) by striking `(1) Except as provided in
paragraph (2), as used in' and inserting `In'; and
[<-Struck
out]
[Struck out->] (ii) by inserting `(whether or not a minor)'
after `a child' each place it appears; and
[<-Struck
out]
[Struck out->] (B) by striking paragraphs (2) and (3).
[<-Struck out]
[Struck out->] (b) EFFECTIVE DATE- The amendments made by
subsection (a) shall take effect on October 1, 2004.
[<-Struck
out]
[Struck out->] SEC. 409. GARNISHMENT OF COMPENSATION PAID TO
VETERANS FOR SERVICE-CONNECTED DISABILITIES IN ORDER TO ENFORCE CHILD SUPPORT
OBLIGATIONS.
[<-Struck out]
[Struck out->] (a) IN GENERAL- Section 459(h) (42 U.S.C. 659(h))
is amended--
[<-Struck out]
[Struck out->] (1) in paragraph (1)(A)(ii)(V), by striking all
that follows `Armed Forces' and inserting a semicolon; and
[<-Struck out]
[Struck out->] (2) by adding at the end the following:
[<-Struck out]
[Struck out->] `(3) LIMITATIONS WITH RESPECT TO COMPENSATION
PAID TO VETERANS FOR SERVICE-CONNECTED DISABILITIES- Notwithstanding any
other provision of this section:
[<-Struck out]
[Struck out->] `(A) Compensation described in paragraph
(1)(A)(ii)(V) shall not be subject to withholding pursuant to this
section--
[<-Struck out]
[Struck out->] `(i) for payment of alimony; or
[<-Struck out]
[Struck out->] `(ii) for payment of child support if the
individual is fewer than 60 days in arrears in payment of the support.
[<-Struck out]
[Struck out->] `(B) Not more than 50 percent of any payment
of compensation described in paragraph (1)(A)(ii)(V) may be withheld
pursuant to this section.'.
[<-Struck out]
[Struck out->] (b) EFFECTIVE DATE- The amendments made by
subsection (a) shall take effect on October 1, 2004.
[<-Struck
out]
[Struck out->] SEC. 410. IMPROVING FEDERAL DEBT COLLECTION
PRACTICES.
[<-Struck out]
[Struck out->] Section 3716(h)(3) of title 31, United States
Code, is amended to read as follows:
[<-Struck out]
[Struck out->] `(3) In applying this subsection with respect to
any debt owed to a State, other than past due support being enforced by the
State, subsection (c)(3)(A) shall not apply. Subsection (c)(3)(A) shall apply
with respect to past due support being enforced by the State notwithstanding
any other provision of law, including sections 207 and 1631(d)(1) of the
Social Security Act (42 U.S.C. 407 and 1383(d)(1)), section 413(b) of Public
law 91-173 (30 U.S.C. 923(b)), and section 14 of the Act of August 29, 1935
(45 U.S.C. 231m).'.
[<-Struck out]
[Struck out->] SEC. 411. MAINTENANCE OF TECHNICAL ASSISTANCE
FUNDING.
[<-Struck out]
[Struck out->] Section 452(j) (42 U.S.C. 652(j)) is amended by
inserting `or the amount appropriated under this paragraph for fiscal year
2002, whichever is greater,' before `which shall be available'.
[<-Struck out]
[Struck out->] SEC. 412. MAINTENANCE OF FEDERAL PARENT LOCATOR
SERVICE FUNDING.
[<-Struck out]
[Struck out->] Section 453(o) (42 U.S.C. 653(o)) is amended--
[<-Struck out]
[Struck out->] (1) in the 1st sentence, by inserting `or the
amount appropriated under this paragraph for fiscal year 2002, whichever is
greater,' before `which shall be available'; and
[<-Struck
out]
[Struck out->] (2) in the 2nd sentence, by striking `for each
of fiscal years 1997 through 2001'.
[<-Struck out]
[Struck out->] TITLE V--CHILD WELFARE
[<-Struck
out]
[Struck out->] SEC. 501. EXTENSION OF AUTHORITY TO APPROVE
DEMONSTRATION PROJECTS.
[<-Struck out]
[Struck out->] Section 1130(a)(2) (42 U.S.C. 1320a-9(a)(2)) is
amended by striking `2002' and inserting `2007'.
[<-Struck out]
[Struck out->] SEC. 502. ELIMINATION OF LIMITATION ON NUMBER OF
WAIVERS.
[<-Struck out]
[Struck out->] Section 1130(a)(2) (42 U.S.C. 1320a-9(a)(2)) is
amended by striking `not more than 10'.
[<-Struck out]
[Struck out->] SEC. 503. ELIMINATION OF LIMITATION ON NUMBER OF
STATES THAT MAY BE GRANTED WAIVERS TO CONDUCT DEMONSTRATION PROJECTS ON SAME
TOPIC.
[<-Struck out]
[Struck out->] Section 1130 (42 U.S.C. 1320a-9) is amended by
adding at the end the following:
[<-Struck out]
[Struck out->] `(h) NO LIMIT ON NUMBER OF STATES THAT MAY BE
GRANTED WAIVERS TO CONDUCT SAME OR SIMILAR DEMONSTRATION PROJECTS- The
Secretary shall not refuse to grant a waiver to a State under this section on
the grounds that a purpose of the waiver or of the demonstration project for
which the waiver is necessary would be the same as or similar to a purpose of
another waiver or project that is or may be conducted under this section.'.
[<-Struck out]
[Struck out->] SEC. 504. ELIMINATION OF LIMITATION ON NUMBER OF
WAIVERS THAT MAY BE GRANTED TO A SINGLE STATE FOR DEMONSTRATION PROJECTS.
[<-Struck out]
[Struck out->] Section 1130 (42 U.S.C. 1320a-9) is further
amended by adding at the end the following:
[<-Struck out]
[Struck out->] `(i) NO LIMIT ON NUMBER OF WAIVERS GRANTED TO, OR
DEMONSTRATION PROJECTS THAT MAY BE CONDUCTED BY, A SINGLE STATE- The Secretary
shall not impose any limit on the number of waivers that may be granted to a
State, or the number of demonstration projects that a State may be authorized
to conduct, under this section.'.
[<-Struck out]
[Struck out->] SEC. 505. STREAMLINED PROCESS FOR CONSIDERATION OF
AMENDMENTS TO AND EXTENSIONS OF DEMONSTRATION PROJECTS REQUIRING WAIVERS.
[<-Struck out]
[Struck out->] Section 1130 (42 U.S.C. 1320a-9) is further
amended by adding at the end the following:
[<-Struck out]
[Struck out->] `(j) STREAMLINED PROCESS FOR CONSIDERATION OF
AMENDMENTS AND EXTENSIONS- The Secretary shall develop a streamlined process
for consideration of amendments and extensions proposed by States to
demonstration projects conducted under this section.'.
[<-Struck
out]
[Struck out->] SEC. 506. AVAILABILITY OF REPORTS.
[<-Struck out]
[Struck out->] Section 1130 (42 U.S.C. 1320a-9) is further
amended by adding at the end the following:
[<-Struck out]
[Struck out->] `(k) AVAILABILITY OF REPORTS- The Secretary shall
make available to any State or other interested party any report provided to
the Secretary under subsection (f)(2), and any evaluation or report made by
the Secretary with respect to a demonstration project conducted under this
section, with a focus on information that may promote best practices and
program improvements.'.
[<-Struck out]
[Struck out->] SEC. 507. TECHNICAL CORRECTION.
[<-Struck
out]
[Struck out->] Section 1130(b)(1) (42 U.S.C. 1320a-9(b)(1)) is
amended by striking `422(b)(9)' and inserting `422(b)(10)'.
[<-Struck out]
[Struck out->] TITLE VI--SUPPLEMENTAL SECURITY INCOME
[<-Struck out]
[Struck out->] SEC. 601. REVIEW OF STATE AGENCY BLINDNESS AND
DISABILITY DETERMINATIONS.
[<-Struck out]
[Struck out->] Section 1633 (42 U.S.C. 1383b) is amended by
adding at the end the following:
[<-Struck out]
[Struck out->] `(e)(1) The Commissioner of Social Security shall
review determinations, made by State agencies pursuant to subsection (a) in
connection with applications for benefits under this title on the basis of
blindness or disability, that individuals who have attained 18 years of age
are blind or disabled as of a specified onset date. The Commissioner of Social
Security shall review such a determination before any action is taken to
implement the determination.
[<-Struck out]
[Struck out->] `(2)(A) In carrying out paragraph (1), the
Commissioner of Social Security shall review--
[<-Struck out]
[Struck out->] `(i) at least 20 percent of all determinations
referred to in paragraph (1) that are made in fiscal year 2003;
[<-Struck out]
[Struck out->] `(ii) at least 40 percent of all such
determinations that are made in fiscal year 2004; and
[<-Struck
out]
[Struck out->] `(iii) at least 50 percent of all such
determinations that are made in fiscal year 2005 or thereafter.
[<-Struck out]
[Struck out->] `(B) In carrying out subparagraph (A), the
Commissioner of Social Security shall, to the extent feasible, select for
review the determinations which the Commissioner of Social Security identifies
as being the most likely to be incorrect.'.
[<-Struck out]
[Struck out->] TITLE VII--STATE AND LOCAL FLEXIBILITY
[<-Struck out]
[Struck out->] SEC. 701. PROGRAM COORDINATION DEMONSTRATION
PROJECTS.
[<-Struck out]
[Struck out->] (a) PURPOSE- The purpose of this section is to
establish a program of demonstration projects in a State or portion of a State
to coordinate multiple public assistance, workforce development, and other
programs, for the purpose of supporting working individuals and families,
helping families escape welfare dependency, promoting child well-being, or
helping build stronger families, using innovative approaches to strengthen
service systems and provide more coordinated and effective service delivery.
[<-Struck out]
[Struck out->] (b) DEFINITIONS- In this section:
[<-Struck out]
[Struck out->] (1) ADMINISTERING SECRETARY- The term
`administering Secretary' means, with respect to a qualified program, the
head of the Federal agency responsible for administering the program.
[<-Struck out]
[Struck out->] (2) QUALIFIED PROGRAM- The term `qualified
program' means--
[<-Struck out]
[Struck out->] (A) a program under part A of title IV of the
Social Security Act;
[<-Struck out]
[Struck out->] (B) the program under title XX of such Act;
[<-Struck out]
[Struck out->] (C) activities funded under title I of the
Workforce Investment Act of 1998, except subtitle C of such title;
[<-Struck out]
[Struck out->] (D) a demonstration project authorized under
section 505 of the Family Support Act of 1988;
[<-Struck
out]
[Struck out->] (E) activities funded under the Wagner-Peyser
Act;
[<-Struck out]
[Struck out->] (F) activities funded under the Adult
Education and Family Literacy Act;
[<-Struck out]
[Struck out->] (G) activities funded under the Child Care and
Development Block Grant Act of 1990;
[<-Struck out]
[Struck out->] (H) activities funded under the United States
Housing Act of 1937 (42 U.S.C. 1437 et seq.), except that such term shall
not include--
[<-Struck out]
[Struck out->] (i) any program for rental assistance under
section 8 of such Act (42 U.S.C. 1437f); and
[<-Struck
out]
[Struck out->] (ii) the program under section 7 of such Act
(42 U.S.C. 1437e) for designating public housing for occupancy by
certain populations;
[<-Struck out]
[Struck out->] (I) activities funded under title I, II, III,
or IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et
seq.); or
[<-Struck out]
[Struck out->] (J) the food stamp program as defined in
section 3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h)).
[<-Struck out]
[Struck out->] (c) APPLICATION REQUIREMENTS- The head of a State
entity or of a sub-State entity administering 2 or more qualified programs
proposed to be included in a demonstration project under this section shall
(or, if the project is proposed to include qualified programs administered by
2 or more such entities, the heads of the administering entities (each of whom
shall be considered an applicant for purposes of this section) shall jointly)
submit to the administering Secretary of each such program an application that
contains the following:
[<-Struck out]
[Struck out->] (1) PROGRAMS INCLUDED- A statement identifying
each qualified program to be included in the project, and describing how the
purposes of each such program will be achieved by the project.
[<-Struck out]
[Struck out->] (2) POPULATION SERVED- A statement identifying
the population to be served by the project and specifying the eligibility
criteria to be used.
[<-Struck out]
[Struck out->] (3) DESCRIPTION AND JUSTIFICATION- A detailed
description of the project, including--
[<-Struck out]
[Struck out->] (A) a description of how the project is
expected to improve or enhance achievement of the purposes of the programs
to be included in the project, from the standpoint of quality, of
cost-effectiveness, or of both; and
[<-Struck out]
[Struck out->] (B) a description of the performance
objectives for the project, including any proposed modifications to the
performance measures and reporting requirements used in the programs.
[<-Struck out]
[Struck out->] (4) WAIVERS REQUESTED- A description of the
statutory and regulatory requirements with respect to which a waiver is
requested in order to carry out the project, and a justification of the need
for each such waiver.
[<-Struck out]
[Struck out->] (5) COST NEUTRALITY- Such information and
assurances as necessary to establish to the satisfaction of the
administering Secretary, in consultation with the Director of the Office of
Management and Budget, that the proposed project is reasonably expected to
meet the applicable cost neutrality requirements of subsection (d)(4).
[<-Struck out]
[Struck out->] (6) EVALUATION AND REPORTS- An assurance that
the applicant will conduct ongoing and final evaluations of the project, and
make interim and final reports to the administering Secretary, at such times
and in such manner as the administering Secretary may require.
[<-Struck out]
[Struck out->] (7) PUBLIC HOUSING AGENCY PLAN- In the case of
an application proposing a demonstration project that includes activities
referred to in subsection (b)(2)(H) of this section--
[<-Struck
out]
[Struck out->] (A) a certification that the applicable annual
public housing agency plan of any agency affected by the project that is
approved under section 5A of the United States Housing Act of 1937 (42
U.S.C. 1437c-1) by the Secretary includes the information specified in
paragraphs (1) through (4) of this subsection; and
[<-Struck
out]
[Struck out->] (B) any resident advisory board
recommendations, and other information, relating to the project that,
pursuant to section 5A(e)(2) of the United States Housing Act of 1937 (42
U.S.C. 1437c-1(e)(2), is required to be included in the public housing
agency plan of any public housing agency affected by the project.
[<-Struck out]
[Struck out->] (8) OTHER INFORMATION AND ASSURANCES- Such other
information and assurances as the administering Secretary may require.
[<-Struck out]
[Struck out->] (d) APPROVAL OF APPLICATIONS-
[<-Struck
out]
[Struck out->] (1) IN GENERAL- The administering Secretary with
respect to a qualified program that is identified in an application
submitted pursuant to subsection (c) may approve the application and, except
as provided in paragraph (2), waive any requirement applicable to the
program, to the extent consistent with this section and necessary and
appropriate for the conduct of the demonstration project proposed in the
application, if the administering Secretary determines that the project--
[<-Struck out]
[Struck out->] (A) has a reasonable likelihood of achieving
the objectives of the programs to be included in the project;
[<-Struck out]
[Struck out->] (B) may reasonably be expected to meet the
applicable cost neutrality requirements of paragraph (4), as determined by
the Director of the Office of Management and Budget; and
[<-Struck out]
[Struck out->] (C) includes the coordination of 2 or more
qualified programs.
[<-Struck out]
[Struck out->] (2) PROVISIONS EXCLUDED FROM WAIVER AUTHORITY- A
waiver shall not be granted under paragraph (1)--
[<-Struck
out]
[Struck out->] (A) with respect to any provision of law
relating to--
[<-Struck out]
[Struck out->] (i) civil rights or prohibition of
discrimination;
[<-Struck out]
[Struck out->] (ii) purposes or goals of any program;
[<-Struck out]
[Struck out->] (iii) maintenance of effort requirements;
[<-Struck out]
[Struck out->] (iv) health or safety;
[<-Struck
out]
[Struck out->] (v) labor standards under the Fair Labor
Standards Act of 1938; or
[<-Struck out]
[Struck out->] (vi) environmental protection;
[<-Struck out]
[Struck out->] (B) with respect to section 241(a) of the
Adult Education and Family Literacy Act;
[<-Struck out]
[Struck out->] (C) in the case of a program under the United
States Housing Act of 1937 (42 U.S.C. 1437 et seq.), with respect to any
requirement under section 5A of such Act (42 U.S.C. 1437c-1; relating to
public housing agency plans and resident advisory boards);
[<-Struck out]
[Struck out->] (D) in the case of a program under the
Workforce Investment Act, with respect to any requirement the waiver of
which would violate section 189(i)(4)(A)(i) of such Act;
[<-Struck out]
[Struck out->] (E) in the case of the food stamp program (as
defined in section 3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h)),
with respect to any requirement under--
[<-Struck out]
[Struck out->] (i) section 6 (if waiving a requirement
under such section would have the effect of expanding eligibility for
the program), 7(b) or 16(c) of the Food Stamp Act of 1977 (7 U.S.C. 2011
et seq.); or
[<-Struck out]
[Struck out->] (ii) title IV of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 et seq.);
[<-Struck out]
[Struck out->] (F) with respect to any requirement that a
State pass through to a sub-State entity part or all of an amount paid to
the State;
[<-Struck out]
[Struck out->] (G) if the waiver would waive any funding
restriction or limitation provided in an appropriations Act, or would have
the effect of transferring appropriated funds from 1 appropriations
account to another; or
[<-Struck out]
[Struck out->] (H) except as otherwise provided by statute,
if the waiver would waive any funding restriction applicable to a program
authorized under an Act which is not an appropriations Act (but not
including program requirements such as application procedures, performance
standards, reporting requirements, or eligibility standards), or would
have the effect of transferring funds from a program for which there is
direct spending (as defined in section 250(c)(8) of the Balanced Budget
and Emergency Deficit Control Act of 1985) to another program.
[<-Struck out]
[Struck out->] (3) AGREEMENT OF EACH ADMINISTERING SECRETARY
REQUIRED-
[<-Struck out]
[Struck out->] (A) IN GENERAL- An applicant may not conduct a
demonstration project under this section unless each administering
Secretary with respect to any program proposed to be included in the
project has approved the application to conduct the project.
[<-Struck out]
[Struck out->] (B) AGREEMENT WITH RESPECT TO FUNDING AND
IMPLEMENTATION- Before approving an application to conduct a demonstration
project under this section, an administering Secretary shall have in place
an agreement with the applicant with respect to the payment of funds and
responsibilities required of the administering Secretary with respect to
the project.
[<-Struck out]
[Struck out->] (4) COST-NEUTRALITY REQUIREMENT-
[<-Struck out]
[Struck out->] (A) GENERAL RULE- Notwithstanding any other
provision of law (except subparagraph (B)), the total of the amounts that
may be paid by the Federal Government for a fiscal year with respect to
the programs in the State in which an entity conducting a demonstration
project under this section is located that are affected by the project
shall not exceed the estimated total amount that the Federal Government
would have paid for the fiscal year with respect to the programs if the
project had not been conducted, as determined by the Director of the
Office of Management and Budget.
[<-Struck out]
[Struck out->] (B) SPECIAL RULE- If an applicant submits to
the Director of the Office of Management and Budget a request to apply the
rules of this subparagraph to the programs in the State in which the
applicant is located that are affected by a demonstration project proposed
in an application submitted by the applicant pursuant to this section,
during such period of not more than 5 consecutive fiscal years in which
the project is in effect, and the Director determines, on the basis of
supporting information provided by the applicant, to grant the request,
then, notwithstanding any other provision of law, the total of the amounts
that may be paid by the Federal Government for the period with respect to
the programs shall not exceed the estimated total amount that the Federal
Government would have paid for the period with respect to the programs if
the project had not been conducted.
[<-Struck out]
[Struck out->] (5) 90-DAY APPROVAL DEADLINE-
[<-Struck out]
[Struck out->] (A) IN GENERAL- If an administering Secretary
receives an application to conduct a demonstration project under this
section and does not disapprove the application within 90 days after the
receipt, then--
[<-Struck out]
[Struck out->] (i) the administering Secretary is deemed to
have approved the application for such period as is requested in the
application, except to the extent inconsistent with subsection (e); and
[<-Struck out]
[Struck out->] (ii) any waiver requested in the application
which applies to a qualified program that is identified in the
application and is administered by the administering Secretary is deemed
to be granted, except to the extent inconsistent with paragraph (2) or
(4) of this subsection.
[<-Struck out]
[Struck out->] (B) DEADLINE EXTENDED IF ADDITIONAL
INFORMATION IS SOUGHT- The 90-day period referred to in subparagraph (A)
shall not include any period that begins with the date the Secretary
requests the applicant to provide additional information with respect to
the application and ends with the date the additional information is
provided.
[<-Struck out]
[Struck out->] (e) DURATION OF PROJECTS- A demonstration project
under this section may be approved for a term of not more than 5 years.
[<-Struck out]
[Struck out->] (f) REPORTS TO CONGRESS-
[<-Struck
out]
[Struck out->] (1) REPORT ON DISPOSITION OF APPLICATIONS-
Within 90 days after an administering Secretary receives an application
submitted pursuant to this section, the administering Secretary shall submit
to each Committee of the Congress which has jurisdiction over a qualified
program identified in the application notice of the receipt, a description
of the decision of the administering Secretary with respect to the
application, and the reasons for approving or disapproving the application.
[<-Struck out]
[Struck out->] (2) REPORTS ON PROJECTS- Each administering
Secretary shall provide annually to the Congress a report concerning
demonstration projects approved under this section, including--
[<-Struck out]
[Struck out->] (A) the projects approved for each applicant;
[<-Struck out]
[Struck out->] (B) the number of waivers granted under this
section, and the specific statutory provisions waived;
[<-Struck
out]
[Struck out->] (C) how well each project for which a waiver
is granted is improving or enhancing program achievement from the
standpoint of quality, cost-effectiveness, or both;
[<-Struck
out]
[Struck out->] (D) how well each project for which a waiver
is granted is meeting the performance objectives specified in subsection
(c)(3)(B);
[<-Struck out]
[Struck out->] (E) how each project for which a waiver is
granted is conforming with the cost-neutrality requirements of subsection
(d)(4); and
[<-Struck out]
[Struck out->] (F) to the extent the administering Secretary
deems appropriate, recommendations for modification of programs based on
outcomes of the projects.
[<-Struck out]
[Struck out->] (g) AMENDMENT TO UNITED STATES HOUSING ACT OF
1937- Section 5A(d) of the United States Housing Act of 1937 (42 U.S.C.
1437c-1(d)) is amended--
[<-Struck out]
[Struck out->] (1) by redesignating paragraph (18) as paragraph
(19); and
[<-Struck out]
[Struck out->] (2) by inserting after paragraph (17) the
following new paragraph:
[<-Struck out]
[Struck out->] `(18) PROGRAM COORDINATION DEMONSTRATION
PROJECTS- In the case of an agency that administers an activity referred to
in section 701(b)(2)(H) of the Personal Responsibility, Work, and Family
Promotion Act of 2002 that, during such fiscal year, will be included in a
demonstration project under section 701 of such Act, the information that is
required to be included in the application for the project pursuant to
paragraphs (1) through (4) of section 701(b) of such Act.'.
[<-Struck out]
[Struck out->] SEC. 702. STATE FOOD ASSISTANCE BLOCK GRANT
DEMONSTRATION PROJECT.
[<-Struck out]
[Struck out->] The Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.)
is amended by adding at the end the following:
[<-Struck out]
[Struck out->] `SEC. 28. STATE FOOD ASSISTANCE BLOCK GRANT
DEMONSTRATION PROJECT.
[<-Struck out]
[Struck out->] `(a) ESTABLISHMENT- The Secretary shall establish
a program to make grants to States in accordance with this section to
provide--
[<-Struck out]
[Struck out->] `(1) food assistance to needy individuals and
families residing in the State;
[<-Struck out]
[Struck out->] `(2) funds to operate an employment and training
program under subsection (g) for needy individuals under the program; and
[<-Struck out]
[Struck out->] `(3) funds for administrative costs incurred in
providing the assistance.
[<-Struck out]
[Struck out->] `(b) ELECTION-
[<-Struck out]
[Struck out->] `(1) IN GENERAL- A State may elect to
participate in the program established under subsection (a).
[<-Struck out]
[Struck out->] `(2) ELECTION REVOCABLE- A State that elects to
participate in the program established under subsection (a) may subsequently
reverse the election of the State only once thereafter. Following the
reversal, the State shall only be eligible to participate in the food stamp
program in accordance with the other sections of this Act and shall not
receive a block grant under this section.
[<-Struck out]
[Struck out->] `(3) PROGRAM EXCLUSIVE- A State that is
participating in the program established under subsection (a) shall not be
subject to, or receive any benefit under, this Act except as provided in
this section.
[<-Struck out]
[Struck out->] `(c) LEAD AGENCY-
[<-Struck out]
[Struck out->] `(1) DESIGNATION- A State desiring to
participate in the program established under subsection (a) shall designate,
in an application submitted to the Secretary under subsection (d)(1), an
appropriate State agency that complies with paragraph (2) to act as the lead
agency for the State.
[<-Struck out]
[Struck out->] `(2) DUTIES- The lead agency shall--
[<-Struck out]
[Struck out->] `(A) administer, either directly, through
other State agencies, or through local agencies, the assistance received
under this section by the State;
[<-Struck out]
[Struck out->] `(B) develop the State plan to be submitted to
the Secretary under subsection (d)(1); and
[<-Struck
out]
[Struck out->] `(C) coordinate the provision of food
assistance under this section with other Federal, State, and local
programs.
[<-Struck out]
[Struck out->] `(d) APPLICATION AND PLAN-
[<-Struck
out]
[Struck out->] `(1) APPLICATION- To be eligible to receive
assistance under this section, a State shall prepare and submit to the
Secretary an application at such time, in such manner, and containing such
information as the Secretary shall by regulation require, including--
[<-Struck out]
[Struck out->] `(A) an assurance that the State will comply
with the requirements of this section;
[<-Struck out]
[Struck out->] `(B) a State plan that meets the requirements
of paragraph (2); and
[<-Struck out]
[Struck out->] `(C) an assurance that the State will comply
with the requirements of the State plan under paragraph (2).
[<-Struck out]
[Struck out->] `(2) REQUIREMENTS OF PLAN-
[<-Struck
out]
[Struck out->] `(A) LEAD AGENCY- The State plan shall
identify the lead agency.
[<-Struck out]
[Struck out->] `(B) USE OF BLOCK GRANT FUNDS- The State plan
shall provide that the State shall use the amounts provided to the State
for each fiscal year under this section--
[<-Struck
out]
[Struck out->] `(i) to provide food assistance to needy
individuals and families residing in the State, other than residents of
institutions who are ineligible for food stamps under section 3(i);
[<-Struck out]
[Struck out->] `(ii) to administer an employment and
training program under subsection (g) for needy individuals under the
program and to provide reimbursements to needy individuals and families
as would be allowed under section 16(h)(3); and
[<-Struck
out]
[Struck out->] `(iii) to pay administrative costs incurred
in providing the assistance.
[<-Struck out]
[Struck out->] `(C) ASSISTANCE FOR ENTIRE STATE- The State
plan shall provide that benefits under this section shall be available
throughout the entire State.
[<-Struck out]
[Struck out->] `(D) NOTICE AND HEARINGS- The State plan shall
provide that an individual or family who applies for, or receives,
assistance under this section shall be provided with notice of, and an
opportunity for a hearing on, any action under this section that adversely
affects the individual or family.
[<-Struck out]
[Struck out->] `(E) OTHER ASSISTANCE-
[<-Struck
out]
[Struck out->] `(i) COORDINATION- The State plan may
coordinate assistance received under this section with assistance
provided under the State program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.).
[<-Struck
out]
[Struck out->] `(ii) PENALTIES- If an individual or family
is penalized for violating part A of title IV of the Act, the State plan
may reduce the amount of assistance provided under this section or
otherwise penalize the individual or family.
[<-Struck
out]
[Struck out->] `(F) ELIGIBILITY LIMITATIONS- The State plan
shall describe the income and resource eligibility limitations that are
established for the receipt of assistance under this section.
[<-Struck out]
[Struck out->] `(G) RECEIVING BENEFITS IN MORE THAN 1
JURISDICTION- The State plan shall establish a system to verify and
otherwise ensure that no individual or family shall receive benefits under
this section in more than 1 jurisdiction within the State.
[<-Struck out]
[Struck out->] `(H) PRIVACY- The State plan shall provide for
safeguarding and restricting the use and disclosure of information about
any individual or family receiving assistance under this section.
[<-Struck out]
[Struck out->] `(I) OTHER INFORMATION- The State plan shall
contain such other information as may be required by the Secretary.
[<-Struck out]
[Struck out->] `(3) APPROVAL OF APPLICATION AND PLAN- During
fiscal years 2003 through 2007, the Secretary may approve the applications
and State plans that satisfy the requirements of this section of not more
than 5 States for a term of not more than 5 years.
[<-Struck
out]
[Struck out->] `(e) CONSTRUCTION OF FACILITIES- No funds made
available under this section shall be expended for the purchase or improvement
of land, or for the purchase, construction, or permanent improvement of any
building or facility.
[<-Struck out]
[Struck out->] `(f) BENEFITS FOR ALIENS- No individual shall be
eligible to receive benefits under a State plan approved under subsection
(d)(3) if the individual is not eligible to participate in the food stamp
program under title IV of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1601 et seq.).
[<-Struck
out]
[Struck out->] `(g) EMPLOYMENT AND TRAINING- Each State shall
implement an employment and training program for needy individuals under the
program.
[<-Struck out]
[Struck out->] `(h) ENFORCEMENT-
[<-Struck out]
[Struck out->] `(1) REVIEW OF COMPLIANCE WITH STATE PLAN- The
Secretary shall review and monitor State compliance with this section and
the State plan approved under subsection (d)(3).
[<-Struck
out]
[Struck out->] `(2) NONCOMPLIANCE-
[<-Struck
out]
[Struck out->] `(A) IN GENERAL- If the Secretary, after
reasonable notice to a State and opportunity for a hearing, finds that--
[<-Struck out]
[Struck out->] `(i) there has been a failure by the State
to comply substantially with any provision or requirement set forth in
the State plan approved under subsection (d)(3); or
[<-Struck
out]
[Struck out->] `(ii) in the operation of any program or
activity for which assistance is provided under this section, there is a
failure by the State to comply substantially with any provision of this
section, the Secretary shall notify the State of the finding and that no
further payments will be made to the State under this section (or, in
the case of noncompliance in the operation of a program or activity,
that no further payments to the State will be made with respect to the
program or activity) until the Secretary is satisfied that there is no
longer any failure to comply or that the noncompliance will be promptly
corrected.
[<-Struck out]
[Struck out->] `(B) OTHER SANCTIONS- In the case of a finding
of noncompliance made pursuant to subparagraph (A), the Secretary may, in
addition to, or in lieu of, imposing the sanctions described in
subparagraph (A), impose other appropriate sanctions, including recoupment
of money improperly expended for purposes prohibited or not authorized by
this section and disqualification from the receipt of financial assistance
under this section.
[<-Struck out]
[Struck out->] `(C) NOTICE- The notice required under
subparagraph (A) shall include a specific identification of any additional
sanction being imposed under subparagraph (B).
[<-Struck
out]
[Struck out->] `(3) ISSUANCE OF REGULATIONS - The Secretary
shall establish by regulation procedures for--
[<-Struck
out]
[Struck out->] `(A) receiving, processing, and determining
the validity of complaints concerning any failure of a State to comply
with the State plan or any requirement of this section; and
[<-Struck out]
[Struck out->] `(B) imposing sanctions under this section.
[<-Struck out]
[Struck out->] `(i) PAYMENTS-
[<-Struck out]
[Struck out->] `(1) IN GENERAL- For each fiscal year, the
Secretary shall pay to a State that has an application approved by the
Secretary under subsection (d)(3) an amount that is equal to the allotment
of the State under subsection (l)(2) for the fiscal year.
[<-Struck out]
[Struck out->] `(2) METHOD OF PAYMENT- The Secretary shall make
payments to a State for a fiscal year under this section by issuing 1 or
more letters of credit for the fiscal year, with necessary adjustments on
account of overpayments or underpayments, as determined by the Secretary.
[<-Struck out]
[Struck out->] `(3) SPENDING OF FUNDS BY STATE-
[<-Struck out]
[Struck out->] `(A) IN GENERAL- Except as provided in
subparagraph (B), payments to a State from an allotment under subsection
(l)(2) for a fiscal year may be expended by the State only in the fiscal
year.
[<-Struck out]
[Struck out->] `(B) CARRYOVER- The State may reserve up to 10
percent of an allotment under subsection (l)(2) for a fiscal year to
provide assistance under this section in subsequent fiscal years, except
that the reserved funds may not exceed 30 percent of the total allotment
received under this section for a fiscal year.
[<-Struck
out]
[Struck out->] `(4) PROVISION OF FOOD ASSISTANCE- A State may
provide food assistance under this section in any manner determined
appropriate by the State to provide food assistance to needy individuals and
families in the State, such as electronic benefits transfer limited to food
purchases, coupons limited to food purchases, or direct provision of
commodities.
[<-Struck out]
[Struck out->] `(5) DEFINITION OF FOOD ASSISTANCE- In this
section, the term `food assistance' means assistance that may be used only
to obtain food, as defined in section 3(g).
[<-Struck out]
[Struck out->] `(j) AUDITS-
[<-Struck out]
[Struck out->] `(1) REQUIREMENT- After the close of each fiscal
year, a State shall arrange for an audit of the expenditures of the State
during the program period from amounts received under this section.
[<-Struck out]
[Struck out->] `(2) INDEPENDENT AUDITOR- An audit under this
section shall be conducted by an entity that is independent of any agency
administering activities that receive assistance under this section and be
in accordance with generally accepted auditing principles.
[<-Struck out]
[Struck out->] `(3) PAYMENT ACCURACY- Each annual audit under
this section shall include an audit of payment accuracy under this section
that shall be based on a statistically valid sample of the caseload in the
State.
[<-Struck out]
[Struck out->] `(4) SUBMISSION- Not later than 30 days after
the completion of an audit under this section, the State shall submit a copy
of the audit to the legislature of the State and to the Secretary.
[<-Struck out]
[Struck out->] `(5) REPAYMENT OF AMOUNTS- Each State shall
repay to the United States any amounts determined through an audit under
this section to have not been expended in accordance with this section or to
have not been expended in accordance with the State plan, or the Secretary
may offset the amounts against any other amount paid to the State under this
section.
[<-Struck out]
[Struck out->] `(k) NONDISCRIMINATION-
[<-Struck
out]
[Struck out->] `(1) IN GENERAL- The Secretary shall not provide
financial assistance for any program, project, or activity under this
section if any person with responsibilities for the operation of the
program, project, or activity discriminates with respect to the program,
project, or activity because of race, religion, color, national origin, sex,
or disability.
[<-Struck out]
[Struck out->] `(2) ENFORCEMENT- The powers, remedies, and
procedures set forth in title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.) may be used by the Secretary to enforce paragraph (1).
[<-Struck out]
[Struck out->] `(l) ALLOTMENTS-
[<-Struck out]
[Struck out->] `(1) DEFINITION OF STATE- In this section, the
term 'State' means each of the 50 States, the District of Columbia, Guam,
and the Virgin Islands of the United States.
[<-Struck out]
[Struck out->] `(2) STATE ALLOTMENT-
[<-Struck
out]
[Struck out->] `(A) IN GENERAL- Except as provided in
subparagraph (B), from the amounts made available under section 18 of this
Act for each fiscal year, the Secretary shall allot to each State
participating in the program established under subsection (a) an amount
that is equal to the sum of--
[<-Struck out]
[Struck out->] `(i) the greater of, as determined by the
Secretary--
[<-Struck out]
[Struck out->] `(I) the total dollar value of all
benefits issued under the food stamp program established under this
Act by the State during fiscal year 2002; or
[<-Struck
out]
[Struck out->] `(II) the average per fiscal year of the
total dollar value of all benefits issued under the food stamp program
by the State during each of fiscal years 2000 through 2002; and
[<-Struck out]
[Struck out->] `(ii) the greater of, as determined by the
Secretary--
[<-Struck out]
[Struck out->] `(I) the total amount received by the
State for administrative costs and the employment and training program
under subsections (a) and (h), respectively, of section 16 of this Act
for fiscal year 2002; or
[<-Struck out]
[Struck out->] `(II) the average per fiscal year of the
total amount received by the State for administrative costs and the
employment and training program under subsections (a) and (h),
respectively, of section 16 of this Act for each of fiscal years 2000
through 2002.
[<-Struck out]
[Struck out->] `(B) INSUFFICIENT FUNDS- If the Secretary
finds that the total amount of allotments to which States would otherwise
be entitled for a fiscal year under subparagraph (A) will exceed the
amount of funds that will be made available to provide the allotments for
the fiscal year, the Secretary shall reduce the allotments made to States
under this subsection, on a pro rata basis, to the extent necessary to
allot under this subsection a total amount that is equal to the funds that
will be made available.'.
[<-Struck out]
[Struck out->] TITLE VIII--ABSTINENCE EDUCATION
[<-Struck out]
[Struck out->] SEC. 801. EXTENSION OF ABSTINENCE EDUCATION FUNDING
UNDER MATERNAL AND CHILD HEALTH PROGRAM.
[<-Struck out]
[Struck out->] Section 510(d) (42 U.S.C. 710(d)) is amended by
striking `2002' and inserting `2007'.
[<-Struck out]
[Struck out->] TITLE IX--TRANSITIONAL MEDICAL ASSISTANCE
[<-Struck out]
[Struck out->] SEC. 901. ONE-YEAR REAUTHORIZATION OF TRANSITIONAL
MEDICAL ASSISTANCE.
[<-Struck out]
[Struck out->] (a) IN GENERAL- Section 1925(f) (42 U.S.C.
1396r-6(f)) is amended by striking `2002' and inserting `2003'.
[<-Struck out]
[Struck out->] (b) CONFORMING AMENDMENT- Section 1902(e)(1)(B)
(42 U.S.C. 1396a(e)(1)(B)) is amended by striking `2002' and inserting `2003'.
[<-Struck out]
[Struck out->] SEC. 902. ADJUSTMENT TO PAYMENTS FOR MEDICAID
ADMINISTRATIVE COSTS TO PREVENT DUPLICATIVE PAYMENTS AND TO FUND A 1-YEAR
EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE.
[<-Struck out]
[Struck out->] Section 1903 (42 U.S.C. 1396b) is amended--
[<-Struck out]
[Struck out->] (1) in subsection (a)(7), by striking `section
1919(g)(3)(B)' and inserting `subsection (x) and section 1919(g)(3)(C)'; and
[<-Struck out]
[Struck out->] (2) by adding at the end the following:
[<-Struck out]
[Struck out->] `(x) ADJUSTMENTS TO PAYMENTS FOR ADMINISTRATIVE
COSTS TO FUND 1-YEAR EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE-
[<-Struck out]
[Struck out->] `(1) REDUCTIONS IN PAYMENTS FOR ADMINISTRATIVE
COSTS- Effective for each calendar quarter in fiscal year 2003 and fiscal
year 2004, the Secretary shall reduce the amount paid under subsection
(a)(7) to each State by an amount equal to 50 percent for fiscal year 2003,
and 75 percent for fiscal year 2004, of one-quarter of the annualized amount
determined for the medicaid program under section 16(k)(2)(B) of the Food
Stamp Act of 1977 (7 U.S.C. 2025(k)(2)(B)).
[<-Struck out]
[Struck out->] `(2) ALLOCATION OF ADMINISTRATIVE COSTS- None of
the funds or expenditures described in section 16(k)(5)(B) of the Food Stamp
Act of 1977 (7 U.S.C. 2025(k)(5)(B)) may be used to pay for costs--
[<-Struck out]
[Struck out->] `(A) eligible for reimbursement under
subsection (a)(7) (or costs that would have been eligible for
reimbursement but for this subsection); and
[<-Struck
out]
[Struck out->] `(B) allocated for reimbursement to the
program under this title under a plan submitted by a State to the
Secretary to allocate administrative costs for public assistance programs;
[<-Struck out]
[Struck out->] except that, for purposes of subparagraph (A),
the reference in clause (iii) of that section to `subsection (a)' is deemed
a reference to subsection (a)(7) and clause (iv)(II) of that section shall
be applied as if `medicaid program' were substituted for `food stamp
program'.'.
[<-Struck out]
[Struck out->] TITLE X--EFFECTIVE DATE
[<-Struck
out]
[Struck out->] SEC. 1001. EFFECTIVE DATE.
[<-Struck
out]
[Struck out->] (a) IN GENERAL- Except as otherwise provided, the
amendments made by this Act shall take effect on October 1, 2002.
[<-Struck out]
[Struck out->] (b) EXCEPTION- In the case of a State plan under
part A or D of title IV of the Social Security Act which the Secretary
determines requires State legislation in order for the plan to meet the
additional requirements imposed by the amendments made by this Act, the
effective date of the amendments imposing the additional requirements shall be
3 months after 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 the enactment of this Act. For purposes of the preceding sentence,
in the case of a State that has a 2-year legislative session, each year of the
session shall be considered to be a separate regular session of the State
legislature.
[<-Struck out]
SECTION 1. SHORT TITLE.
This Act may be cited as the `Work, Opportunity, and Responsibility
for Kids Act of 2002' or the `WORK Act of 2002'.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 2. Table of contents.
TITLE I--FUNDING
Sec. 101. Reauthorization of State family assistance
grants.
Sec. 102. Contingency fund.
Sec. 104. State option to assist legal immigrant
families.
Sec. 106. Definition of assistance.
Sec. 107. Maintenance of effort.
Sec. 108. Funding for families assisted by a territory
program.
Sec. 109. Repeal of Federal loan fund for State welfare
programs.
Sec. 110. Social Services Block Grant.
Sec. 111. Technical corrections.
TITLE II--WORK
Sec. 201. Universal engagement.
Sec. 202. Work participation requirements.
TITLE III--FAMILY PROMOTION AND SUPPORT
Sec. 301. Healthy marriage promotion grants.
Sec. 302. Abstinence education.
Sec. 303. Teen pregnancy prevention resource center.
Sec. 304. Responsible fatherhood.
Sec. 305. Second chance homes.
TITLE IV--HEALTH COVERAGE
Sec. 401. 5-year extension and simplification of the transitional
medical assistance program (TMA).
Sec. 402. Optional coverage of legal immigrants under the medicaid
program and title XXI.
Sec. 403. Clarification of authority of States and local authorities
to provide health care to immigrants.
Sec. 404. Clarification of no verification requirement for nonprofit
charitable organizations.
TITLE V--CHILD SUPPORT AND CHILD WELFARE
Sec. 501. Distribution of child support collected by
States.
Sec. 502. Mandatory review and adjustment of child support orders
for families receiving TANF.
Sec. 503. Decrease in amount of child support arrearage triggering
passport denial.
Sec. 504. Use of tax refund intercept program to collect past-due
child support on behalf of children who are not minors.
Sec. 505. Financing review and administrative funding.
Sec. 506. Adoption of uniform State laws.
Sec. 507. Tribal child support enforcement programs.
Sec. 508. Report on undistributed child support payments.
Sec. 509. Use of new hire information to assist in administration of
unemployment compensation programs.
Sec. 510. Annual report on performance of State child support
programs.
Sec. 511. Extension of authority to approve demonstration
projects.
Sec. 512. Prohibition of limit on number of demonstration projects
or waivers that may be granted to a single State.
TITLE VI--TRIBAL ISSUES
Sec. 601. Tribal TANF programs.
Sec. 602. Authority of Indian tribes to receive Federal funds for
foster care and adoption assistance.
TITLE VII--INNOVATION, FLEXIBILITY, AND ACCOUNTABILITY
Sec. 701. Data collection; performance measures.
Sec. 704. Innovative business link partnership grants for employers
and nonprofit organizations.
Sec. 705. Grants to improve access to transportation.
Sec. 706. At-home infant care.
Sec. 707. Grants to conduct demonstration projects on housing with
services for families with multiple barriers to work.
Sec. 708. Transitional compliance for teen parents.
Sec. 709. TANF programs mandatory partners with one-stop employment
training centers; State opt-out.
Sec. 710. Advanced planning document process for information
management systems procurement approval.
Sec. 712. Antidiscrimination.
TITLE VIII--OTHER PROVISIONS
Sec. 801. Review of State agency blindness and disability
determinations.
Sec. 802. Customs user fees.
TITLE IX--EFFECTIVE DATE
Sec. 901. Effective date.
SEC. 3. REFERENCES.
Except as otherwise expressly provided, wherever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the amendment or repeal shall be considered to be
made to a section or other provision of the Social Security Act.
SEC. 4. FINDINGS.
Congress makes the following findings:
(1) The Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (Public Law 104-193; 110 Stat. 2105) was a fundamental change to
reform the Federal welfare system to shift it from an entitlement program
into a transition program to help families move from welfare to work and
personal responsibility.
(2) Since enactment of the 1996 welfare reform law, welfare cash
assistance caseloads have dropped dramatically, by approximately 50 percent,
and approximately 2/3 of welfare recipients who have left the cash
assistance rolls have left for work.
(3) Another sign of reform and progress is that funding has shifted
from providing monthly cash assistance for parents to stay at home to over
1/2 of the funding targeted to pay for work supports, such as child care,
transportation, job placement, limited job training, and services to prevent
welfare dependency.
(4) More investments in quality child care will allow parents to
enter and continue in the workforce knowing that their children have access
to safe, meaningful child care, hopefully with emphasis on child development
and preparation to ensure that each child gains the skills needed to enter
school ready to learn.
(5) While families are moving from welfare to work, and employment
rates are up, many families struggle in low-wage jobs and have trouble
getting promised supports such as medicaid, child care, food stamps, and
other supports available under programs intended to help
families.
(6) Child poverty rates in the United States are improving but they
could be lower and they remain high when compared to the rates of other
developed countries. More must be done to reduce child poverty in our
Nation.
(7) Many parents who remain on the welfare caseloads face multiple
barriers to employment and therefore need a range of services to address
their needs and move from welfare to work.
(8) States should have plans for each family receiving assistance to
guide the family to self-sufficiency and to consider the well-being of the
children in the family. While work participation levels have increased for
recipients since 1996, those levels should be higher.
(9) Children deserve to be raised in supportive homes, preferably
with 2 loving parents. It is crucial to end policies that discriminate
against serving 2-parent families within the welfare system. It is also
important to support innovative programs to encourage full participation in
child support and child rearing by noncustodial parents.
(10) Welfare reform has been successful because it has been a
flexible partnership between the Federal Government and the States, and
retaining the partnership and flexibility will be important for future
progress.
(11) The State and local agencies responsible for administering the
temporary assistance to needy families program have had to assume many new
and more complex responsibilities which necessitates improving and upgrading
the skills and ability of the workers at those agencies to ensure high
quality service delivery and meet all program goals, including reducing high
staff turnover rates for such agencies and staff-to-participant
ratios.
(12) Studies have indicated disparate racial treatment in the
implementation of the temporary assistance to needy families program with
respect to determining eligibility for assistance under the program,
disseminating information, providing referral for services, and imposing
sanctions for noncompliance with program requirements.
TITLE I--FUNDING
SEC. 101. REAUTHORIZATION OF STATE FAMILY ASSISTANCE GRANTS.
Section 403(a)(1) is amended (42 U.S.C. 603(a)(1))--
(1) in subparagraph (A), by striking `1996' and all that follows
through `2002' and inserting `2003 through 2007';
(2) in subparagraph (B), by striking `As used' and inserting
`Subject to subparagraph (E), as used';
(3) by redesignating subparagraph (E) as subparagraph
(F);
(4) by inserting after subparagraph (D) the following:
`(E) INCREASE OF GRANT FOR CERTAIN STATES-
`(i) IN GENERAL- With respect to a State family assistance grant
made for each of fiscal years 2003 through 2007, in the case of a State
that meets the criteria described in clause (ii) or (iii) (or both), the
amount of the State family assistance grant determined under this
paragraph for that State for each such fiscal year shall be increased by
the applicable amount described in clause (iv).
`(ii) RECEIPT OF SUPPLEMENTAL GRANT FOR FISCAL YEAR 2002- For
purposes of clause (i), the criteria described in this clause is that
the State received a supplemental grant under paragraph (3) for fiscal
year 2002 (as in effect with respect to such fiscal
year).
`(iii) STATE PER CAPITA INCOME BELOW THE NATIONAL AVERAGE- For
purposes of clause (i), the criteria described in this clause is that,
with respect to a State, the average State per capita income for
calendar years 1998, 1999, and 2000, as published by the Department of
Commerce in the May 2002 Survey of Current Business--
`(I) exceeds 80 percent, but does not exceed 90 percent of the
average per capita income determined for all States for such calendar
years; or
`(II) does not exceed 80 percent of the average per capita
income determined for all States for such calendar
years.
`(iv) APPLICABLE AMOUNT- For purposes of clause (i), the
applicable amount described in this clause is the
following:
`(I) STATE WITH A SUPPLEMENTAL GRANT IN FISCAL YEAR 2002- In
the case of a State that meets the criteria described in clause (ii),
the amount paid to the State under paragraph (3) for fiscal year 2002
(as in effect with respect to such fiscal year).
`(II) STATE WITH PER CAPITA INCOME BELOW NATIONAL AVERAGE- In
the case of a State that meets the criteria described
in--
`(aa) clause (iii)(I), the amount equal to 5 percent of the State
family assistance grant determined for the State for fiscal year 2003 (without
regard to this subparagraph, in the case of a State that meets the criteria in
clause (ii)); or
`(bb) clause (iii)(II), the amount equal to 10 percent of the
State family assistance grant determined for the State for fiscal year 2003 (as
so determined).
`(III) STATE DESCRIBED IN CLAUSES (II) AND (III)- In the case
of a State that meets the criteria described in clauses (ii) and
(iii), the amount equal to the sum of the amounts determined under
subclauses (I) and (II) with respect to the State.
`(v) DEFINITION OF STATE- In this subparagraph, the term `State'
means each of the 50 States and the District of Columbia.';
and
(5) in subparagraph (F), as redesignated by paragraph (3), by
striking `for fiscal years' and all that follows through the period and
inserting `for State family assistance grants under this
paragraph--
`(i) for fiscal year 2003, $17,044,348,000; and
`(ii) for each of fiscal years 2004 through 2007,
$17,042,348,000.'.
SEC. 102. CONTINGENCY FUND.
(a) CONTINGENCY FUNDING AVAILABLE TO NEEDY STATES- Section 403(b) (42
U.S.C. 603(b)) is amended--
(1) by striking paragraphs (1) through (3) and inserting the
following:
`(1) CONTINGENCY FUND GRANTS-
`(A) PAYMENTS- Subject to subparagraph (C), and out of funds
appropriated under subparagraph (E), each State shall receive a
contingency fund grant for each eligible month in which the State is a
needy State under paragraph (3).
`(B) MONTHLY CONTINGENCY FUND GRANT AMOUNT- For each eligible
month in which a State is a needy State, the State shall receive a
contingency fund grant equal to the higher of $0 and the applicable
percentage (as defined in subparagraph (D)(i)) of the product
of--
`(i) the applicable benefit level (as defined in subparagraph
(D)(ii)); and
`(ii) the adjusted increase in the number of families receiving
assistance under the State program funded under this part and all
programs funded with qualified State expenditures (as defined in
subparagraph (D)(iii)).
`(C) LIMITATION- The total amount paid to a single State under
subparagraph (A) during a fiscal year shall not exceed the amount equal to
10 percent of the State family assistance grant (as defined under
subparagraph (B) of subsection (a)(1) and increased under subparagraph (E)
of that subsection).
`(D) DEFINITIONS- In this paragraph:
`(i) APPLICABLE PERCENTAGE- The term `applicable percentage'
means the higher of--
`(II) the Federal medical assistance percentage for the State
(as defined in section 1905(b)).
`(ii) APPLICABLE BENEFIT LEVEL-
`(I) IN GENERAL- Subject to subclause (II), the term
`applicable benefit level' means the amount equal to the maximum cash
assistance grant for a family consisting of 3 individuals under the
State program funded under this part.
`(II) RULE FOR STATES WITH MORE THAN 1 MAXIMUM LEVEL- In the
case of a State that has more than 1 maximum cash assistance grant
level for families consisting of 3 individuals, the basic assistance
cost shall be the amount equal to the maximum cash assistance grant
level applicable to the largest number of families consisting of 3
individuals receiving assistance under the State program funded under
this part and all programs funded with qualified State expenditures
(as defined in section 409(a)(7)(B)(i)).
`(iii) ADJUSTED INCREASE IN THE NUMBER OF FAMILIES RECEIVING
ASSISTANCE UNDER THE STATE PROGRAM FUNDED UNDER THIS PART AND ALL
PROGRAMS FUNDED WITH QUALIFIED STATE EXPENDITURES- The term `adjusted
increase in the number of families receiving assistance under the State
program funded under this part and all programs funded with qualified
State expenditures' means the increase in--
`(I) the unduplicated number of families receiving assistance
under the State program funded under this part and all programs funded
with qualified State expenditures (as defined in section
409(a)(7)(B)(i)) in the most recent month for which data from the
State are available; as compared to
`(aa) the lower of the average monthly number of families
receiving such assistance in either of the 2 completed fiscal years immediately
preceding the fiscal year in which the State initially qualifies as a needy
State; and
`(bb) 1.04.
`(E) APPROPRIATION- Out of any money in the Treasury of the United
States not otherwise appropriated, there is appropriated for the period of
fiscal years 2003 through 2007, such sums as are necessary for making
contingency fund grants under this subsection in a total amount not to
exceed $2,000,000,000.';
(2) by redesignating paragraph (4) as paragraph (2); and
(3) in paragraph (2), as so redesignated--
(A) by striking `(3)(A)' and inserting `(1)'; and
(B) by striking `2-month period that begins with any' and
inserting `fiscal year quarter that includes a'.
(b) MODIFICATION OF DEFINITION OF NEEDY STATE- Section 403(b), as
amended by subsection (a), (42 U.S.C. 603(b)) is further amended--
(1) by striking paragraphs (5) and (6);
(2) by redesignating paragraphs (7) and (8) as paragraphs (5) and
(6), respectively; and
(3) by inserting after paragraph (2) (as redesignated by subsection
(a)(2)) the following:
`(3) INITIAL DETERMINATION OF WHETHER A STATE QUALIFIES AS A NEEDY
STATE-
`(A) IN GENERAL- For purposes of paragraph (1), a State will be
initially determined to be a needy State for a month if the State
satisfies any of the following:
`(I) average rate of total unemployment in the State for the
period consisting of the most recent 3 months for which data are
available has increased by the lesser of 1.5 percentage points or by
50 percent over the corresponding 3-month period in either of the 2
most recent preceding fiscal years; or
`(II) average insured unemployment rate for the most recent 3
months for which data are available has increased by 1 percentage
point over the corresponding 3-month period in either of the 2 most
recent preceding fiscal years.
`(ii) As determined by the Secretary of Agriculture, the monthly
average number of households (as of the last day of each month) that
participated in the food stamp program in the State in the then most
recently concluded 3-month period for which data are available exceeds
by at least 10 percent the monthly average number of households (as of
the last day of each month) in the State that participated in the food
stamp program in the corresponding 3-month period in either of the 2
most recent preceding fiscal years, but only if the Secretary of
Agriculture makes a determination that the State's increased caseload
was due, in large measure, to economic conditions rather than changes in
Federal or State policies related to the food stamp
program.
`(iii) As determined by the Secretary, the monthly average of
the unduplicated number of families that received assistance under the
State program funded under this part and all programs funded with
qualified State expenditures (as defined in section 409(a)(7)(B)(i)) in
the most recently concluded 3-month period for which data are available
from the State increased by at least 10 percent over the number of such
families that received such benefits in the corresponding 3-month period
in either of the 2 most recent preceding fiscal years, but only if the
Secretary makes a determination that the State's increased caseload was
due, in large measure, to economic conditions rather than State policy
changes.
`(i) IN GENERAL- A State that qualifies as a needy
State--
`(I) under subparagraph (A)(i), shall be considered a needy
State until either the State's (seasonally adjusted) total
unemployment rate or (seasonally adjusted) insured unemployment rate,
whichever rate was used to meet the definition as a needy State under
that subparagraph for the most recently concluded 3-month period for
which data are available, falls below the level attained in the
3-month period that was used to first determine that the State
qualified as a needy State under that
subparagraph;
`(II) under subparagraph (A)(ii), shall be considered a needy
State until the average monthly number of households participating in
the food stamp program for the most recently concluded 3-month period
for which data are available nationally falls below the food stamp
base period level; and
`(III) under subparagraph (A)(iii), shall be considered a
needy State until the unduplicated number of families receiving
assistance under the State program funded under this part and all
programs funded with qualified State expenditures (as defined in
section 409(a)(7)(B)(i)) for the most recently concluded 3-month
period for which data are available falls below the TANF base period
level.
`(ii) SEASONAL VARIATIONS-
`(I) IN GENERAL- Subject to subclause (II), notwithstanding
subclauses (II) and (III) of clause (i), a State shall be considered a
needy State--
`(aa) under subparagraph (A)(ii), if with respect to the State,
the monthly average number of households participating in the food stamp program
for the most recent 3-month period for which data are available nationally falls
below the food stamp base period level and the Secretary determines that this is
due to expected seasonal variations in food stamp receipt in the State;
and
`(bb) under subparagraph (A)(iii), if, with respect to a State,
the monthly average of the number of unduplicated families receiving assistance
under the State program funded under this part and all programs funded with
qualified State expenditures (as defined in section 409(a)(7)(B)(i)) for the
most recently concluded 3-month period for which data are available nationally
falls below the TANF base period level and the Secretary determines that this is
due to expected seasonal variations in assistance receipt in the
State.
`(II) LIMITATIONS- A State shall not be considered a needy
State pursuant to--
`(aa) item (aa) of subclause (I), unless the Secretary of
Agriculture determines that the number of households receiving food stamps
remained at elevated levels largely due to economic factors; and
`(bb) item (bb) of subclause (II), unless the Secretary
determines that the unduplicated number of families receiving assistance under
the State program funded under this part and all programs funded with qualified
State expenditures (as defined in section 409(a)(7)(B)(i)) remained at elevated
levels largely due to economic factors.
`(iii) FOOD STAMP BASE PERIOD LEVEL- In this subparagraph, the
term `food stamp base period level' means the monthly average number of
households participating in the food stamp program that corresponds to
the most recent 3-month period for which data are available at the time
when the State first was determined to be a needy State under this
paragraph.
`(iv) TANF BASE PERIOD LEVEL- In this subparagraph, the term
`TANF base period level' means the monthly average of the unduplicated
number of families receiving assistance under the State program funded
under this part and all programs funded with qualified State
expenditures (as defined in section 409(a)(7)(B)(i)) that corresponds to
the most recent 3 months for which data are available at the time when
the State first was determined to be a needy State under this
paragraph.
`(A) UNEXPENDED BALANCES-
`(i) IN GENERAL- Notwithstanding paragraph (3), a State that has
unexpended TANF balances in an amount that exceeds 30 percent of the
total amount of grants received by the State under subsection (a) for
the most recently completed fiscal year (other than welfare-to-work
grants made under paragraph (5) of that subsection prior to fiscal year
2000), shall not be a needy State under this
subsection.
`(ii) DEFINITION OF UNEXPENDED TANF BALANCES- In clause (i), the
term `unexpended TANF balances' means the lessor of--
`(I) the total amount of grants made to the State (regardless
of the fiscal year in which such funds were awarded) under subsection
(a) (other than welfare-to-work grants made under paragraph (5) of
that subsection prior to fiscal year 2000) but not yet expended as of
the end of the fiscal year preceding the fiscal year for which the
State would, in the absence of this subparagraph, be considered a
needy State under this subsection; and
`(II) the total amount of grants made to the State under
subsection (a) (other than welfare-to-work grants made under paragraph
(5) of that subsection prior to fiscal year 2000) but not yet expended
as of the end of such preceding fiscal year, plus the difference
between--
`(aa) the pro rata share of the current fiscal year grant to be
made under subsection (a) to the State; and
`(bb) current year expenditures of the total amount of grants
made to the State under subsection (a) (regardless of the fiscal year in which
such funds were awarded) (other than such welfare-to-work grants) through the
end of the most recent calendar quarter.
`(B) FAILURE TO SATISFY MAINTENANCE OF EFFORT REQUIREMENT-
Notwithstanding paragraph (3), a State that fails to satisfy the
requirement of section 409(a)(7) with respect to a fiscal year shall not
be a needy State under this subsection for that fiscal
year.'.
(c) CLARIFICATION OF REPORTING REQUIREMENTS- Paragraph (6) of section
403(b) (42 U.S.C. 603(b)), as redesignated by subsection (b)(2), is amended by
striking `on the status of the Fund' and inserting `on the States that
qualified for contingency funds and the amount of funding awarded under this
subsection'.
(d) ELIMINATION OF PENALTY FOR FAILURE TO MAINTAIN 100 PERCENT
MAINTENANCE OF EFFORT- Section 409(a) (42 U.S.C. 609(a)) is amended--
(1) by striking paragraph (10); and
(2) be redesignating paragraphs (11) through (14) as paragraphs (10)
through (13), respectively.
SEC. 103. CHILD CARE.
(1) IN GENERAL- Section 418(a) (42 U.S.C. 618(a)) is
amended--
(A) in paragraph (1), in the matter preceding subparagraph (A), by
inserting `and paragraph (6)' after `paragraph (3)';
(i) by striking `and' at the end of subparagraph
(E);
(ii) in subparagraph (F), by striking `fiscal year 2002.' and
inserting `each of fiscal years 2002 through 2005; and';
and
(iii) by adding at the end the following:
`(G) $2,967,000,000 for each of fiscal years 2006 and
2007.';
(C) by striking paragraph (4) and inserting the
following:
`(A) INDIAN TRIBES- The Secretary shall reserve 2 percent of the
aggregate amount appropriated to carry out this section under paragraphs
(3) and (5) for each fiscal year for payments to Indian tribes and tribal
organizations for each such fiscal year for the purpose of providing child
care assistance.
`(B) PUERTO RICO- The Secretary shall reserve $10,000,000 of the
amount appropriated under paragraph (5) for each fiscal year for payments
to the Commonwealth of Puerto Rico for each such fiscal year for the
purpose of providing child care assistance.
`(C) USE OF FUNDS; APPLICATION OF CHILD CARE AND DEVELOPMENT BLOCK
GRANT ACT- Subsections (b) and (c) apply to amounts received under this
paragraph in the same manner as such subsections apply to amounts received
by a State under this section.
`(D) NO MATCHING REQUIREMENT- No matching requirement shall apply
to amounts paid under this paragraph for a fiscal year.';
(D) by redesignating paragraph (5) as paragraph (7);
and
(E) by inserting after paragraph (4) the following:
`(5) ADDITIONAL GENERAL ENTITLEMENT GRANTS-
`(A) APPROPRIATION- For additional grants under paragraph (1),
there is appropriated $1,000,000,000 for each of fiscal years 2003 through
2007. Amounts appropriated under this subparagraph for a fiscal year shall
be in addition to amounts appropriated under paragraph (3) for such fiscal
year.
`(B) ADDITIONAL GRANT- In addition to the grant paid to a State
under paragraph (1) for each of fiscal years 2003 through 2007, of the
amount available for additional grants under subparagraph (A) for a fiscal
year, the Secretary shall pay the State an amount equal to the same
proportion of such amount as the proportion of the State's grant under
paragraph (1) to the amount appropriated under paragraph (3) for such
fiscal year.
`(6) REQUIREMENT FOR GRANT INCREASE- Notwithstanding paragraphs (1),
(2), or (5), the aggregate amount paid to a State under this section for
each of fiscal years 2003 through 2007 may not exceed the aggregate amount
paid to the State under this section for fiscal year 2002 unless the State
ensures that the level of State expenditures for child care for such fiscal
year is not less than the level of State expenditures for child care that
were matched under a grant made to the State under paragraph (2) or that the
State expended to meet its maintenance of effort obligation under paragraph
(2) for fiscal year 2002.'.
(2) CONFORMING AMENDMENT- Section 1108(a)(2) (42 U.S.C. 1308(a)(2))
is amended by striking `or 413(f)' and inserting `413(f), or
418(a)(4)(B)'.
(b) APPLICABILITY OF STATE OR LOCAL HEALTH AND SAFETY STANDARDS TO
OTHER TANF CHILD CARE SPENDING- Section 402(a) (42 U.S.C. 602(a)) is amended
by adding at the end the following:
`(8) CERTIFICATION OF PROCEDURES TO ENSURE THAT CHILD CARE PROVIDERS
COMPLY WITH APPLICABLE STATE OR LOCAL HEALTH AND SAFETY STANDARDS- A
certification by the chief executive officer of the State that procedures
are in effect to ensure that any child care provider in the State that
provides services for which assistance is provided under the State program
funded under this part complies with all applicable State or local health
and safety requirements as described in section 658E(c)(2)(F) of the Child
Care and Development Block Grant Act of 1990 (other than a relative excluded
from the definition of `child care provider' in section 98.41(e) of title 45
of the Code of Federal Regulations (as in effect on June 1,
2002)).'.
SEC. 104. STATE OPTION TO ASSIST LEGAL IMMIGRANT FAMILIES.
(1) IN GENERAL- Section 403(c)(2) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2)) is amended
by adding at the end the following:
`(M) At State option, assistance, benefits, or services under a
State program funded under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.).'.
(2) CONFORMING AMENDMENT- Section 408(e) (42 U.S.C. 608(e)) is
amended to read as follows:
`(e) ELIGIBILITY OF CERTAIN ALIENS- Except as provided in subsection
(f), at State option, a State may provide assistance, benefits, or services to
a qualified alien (as defined in subsections (b) and (c) of section 431 of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1641)) under the State program funded under this part in the same
manner and to the same extent as a citizen of the United States would be
provided such assistance, benefits, or services.'.
(b) ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES TO ALIENS-
(1) IN GENERAL- Section 408(f) (42 U.S.C. 608(f)) is
amended--
(A) in the heading, by striking `NON-213A' and inserting
`SPONSORED';
(B) by striking `The following' and all that follows through the
colon and inserting `The following rules shall apply in determining
whether an alien sponsored under section 213A of the Immigration and
Nationality Act (and, at the option of the State, a non-213A alien) is
eligible for cash assistance under the State program funded under this
part, or in determining the amount of such assistance to be provided to a
sponsored alien:';
(i) in the matter preceding subparagraph (A), by striking
`non-213A' and inserting `sponsored';
(ii) in subparagraph (B), by inserting `(or, a greater amount as
determined by the State)' before the period; and
(iii) in the heading of subparagraph (C), by striking `NON-213A'
and inserting `SPONSORED';
(D) by striking paragraph (5) and inserting the
following:
`(5) EXCEPTIONS- This subsection shall not apply to an alien who
is--
`(A) a minor child if the sponsor of the alien or any spouse of
the sponsor is a parent of the alien child; or
`(B) described in subsection (e) or (f) of section 421 of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1631).'; and
(E) by adding at the end the following:
`(7) INAPPLICABILITY TO FAMILY MEMBERS WHO ARE NOT SPONSORED ALIENS-
Income and resources of a sponsor which are deemed under this subsection to
be the income and resources of any alien individual in a family shall not be
considered in determining the need of other family members except to the
extent such income or resources are actually available to such other family
members.
`(8) RULE OF CONSTRUCTION- For purposes of section 421 of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1631), the State program funded under this part is not a Federal
means-tested public benefits program.'.
(2) CONFORMING AMENDMENTS- Section 423(d) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1183a note) is amended by adding at the end the following:
`(12) Assistance, benefits, or services under part A of title IV of
the Social Security Act except for cash assistance provided to a sponsored
alien who is subject to deeming pursuant to section 408(f) of that
Act.'.
(c) STATE AUTHORITY TO PROVIDE STATE AND LOCAL PUBLIC BENEFITS FOR
CERTAIN ALIENS- Section 411(d) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621(d)) is amended--
(1) in the heading, by inserting `AND OTHER' before `ALIENS';
and
(2) by inserting `or who otherwise is not a qualified alien (as
defined in subsections (b) and (c) of section 431)' after `United
States'.
SEC. 105. USE OF FUNDS.
(a) CLARIFICATION OF AUTHORITY OF STATES TO USE TANF FUNDS CARRIED
OVER FROM PRIOR YEARS TO PROVIDE TANF BENEFITS AND SERVICES- Section 404(e)
(42 U.S.C. 604(e)) is amended to read as follows:
`(e) AUTHORITY TO CARRY OVER CERTAIN AMOUNTS FOR BENEFITS OR SERVICES
OR FOR FUTURE CONTINGENCIES- A State or tribe may use a grant made to the
State or tribe under this part for any fiscal year to provide, without fiscal
year limitation, any benefit or service that may be provided under the State
or tribal program funded under this part.'.
(b) CLARIFICATION OF APPLICATION OF CAP ON ADMINISTRATIVE
EXPENDITURES- Section 404(b)(1) (42 U.S.C. 604(b)(1)) is amended by inserting
`(determined without regard to any amounts transferred under subsection (d))'
after `of the grant'.
(c) ELIMINATION OF TRUST REQUIREMENT FOR INDIVIDUAL DEVELOPMENT
ACCOUNTS- Section 404(h)(3)(A) (42 U.S.C. 604(h)(3)(A)) is amended by striking
`a trust created or organized in the United States and'.
(d) AUTHORITY TO TRANSFER TANF FUNDS TO CARRY OUT AN ACCESS TO JOBS
PROJECT OR A REVERSE COMMUTE PROJECT- Section 404(d)(1) (42 U.S.C. 604(d)(1))
is amended by adding at the end the following:
`(C) An access to jobs project or a reverse commute project under
a grant made under section 3037 of the Transportation Equity Act for the
21st Century (49 U.S.C. 5309 note).'.
(e) STATE OPTION TO ESTABLISH POSTSECONDARY EDUCATION PROGRAM- Section
404 (42 U.S.C. 604) is amended by adding at the end the following:
`(l) AUTHORITY TO ESTABLISH POSTSECONDARY EDUCATION PROGRAM-
`(1) IN GENERAL- Subject to paragraph (2), a State to which a grant
is made under section 403 may use the grant to establish a program under
which an eligible participant (as defined in paragraph (3)) may be provided
assistance and other benefits as determined by the State, including support
services described in paragraph (5).
`(2) NO FEDERAL FUNDS FOR TUITION- A State may not use Federal funds
provided under a grant made under section 403 to pay tuition for an eligible
participant in a program established under this subsection.
`(3) DEFINITION OF ELIGIBLE PARTICIPANT-
`(A) IN GENERAL- In this subsection, the term `eligible
participant' means an individual eligible for assistance, benefits, or
services under the State program funded under this part and satisfies the
following requirements:
`(i) The individual is enrolled in a postsecondary 2- or 4-year
degree program.
`(ii) Enrollment in the postsecondary program is a requirement
of the individual's individual responsibility plan under section
408(b).
`(iii) During the first 24 months that the individual
participates in the postsecondary program, the individual engages in a
combination of educational activities in connection with a course of
study, training, study time, employment, or work experience for an
average of not less than 24 hours (20 hours, in the case of an
individual described in section 407(c)(2)(B)) per week.
`(iv) After the first 24 months of the individual's
participation in the postsecondary program, the
individual--
`(I) works not less than an average of 15 hours per week (in
addition to school and study time, and with priority for hours engaged
in work related to the individual's course of study);
or
`(II) engages in a combination of educational activities in
connection with a course of study, training, study time, employment,
or work experience for an average of not less than 30 hours (20 hours,
in the case of an individual described in section 407(c)(2)(B)) per
week.
`(v) During the period the individual participates in the
postsecondary program, the individual maintains satisfactory academic
progress, as defined by the institution operating the undergraduate
postsecondary program in which the individual is
enrolled.
`(B) DETERMINATION OF HOURS- For purposes of determining hours per
week under clause (ii) or (iii) of subparagraph (A), a State may not count
study time of less than 1 hour for every hour of class time or more than 2
hours for every hour of class time.
`(4) REQUIRED TIME PERIODS FOR COMPLETION OF DEGREE-
`(A) IN GENERAL- Subject to subparagraph (B), an individual
participating in a program established under this subsection shall be
required to complete the requirements of a degree program within the
normal timeframe for full time students seeking the particular
degree.
`(B) EXCEPTION- For good cause, the State may allow an individual
to complete their degree requirements within a period not to exceed 1 1/2
times the normal timeframe established under subparagraph (A) (unless
further modification is required by the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), or section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794)) and may modify the requirements applicable to an
individual participating in the program. For purposes of the preceding
sentence, good cause includes the case of an individual with 1 or more
significant barriers to normal participation, as determined by the State,
such as the need to care for a family member with special
needs.
`(5) SUPPORT SERVICES DESCRIBED- For purposes of paragraph (1), the
support services described in this paragraph include any or all of the
following during the period the eligible participant is in the program
established under this subsection:
`(B) Transportation services.
`(C) Payment for books and supplies.
`(D) Other services provided under policies determined by the
State to ensure coordination and lack of duplication with other programs
available to provide support services.'.
(f) SUPPLEMENTAL HOUSING BENEFITS- Section 404 (42 U.S.C. 604), as
amended by subsection (d), is amended by adding at the end the
following:
`(m) USE OF FUNDS FOR SUPPLEMENTAL HOUSING BENEFITS-
`(1) IN GENERAL- A State to which a grant is made under section 403
may use the grant to provide supplemental housing benefits (as defined in
paragraph (4)) in order to carry out the purposes specified in section
401(a).
`(2) NOT CONSIDERED ASSISTANCE- Supplemental housing benefits (as so
defined) shall not for any purpose, be considered assistance under the State
program funded under this part.
`(3) LIMITATION ON USE OF FUNDS- A State may not use any part of the
funds made available under a grant made under section 403 to supplant
existing State expenditures on housing-related programs. Notwithstanding the
preceding sentence, a State may use such funds to supplement such State
expenditures.
`(4) DEFINITION OF SUPPLEMENTAL HOUSING BENEFITS- In this
subsection, the term `supplemental housing benefits' means payments made to,
or on behalf of, an individual with significant annual earnings (as defined
by the State) to reduce or reimburse the costs incurred by the individual
for housing accommodations.
`(n) STATE AUTHORITY TO DEFINE MINOR HOUSING REHABILITATION COSTS- A
State to which a grant is made under section 403 may use the grant to provide
grants, loans, or to otherwise pay the costs of minor rehabilitation of
housing owned or rented by individuals eligible for assistance under the State
program funded under this part, consistent with a definition of minor housing
rehabilitation adopted by the State and incorporated into the State plan
required under section 402(a).'.
SEC. 106. DEFINITION OF ASSISTANCE.
(a) DEFINITION- Section 419 (42 U.S.C. 619) is amended by adding at
the end the following:
`(A) IN GENERAL- The term `assistance' means payment, by cash,
voucher, or other means, to or for an individual or family for the purpose
of meeting a subsistence need of the individual or family (including food,
clothing, shelter, and related items, but not including costs of
transportation, child care, or supplemental housing benefits (as defined
in section 404(m)(4)).
`(B) EXCEPTION- The term `assistance' does not include a payment
described in subparagraph (A) to or for an individual or family on a
short-term, nonrecurring basis (as defined by the State in accordance with
regulations prescribed by the Secretary) or any other benefit or service
excluded from the definition of assistance under section 260.31 of title
45 of the Code of Federal Regulations (as in effect on June 1,
2002).'.
(b) CONFORMING AMENDMENTS-
(1) Section 404(a)(1) (42 U.S.C. 604(a)(1)) is amended by striking
`assistance' and inserting `aid'.
(2) Section 404(f) (42 U.S.C. 604(f)) is amended by striking
`assistance' and inserting `benefits or services'.
(3) Section 408(a)(5)(B)(i) (42 U.S.C. 608(a)(5)(B)(i)) is amended
in the heading by striking `ASSISTANCE' and inserting `AID'.
(4) Section 5(g)(2)(D) of the Food Stamp Act of 1977 (7 U.S.C.
2014(g)(2)(D)) is amended--
(A) by striking `If the vehicle allowance' and inserting the
following:
`(i) IN GENERAL- If the vehicle allowance'; and
(B) by adding at the end the following:
`(ii) DEFINITION OF ASSISTANCE- In clause (i), the term
`assistance' shall have the meaning given such term in section 260.31 of
title 45 of the Code of Federal Regulations, as in effect on June 1,
2002.'.
SEC. 107. MAINTENANCE OF EFFORT.
(a) INCLUSION OF CHILD SUPPORT ARREARAGES DISTRIBUTED TO FAMILIES NO
LONGER RECEIVING ASSISTANCE- Section 409(a)(7)(B)(i) (42 U.S.C.
609(a)(7)(B)(i)) is amended--
(1) in subclause (I)(aa), by striking `457(a)(1)(B)' and inserting
`457(a)(1)'; and
(2) by adding at the end the following:
`(V) PORTIONS OF CERTAIN CHILD SUPPORT PAYMENTS COLLECTED ON
BEHALF OF AND DISTRIBUTED TO FAMILIES NO LONGER RECEIVING ASSISTANCE-
Any amount paid by a State pursuant to section 457(a)(2)(B), but only
to the extent that the State properly elects under section 457(a)(6)
to have the payment considered a qualified State
expenditure.'.
(b) REAUTHORIZATION- Section 409(a)(7) (42 U.S.C. 609(a)(7)) is
amended--
(1) in subparagraph (A) by striking `fiscal year 1998, 1999, 2000,
2001, 2002, or 2003' and inserting `fiscal year 2003, 2004, 2005, 2006, 2007
or 2008'; and
(2) in subparagraph (B)(ii)--
(A) by inserting `preceding' before `fiscal year';
and
(B) by striking `for fiscal years 1997 through
2002,'.
SEC. 108. FUNDING FOR FAMILIES ASSISTED BY A TERRITORY
PROGRAM.
(a) INCREASE IN MANDATORY CEILING AMOUNT- Section 1108(c)(4) (42
U.S.C. 1308(c)(4)) is amended--
(1) in subparagraph (A), by striking `$107,255,000' and inserting
`$109,936,375';
(2) in subparagraph (B), by striking `$4,686,000' and inserting
`$4,803,150';
(3) in subparagraph (C), by striking `$3,554,000' and inserting
`$3,642,850'; and
(4) in subparagraph (D), by striking `$1,000,000' and inserting
`$1,250,000'.
(b) REAUTHORIZATION OF MATCHING GRANTS- Section 1108(b)(2) (42 U.S.C.
1308(b)(2)) is amended by striking `fiscal years 1997 through 2002' and
inserting `each of fiscal years 2003 through 2007'.
SEC. 109. REPEAL OF FEDERAL LOAN FUND FOR STATE WELFARE
PROGRAMS.
(a) REPEAL- Section 406 (42 U.S.C. 606) is repealed.
(b) CONFORMING AMENDMENTS-
(1) Section 409(a) (42 U.S.C. 609(a)) is amended by striking
paragraph (6).
(2) Section 412 (42 U.S.C. 612) is amended by striking subsection
(f) and redesignating subsections (g) through (i) as subsections (f) through
(h), respectively.
(3) Section 1108(a)(2) (42 U.S.C. 1308(a)(2)) is amended by striking
`406,'.
SEC. 110. SOCIAL SERVICES BLOCK GRANT.
(a) RESTORATION OF AUTHORITY TO TRANSFER UP TO 10 PERCENT OF TANF
FUNDS-
(1) IN GENERAL- Section 404(d)(2) (42 U.S.C. 604(d)(2)) is amended
to read as follows:
`(2) LIMITATION ON AMOUNT TRANSFERABLE TO TITLE XX PROGRAMS- A State
may use not more than 10 percent of the amount of any grant made to the
State under section 403(a) for a fiscal year to carry out State programs
pursuant to title XX.'.
(2) EFFECTIVE DATE- The amendment made by paragraph (1) applies to
amounts made available for fiscal year 2003 and each fiscal year
thereafter.
(b) FUNDING FOR FISCAL YEAR 2005- Section 2003(c)(11) (42 U.S.C.
1397b(c)(11)) is amended by inserting `, except that, with respect to fiscal
year 2005, the amount shall be $1,952,000,000' after `thereafter'.
SEC. 111. TECHNICAL CORRECTIONS.
(a) Section 404 (42 U.S.C. 604) is amended by striking subsection
(c).
(b) Section 409(c)(2) (42 U.S.C. 609(c)(2)) is amended by inserting a
comma after `appropriate'.
(c) Section 411(a)(1)(A)(ii)(III) (42 U.S.C. 611(a)(1)(A)(ii)(III)) is
amended by striking the last close parenthesis.
(d) Section 413(j)(2)(A) (42 U.S.C. 613(j)(2)(A)) is amended by
striking `section' and inserting `sections'.
TITLE II--WORK
SEC. 201. UNIVERSAL ENGAGEMENT.
(a) MODIFICATION OF INDIVIDUAL RESPONSIBILITY PLANS- Section 408(b)
(42 U.S.C. 608(b)) is amended to read as follows:
`(b) INDIVIDUAL RESPONSIBILITY PLANS-
`(1) ASSESSMENT- The State agency responsible for administering the
State program funded under this part shall make an initial screening and
assessment of the following for each family with an adult or minor child
head of household receiving assistance:
`(A) The education obtained, skills, prior work experience, work
readiness, and barriers to work of each adult or minor child head of
household recipient of assistance in the family who has attained age 18 or
who has not completed high school or obtained a certificate of high school
equivalency, and is not attending secondary school.
`(B) The work support, work readiness, and family support services
for which families receiving assistance are eligible.
`(C) The well-being of the children in the family and, where
appropriate, activities or resources to improve the well-being of the
children.
`(A) IN GENERAL- On the basis of the screening and assessment
required under paragraph (1) for a family with an adult or minor child
head of household receiving assistance under the State program funded
under this part, the State agency, in consultation with the family, shall
develop an individual responsibility plan that--
`(i) establishes for each adult and minor child head of
household recipient a self-sufficiency plan that specifies activities
described in the State plan submitted pursuant to section 402, including
work activities specified in section 407(d), as appropriate, that are
designed to assist the family in achieving their maximum degree of
self-sufficiency, and that provides for the ongoing participation of the
adult or minor child head of household recipient in the
activities;
`(ii) sets forth the obligations of the adult or minor child
head of household recipient which may include registering for work and
commencing a search for employment for a specified number of hours each
week;
`(iii) requires, at a minimum, each such recipient to
participate in activities in accordance with the individual
responsibility plan;
`(iv) sets forth the appropriate supportive services the State
intends to provide for the family;
`(v) establishes for the family a plan that addresses the issue
of child well-being and, when appropriate, adolescent well-being, and
that may include services such as domestic violence counseling, mental
health referrals, and parenting courses; and
`(vi) includes a section designed to assist the family by
informing the family of the work support assistance for which the family
may be eligible, including (but not limited to)--
`(I) the food stamp program established under the Food Stamp
Act of 1977 (7 U.S.C. 2011 et seq.);
`(II) the medicaid program funded under title
XIX;
`(III) the State children's health insurance program funded
under title XXI;
`(IV) child care funded under the Child Care Development Block
Grant Act of 1990 (42 U.S.C. 9858 et seq.);
`(V) the earned income tax credit under section 32 of the
Internal Revenue Code of 1986;
`(VI) the low-income home energy assistance program
established under the Low-Income Home Energy Assistance Act of 1981
(42 U.S.C. 8621 et seq.);
`(VII) the special supplemental nutrition program for women,
infants, and children established under section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786);
`(VIII) programs conducted under the Workforce Investment Act
of 1998 (29 U.S.C. 2801 et seq.); and
`(IX) low-income housing assistance
programs.
`(A) REGULAR REVIEW- The State agency shall--
`(i) monitor the participation of each adult recipient in the
activities specified in the individual responsibility plan, and
regularly review the progress of the family toward self-sufficiency;
and
`(ii) upon such a review, revise the plan and activities
required under the plan as the State deems appropriate in consultation
with the family.
`(B) PRIOR TO THE IMPOSITION OF A SANCTION- The State agency
shall--
`(i) review the individual responsibility plan prior to imposing
a sanction against the adult recipient or the family for failure to
comply with a requirement of the plan or the State program funded under
this part; and
`(ii) make a good faith effort (as defined by the State) to
consult with the family as part of such review.
`(4) TIMING- With respect to a family, the State shall comply with
this subsection--
`(A) in the case of a family that, as of October 1, 2003, is not
receiving assistance from the State program funded under this part, not
later than 60 days after the family first receives assistance on the basis
of the most recent application for the assistance; and
`(B) in the case of a family that, as of such date, is receiving
the assistance, not later than September 30, 2004.
`(5) RULE OF INTERPRETATION- Nothing in this subsection shall
preclude a State from requiring participation in work and any other
activities the State deems appropriate for helping families achieve
self-sufficiency and improving child well-being.'.
(1) DEVELOPMENT OF MODEL SCREENING AND ASSESSMENT TOOLS-
(A) IN GENERAL- The Secretary of Health and Human Services shall
develop or identify model screening and assessment tools to assist States
(at their option) in identifying an individual's barriers to employment or
program compliance.
(B) CONSULTATION- The Secretary of Health and Human Services shall
develop or identify the model tools required under paragraph (1) in
consultation with individuals and groups with expertise in circumstances
such as physical or mental impairments (including learning disabilities),
substance abuse, limited English proficiency, domestic violence, or the
need to care for a family member with a disability.
(C) DISSEMINATION- The Secretary of Health and Human Services
shall disseminate the tools developed or identified under this paragraph
to States (as defined in section 1101(a)(1) of the Social Security Act (42
U.S.C. 1301(a)(1)) for purposes of part A of title IV of such Act) and
Indian tribes with programs funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.).
(2) GRANTS TO ASSIST WITH IMPLEMENTATION- Section 403(a) (42 U.S.C.
603(a)) is amended by adding at the end the following:
`(6) GRANTS TO ASSIST WITH IMPLEMENTATION OF UNIVERSAL ENGAGEMENT
REQUIREMENTS-
`(A) IN GENERAL- Each eligible State shall be entitled to receive
from the Secretary, for each of fiscal years 2003 through 2006, a grant
under this paragraph to carry out any or all of the following
activities:
`(i) To provide training for supervisory and non-supervisory
staff of the State or local agency with responsibility for the
administration of the State program funded under this part, including
(but not limited to) training that is designed to improve the ability of
such staff to identify barriers to employment and indicators of child
well-being, and to improve the understanding of such staff of program
requirements and services funded under this part and of
nondiscrimination and employment laws for families receiving assistance
under the State program.
`(ii) To improve the communication of information concerning
program requirements to recipients of, and applicants for, assistance,
including services related to communicating such information to families
with a primary language other than English.
`(iii) To improve the quality of the agency
workforce.
`(iv) To improve the coordination of support programs for
low-income families.
`(v) To conduct outreach to promote the enrollment of eligible
families in such programs.
`(vi) To establish advisory review panels to advise States with
respect to improving the State's policies and procedures for assisting
individuals under the State program funded under this part who have
barriers to work in accordance with the requirements of subparagraph
(C).
`(B) AMOUNT OF GRANT- Of the amount appropriated under
subparagraph (E) for a fiscal year, the Secretary shall pay each State an
amount equal to the same proportion of such amount as the proportion of
the number of families receiving assistance under the State program funded
under this part to all such families for all States.
`(C) REQUIREMENTS FOR ADVISORY REVIEW PANELS- A State that uses
funds provided under a grant made under this paragraph to establish an
advisory review panel shall establish such panels consistent with the
following:
`(I) IN GENERAL- The advisory review panel shall consist of
the following:
`(aa) At least 1 member shall be a representative of the State or
local agency responsible for administering the State program funded under this
part.
`(bb) At least 1 member shall be an employer.
`(cc) At least 1 member shall be a representative of other State
or local agencies with expertise in providing services to individuals with
disabilities or other barriers to work, such as vocational rehabilitation
agencies, the State workforce investment board established under section 111 of
the Workforce Investment Act of 1998 (29 U.S.C. 2821), or mental health
agencies.
`(dd) At least 1 member shall be a parent with a barrier to work
who is receiving, or who has ceased receiving, cash assistance or support
services under the State program funded under this part.
`(ee) At least 1 member shall be an individual or representative
of an entity with expertise in designing and implementing policies and programs
to successfully serve individuals with barriers to work.
`(ff) At least 1 member shall be a representative of an
organization that represent recipients of assistance under the State program
funded under this part or individuals with barriers to employment.
`(gg) At least 1 member shall be a representative of
non-supervisory employees of the State or local agency with responsibility for
the administration of the State program funded under this part.
`(aa) IN GENERAL- Subject to item (bb), the chair of the advisory
review panel shall be appointed by the chief executive officer of the
State.
`(bb) LIMITATION- The chair shall not be a State
employee.
`(III) COORDINATION WITH EXISTING PANELS- A State shall
coordinate the establishment of an advisory review panel with other
advisory panels established as of October 1, 2002, that serve
recipients of assistance under the State program funded under this
part.
`(ii) DUTIES AND USE OF FUNDS-
`(I) IN GENERAL- In seeking to improve a State's policies and
procedures for assisting individuals with barriers to work, an
advisory review panel established with funds paid under a grant made
this paragraph may hold meetings, hire support staff, and enter into
contracts for independent evaluations.
`(II) SITE VISITS; PUBLIC HEARINGS- To the extent it
determines appropriate, an advisory review panel established under
this paragraph may--
`(aa) conduct site visits to State or local agencies responsible
for administering the State program funded under this part; and
`(bb) hold public hearings.
`(III) EXPENSES- At the option of the State, an advisory
review panel established under this paragraph may reimburse a panel
member who is a recipient, or a former recipient, of assistance under
the State program funded under this part for reasonable travel
expenses associated with the member's participation on the
panel.
`(IV) RULE OF CONSTRUCTION-
`(aa) IN GENERAL- Nothing in this paragraph shall be construed as
authorizing an advisory review panel established under this paragraph to resolve
complaints filed by individuals or entities related to possible violations of
laws protecting civil rights, to review specific individual's claims against the
State agency responsible for administering the State program funded under this
part, or to become involved in advising the State as to the specific provisions
that should be included in a specific individual's individual responsibility
plan under section 408(b).
`(bb) RECIPIENT PARTICIPATION- Nothing in item (aa) shall prevent
an individual who is a recipient, or a former recipient of assistance under the
State program funded under this part from providing the advisory review panel
with information that could help inform the panel's deliberations regarding
improvements that may be needed in the State's policies and procedures to better
meet the needs of individuals and families with barriers to
employment.
`(iii) REPORTS- An advisory review panel established under this
paragraph shall submit to the Secretary at least 1 report that
identifies areas in the State where improvement is needed with respect
to the State's policies and procedures for assisting individuals under
the State program funded under this part who have barriers to
work.
`(D) INAPPLICABILITY OF SECTION 404- A grant made under this
paragraph shall not be considered a grant made under this section for
purposes of section 404.
`(E) APPROPRIATIONS- Out of any money in the Treasury of the
United States not otherwise appropriated, there is appropriated to carry
out this paragraph, $120,000,000 for the period of fiscal years 2003
through 2006.'.
(3) CONSULTATION- The Secretary of Health and Human Services shall
consult with representatives of the National Governors Association, the
American Public Human Services Association, and the National Conference of
State Legislatures with respect to implementation of the universal
engagement requirements under the temporary assistance to needy families
program under part A of title IV of the Social Security Act (42 U.S.C. 601
et seq.), as added by the amendments made by this section,
including--
(A) the development of regulations to carry out the amendments
made by this section;
(B) the provision of technical assistance to States (in
participation with the organizations the Secretary is required to consult
with under this paragraph) regarding compliance with such requirements;
and
(C) the model screening tools required to be developed under
paragraph (1).
(4) GAO EVALUATION AND REPORT- Not later than September 30, 2005,
the Comptroller General of the United States shall submit a report to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate evaluating the implementation of the
universal engagement provisions under the temporary assistance to needy
families program under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.), as added by the amendments made by this
section.
(c) RULES OF CONSTRUCTION- Nothing in this section or the amendments
made by this section shall be construed--
(1) as establishing a private right or cause of action against a
State for failure to comply with the requirements imposed under this section
or the amendments made by this section; or
(2) as limiting claims that may be available under other Federal or
State laws.
SEC. 202. WORK PARTICIPATION REQUIREMENTS.
(a) MINIMUM PARTICIPATION RATES- The table set forth in section
407(a)(1) (42 U.S.C. 607(a)(1)) is amended--
(1) in the item relating to fiscal year 2002--
(A) by striking `or thereafter' and inserting `or 2003';
and
(B) by striking the period; and
(2) by adding at the end the following:
`2004
--55
2005
--60
2006
--65
2007 or thereafter
--70.'.
(b) ELIMINATION OF SEPARATE WORK PARTICIPATION RATE FOR 2-PARENT
FAMILIES- Section 407 (42 U.S.C. 607) is amended--
(A) in the heading of paragraph (1), by striking `ALL FAMILIES'
and inserting `IN GENERAL'; and
(B) by striking paragraph (2);
(A) by striking paragraph (2);
(B) in paragraph (4), by striking `paragraphs (1)(B) and (2)(B)'
and inserting `paragraph (1)(B)'; and
(C) in paragraph (5), by striking `rates' and inserting `rate';
and
(i) by striking `GENERAL RULES- ' and all that follows through
`For purposes' in subparagraph (A) and inserting `GENERAL RULE- For
purposes'; and
(ii) by striking subparagraph (B); and
(B) in paragraph (2)(D)--
(i) by striking `paragraphs (1)(B)(i) and (2)(B) of subsection
(b)' and inserting `subsection (b)(1)(B)(i)'; and
(ii) by striking `and in 2-parent families,
respectively,'.
(1) REPLACEMENT OF CASELOAD REDUCTION CREDIT WITH EMPLOYMENT CREDIT-
(A) EMPLOYMENT CREDIT TO REWARD STATES IN WHICH FAMILIES LEAVE
WELFARE FOR WORK; ADDITIONAL CREDIT FOR FAMILIES WITH HIGHER EARNINGS-
(i) IN GENERAL- Section 407(a) (42 U.S.C. 607(a)), as amended by
subsection (b)(1)(B), is further amended by adding at the end the
following:
`(A) IN GENERAL- In consultation with the States, and subject to
subparagraph (C), the Secretary shall prescribe regulations for reducing
the minimum participation rate otherwise applicable to a State under this
subsection for a fiscal year by the number of percentage points in the
employment credit for the State for the fiscal year, as determined by the
Secretary--
`(i) using information in the National Directory of New Hires;
and
`(ii) with respect to a recipient of assistance under the State
program funded under this part who is placed with an employer whose
hiring information is not reported to the National Directory of New
Hires, using quarterly wage information submitted by the State to the
Secretary not later than such date as the Secretary shall prescribe in
regulations.
`(B) CALCULATION OF CREDIT-
`(i) IN GENERAL- The employment credit for a State for a fiscal
year is an amount equal to--
`(I)(aa) twice the unduplicated number of families that
include an adult recipient of assistance under the State program
funded under this part, that ceased to receive such assistance for at
least a 2-month period during the applicable period (as defined in
clause (iii)), that did not receive assistance under a separate
State-funded program during such 2-month period, that were employed
during the calendar quarter immediately succeeding the quarter in
which the assistance under the State program funded under this part
ceased, and that are not otherwise included in the determination of a
credit against the minimum participation rate otherwise applicable to
a State under this subsection for a fiscal year,
plus;
`(bb) at State option, the number of families that received a
nonrecurring short-term benefit under the State program funded under
this part during the applicable period (as so defined), that were
employed during the calendar quarter immediately succeeding the
quarter in which the nonrecurring short-term benefit was so received,
and that earned at least $1000 during the applicable period (as so
defined); divided by
`(II) the average monthly number of families that include an
adult who received assistance under the State program funded under
this part during the applicable period (as so defined), plus, if the
State elected the option under subclause (I)(bb), the number of
families that received a nonrecurring short-term benefit under the
State program funded under this part during the applicable period (as
so defined).
`(ii) SPECIAL RULE FOR FORMER RECIPIENTS WITH HIGHER EARNINGS-
In calculating the employment credit for a State for a fiscal year, a
family that, with respect to the quarter in which the family's earnings
was examined during the preceding fiscal year, earned at least 33
percent of the average quarterly earnings in the State (determined on
the basis of State unemployment data) shall be considered to be 1.5
families.
`(iii) DEFINITION OF APPLICABLE PERIOD- For purposes of this
subparagraph, the term `applicable period' means the most recent 4
quarters for which data are available to the Secretary providing
information on the work status of--
`(I) individuals in the quarter after the individuals ceased
receiving assistance under the State program funded under this part;
and
`(II) at State option, individuals in the quarter after the
individuals received a short-term, non recurring
benefit.
`(i) IN GENERAL- Except with respect to a State described in
clause (ii), the minimum participation rate applicable to families
receiving assistance under the State program funded under this part
shall not have the effect of being reduced through the application of
the employment credit determined under subparagraph (B)(i)(I)(aa) or the
inclusion, at State option, of individuals who receive substantial child
care or transportation assistance in the determination of the minimum
participation rate under paragraph (1), below--
`(I) 20 percent, in the case of fiscal year
2004;
`(II) 30 percent, in the case of fiscal year
2005;
`(III) 40 percent, in the case of fiscal year 2006;
or
`(IV) 50 percent, in the case of fiscal year
2007.
`(ii) STATE DESCRIBED- Clause (i) shall not apply to a State
that meets at least 2 of the criteria for being considered a needy State
under section 403(b)(3)(A).
`(D) QUARTERLY REPORTS- Not later than 6 months after the end of a
fiscal year quarter, the Secretary shall issue a report to Congress and
each State for the preceding quarter that includes information regarding
the performance of each State on the factors used to determine the
employment credit for a State under this paragraph during that quarter,
including any option selected by the State.'.
(ii) AUTHORITY OF SECRETARY TO USE INFORMATION IN NATIONAL
DIRECTORY OF NEW HIRES- Section 453(i) (42 U.S.C. 653(i)) is amended by
adding at the end the following:
`(5) CALCULATION OF EMPLOYMENT CREDIT FOR PURPOSES OF DETERMINING
STATE WORK PARTICIPATION RATES UNDER TANF- The Secretary may use the
information in the National Directory of New Hires for purposes of
calculating State employment credits pursuant to section
407(a)(2).'.
(B) ELIMINATION OF CASELOAD REDUCTION CREDIT- Section 407(b) (42
U.S.C. 607(b)), as amended by subsection (b)(2)(A), is further amended by
striking paragraph (3) and redesignating paragraphs (4) and (5) as
paragraphs (2) and (3), respectively.
(2) STATES TO RECEIVE PARTIAL CREDIT TOWARD WORK PARTICIPATION RATE
FOR RECIPIENTS ENGAGED IN PART-TIME WORK- Section 407(c)(1) (42 U.S.C.
607(c)(1)), as amended by subsection (b)(3)(A), is further amended by adding
at the end the following flush sentence: `For purposes of subsection
(b)(1)(B)(i), a family that does not include a recipient who is
participating in work activities for an average of 30 hours per week during
a month but includes a recipient who is participating in activities
described in paragraph (1), (2), (3), (4), (5), (6), (7), (8), (12), or
13(A) of subsection (d) during the month for an average of at least 50
percent of the minimum average number of hours per week specified for the
month in the table set forth in this paragraph shall be counted as a
percentage of a family that includes an adult or minor child head of
household who is engaged in work for the month, which percentage shall be
the number of hours for which the recipient participated in such activities
during the month divided by the number of hours of such participation
required of the recipient under this section for the month.'.
(3) TANF RECIPIENTS WHO QUALIFY FOR SUPPLEMENTAL SECURITY INCOME
BENEFITS REMOVED FROM WORK PARTICIPATION RATE CALCULATION FOR ENTIRE YEAR-
Section 407(b)(1)(B)(ii) (42 U.S.C. 607(b)(1)(B)(ii)) is
amended--
(A) in subclause (I), by inserting `who has not become eligible
for supplemental security income benefits under title XVI during the
fiscal year' before the semicolon; and
(B) in subclause (II), by inserting `, and that do not include an
adult or minor child head of household who has become eligible for
supplemental security income benefits under title XVI during the fiscal
year' before the period.
(4) STATE OPTION TO INCLUDE RECIPIENTS OF SUBSTANTIAL CHILD CARE OR
TRANSPORTATION ASSISTANCE IN WORK PARTICIPATION RATE-
(A) IN GENERAL- Section 407(a)(1) (42 U.S.C. 607(a)(1)) is amended
by inserting `(including, at the option of the State, a family that
includes an adult who is receiving substantial child care or
transportation assistance (as defined by the Secretary, in consultation
with directors of State programs funded under this part, which definition
shall specify for each type of assistance a threshold which is a dollar
value or a length of time over which the assistance is received, and take
into account large one-time transition payments) except any family taken
into account under paragraph (2)(B)(i)(I))' before the
colon.
(B) DATA COLLECTION AND REPORTING- Section 411(a)(1)(A) (42 U.S.C.
611(a)(1)(A)) is amended in the matter preceding clause (i) by inserting
`(including any family with respect to whom the State has exercised its
option under section 407(a)(1) or 407(a)(2)(B)(i)(I)(bb)' after
`assistance'.
(A) IN GENERAL- Except as provided in subparagraph (B), the
amendments made by this subsection shall take effect on October 1,
2003.
(B) STATE OPTION TO PHASE-IN REPLACEMENT OF CASELOAD REDUCTION
CREDIT WITH EMPLOYMENT CREDIT AND DELAY APPLICABILITY OF OTHER PROVISIONS-
A State may elect to have the amendments made by subsections (a)(2), (b),
(c), and (d) not apply to the State program funded under part A of title
IV of the Social Security Act until October 1, 2004, and if the State
makes the election, then, in determining the participation rate of the
State for purposes of sections 407 and 409(a)(3) of the Social Security
Act for fiscal year 2004, the State shall be credited with 1/2 of the
reduction in the rate that would otherwise result from applying section
407(a)(2) of the Social Security Act (as added by subsection (c)(1)(A)(i))
to the State for fiscal year 2004 and 1/2 of the reduction in the rate
that would otherwise result from applying section 407(b)(3) of the Social
Security Act to the State for fiscal year 2004.
(d) INCREASE IN NUMBER OF HOURS REQUIRED FOR WORK-RELATED ACTIVITIES-
Section 407(c)(1) (42 U.S.C. 607(c)(1)), as amended by subsection (b)(3), is
further amended in the matter preceding the table set forth in that paragraph,
by striking `20 hours' and inserting `24 hours'.
(e) ADDITIONAL WORK ACTIVITIES-
(1) IN GENERAL- Section 407(d) (42 U.S.C. 607(d)) is
amended--
(A) in paragraph (11), by striking `and' at the end;
(B) in paragraph (12), by striking the period and inserting `;
and'; and
(C) by adding at the end the following:
`(13)(A) rehabilitative services, such as adult basic education,
participation in a program designed to increase proficiency in the English
language, or, in the case of an individual determined by a qualified
medical, mental health, or social services professional as having a physical
or mental disability, substance abuse problem, or other problem that
requires rehabilitative services, substance abuse treatment, mental health
treatment, or other rehabilitative services, provided that the provision of
such services is a requirement of the individual's individual responsibility
plan under section 408(b) (not to exceed 3 months out of any 24-month
period, or, if such services for a longer period of time is a requirement of
the individual's plan under section 408(b), up to 6 months, but only if,
during the last 3 months of such 6 months, such services are combined with
work or job-readiness activities); and
`(B) for purposes of counting toward the minimum average number of
hours per week specified in the table set forth in subsection (c)(1),
services described in subparagraph (A), the provision of which is a
requirement of the individual's individual responsibility plan under section
408(b), until an individual successfully completes such services (and
without regard to the time limits for the receipt of such services for
purposes of subparagraph (A).'.
(2) CONFORMING AMENDMENTS- Section 407(c)(1) (42 U.S.C. 607(c)(1)),
as amended by subsections (b) and (d), is further amended by striking `or
(12)' and inserting `(12), or (13)(A)'.
(f) NUMBER OF WEEKS FOR WHICH JOB SEARCH COUNTS AS WORK- Section
407(c)(2)(A)(i) (42 U.S.C. 607(c)(2)(A)(i)) is amended--
(1) by striking `6 weeks' and inserting `8 weeks';
(2) by striking `403(b)(6)' and inserting `403(b)'; and
(3) by striking `, or if the participation is for a week that
immediately follows 4 consecutive weeks of such participation'.
(g) EDUCATION AND TRAINING-
(1) VOCATIONAL AND POSTSECONDARY EDUCATION-
(A) IN GENERAL- Section 407(d)(8) is amended to read as
follows:
`(8) vocational education and training and postsecondary education
that is a requirement of the individual's individual responsibility plan
under section 408(b) (not to exceed 24 months with respect to any
individual);'.
(B) ELIMINATION OF RECIPIENTS COMPLETING SECONDARY SCHOOL FROM
LIMIT ON NUMBER OF TANF RECIPIENTS PARTICIPATING IN VOCATIONAL EDUCATION
TRAINING-
(i) IN GENERAL- Section 407(c)(2)(D) (42 U.S.C. 607(c)(2)(D)) is
amended by striking `educational training, or (if the month is in fiscal
year 2000 or thereafter) deemed to be engaged in work for the month by
reason of subparagraph (C) of this paragraph' and inserting `education
and training (determined without regard to any individual described in
subparagraph (C)'.
(ii) CONFORMING AMENDMENTS-
(I) Section 407(c)(2)(C)(ii) (42 U.S.C. 607(c)(2)(C)(ii) is
amended by inserting `including vocational education and training'
after `employment'.
(II) Section 407(c)(2)(D) (42 U.S.C. 607(c)(2)(D)) is amended
in the heading, by striking `EDUCATIONAL ACTIVITIES' and inserting
`VOCATIONAL EDUCATION ACTIVITIES'.
(2) STATE OPTION TO TREAT PARTICIPANTS IN POSTSECONDARY EDUCATION
PROGRAM AS ENGAGED IN WORK-
(A) IN GENERAL- Section 407(c)(2) (42 U.S.C. 607(c)(2)) is amended
by adding at the end the following:
`(E) STATE OPTION TO TREAT PARTICIPANTS IN POSTSECONDARY EDUCATION
PROGRAM AS ENGAGED IN WORK-
`(i) IN GENERAL- Subject to clause (ii), in the case of a State
that elects to establish a postsecondary education program under section
404(l), the State may include, for purposes of determining monthly
participation rates under subsection (b)(1)(B)(i), all families that
include an individual participating in the program during the month as
being engaged in work for the month, so long as each such individual is
in compliance with the requirements of that program.
`(ii) LIMITATION- With respect to a month, the number of
families treated as being engaged in work under clause (i) may not
exceed the amount equal to 10 percent of the average monthly number of
families to which assistance is provided under the State program funded
under this part during the fiscal year or the immediately preceding
fiscal year (but not both), as the State may elect.'.
(B) CONFORMING AMENDMENTS-
(i) Section 407(c)(2)(D) (42 U.S.C. 607(c)(2)(D)), as amended by
paragraph (1)(B)(ii)(II), is amended--
(I) in the heading, by inserting `CERTAIN' after
`PARTICIPATION IN'; and
(II) by inserting `(determined without regard to individuals
participating in a program referred to in subparagraph (E)(i))' after
`training'.
(ii) Section 407(d)(8), as amended by paragraph (1)(A), is
amended inserting `, or such longer period as the State may allow for an
individual who is treated as being engaged in work through participation
in a program that meets the requirements of section 404(l))' after `any
individual'.
(h) STATE OPTION TO EXEMPT FULL TIME CAREGIVER OF A FAMILY MEMBER WITH
A DISABILITY FROM WORK REQUIREMENTS- Section 407(c)(2) (42 U.S.C. 607(c)(2)),
as amended by subsection (g)(2), is further amended by adding at the end the
following:
`(F) STATE OPTION TO EXEMPT FULL TIME CAREGIVER OF A FAMILY MEMBER
WITH A DISABILITY FROM WORK REQUIREMENTS-
`(i) IN GENERAL- Subject to clause (ii), a State may exempt an
adult recipient from the requirement to engage in work in accordance
with this section and may exclude the family of the recipient from the
determination required under subsection (b)(1)(B)(ii)
if--
`(I) there are no other adults in the family who are
able-bodied;
`(II) the recipient is the primary caregiver for a child with
a physical or mental disability or chronic illness (as defined by the
State), or for another family member with a physical or mental
disability or chronic illness (as so defined);
`(III) the State or locality administering the State program
funded under this part determines that the demands of caregiving do
not allow the recipient to obtain or retain employment of at least 30
hours per week; and
`(IV) the need to provide caregiving is specified in the
recipient's individual responsibility plan established under section
408(b) and reviewed not less than annually.
`(ii) LIMITATION- The average monthly number of families
excluded under clause (i) from the determination required under
subsection (b)(1)(B)(ii) shall not exceed 10 percent of the average
monthly number of families to which assistance is provided under the
State program funded under this part during the fiscal year or the
immediately preceding fiscal year (but not both), as the State may
elect.
`(iii) RULES OF CONSTRUCTION-
`(I) SOME WORK ACTIVITY- Nothing in this subparagraph shall be
construed as prohibiting a State from determining that, taking into
consideration the needs of the child or other family member with a
physical or mental disability or chronic illness, the adult recipient
caregiver can engage in some work activity, or another activity that
may lead to work, on a basis that is less than 30 hours a week. A
State may exclude the family of such a recipient from the
determination required under subsection (b)(l)(B)(ii) if the
individual meets the requirements specified in subclauses (I) through
(IV) of clause (i), but subject to the limitation under clause
(ii).
`(II) AUTHORITY TO EXEMPT OTHER RECIPIENT CAREGIVERS- Nothing
in this subparagraph shall be construed as prohibiting a State from
exempting from the work requirements under this section an adult
recipient who is a caregiver of a child or other family member with a
physical or mental disability or chronic illness but who does not meet
the requirements specified in subclauses (I) through (IV) of clause
(i), except that the State may not exclude the family of such a
recipient from the determination required under subsection
(b)(l)(B)(ii).'.
(i) LIMITATION ON PENALTY FOR FAILURE OF CERTAIN STATES TO SATISFY
WORK PARTICIPATION RATE- Section 409(a)(7)(B)(ii) (42 U.S.C. 609(a)(7)(B)(ii))
is amended by inserting `(or fails to meet such requirements but meets at
least 1 of the criteria for being considered a needy State under section
403(b)(3)(A))' after `year'.
TITLE III--FAMILY PROMOTION AND SUPPORT
SEC. 301. HEALTHY MARRIAGE PROMOTION GRANTS.
Section 403(a)(2) (42 U.S.C. 603(a)(2)) is amended to read as
follows:
`(2) HEALTHY MARRIAGE PROMOTION GRANTS-
`(i) IN GENERAL- The Secretary shall award grants to States,
Indian tribes, and nonprofit entities for not more than 75 percent of
the cost of developing and implementing demonstration projects to
promote stronger families, with an emphasis on the promotion of healthy
marriages, through the testing and evaluation of a wide variety of
approaches to strengthening families.
`(ii) MATCHING FUNDS- A State, Indian tribe, or nonprofit entity
awarded a grant under this paragraph shall provide non-Federal
contributions toward the costs of programs or activities supported with
funds provided under the grant in an amount equal to not less than 25
percent of the Federal funds provided under the grant. Such
contributions may be provided in cash or in kind, fairly valued,
including plant, equipment, or services.
`(B) HEALTHY MARRIAGE PROMOTION ACTIVITIES- Funds provided under a
grant awarded under this paragraph shall be used to support any of the
following programs or activities:
`(i) Public advertising campaigns on the value of marriage and
the skills needed to increase marital stability and
health.
`(ii) Voluntary marriage education and marriage skills programs
for nonmarried pregnant women and nonmarried expectant
fathers.
`(iii) Voluntary premarital education and marriage skills
training for engaged couples and for couples interested in
marriage.
`(iv) Voluntary marriage enhancement and marriage skills
training programs for married couples.
`(v) Marriage mentoring programs that use married couples as
role models and mentors in at-risk communities.
`(vi) Teen pregnancy prevention programs.
`(vii) Broad-based income support and supplementation
strategies, such as the strategies implemented under the demonstration
project authorized under section 22 of the Food Stamp Act of 1977 (7
U.S.C. 2031), that provide increased assistance to low-income working
families, such as housing, transportation, and transitional benefits,
and that do not exclude families from participation based on the number
of parents in the household.
`(viii) Development and dissemination of best practices for
addressing domestic and sexual violence as a barrier to economic
security, including caseworker training, technical assistance, and
voluntary services for victims.
`(C) SELECTION OF GRANTEES-
`(i) REQUIREMENT- The Secretary may not award a grant under this
paragraph unless the State, Indian tribe, or nonprofit entity receiving
the grant--
`(I) consults with national, State, local, or tribal
organizations with demonstrated expertise in working with survivors of
domestic violence; and
`(II) agrees to participate in the evaluation conducted under
subparagraph (D).
`(ii) PUBLIC COMMENT AND AVAILABILITY-
`(I) SELECTION CRITERIA- The Secretary shall promulgate
regulations detailing the criteria for awarding grants under this
paragraph and shall make such regulations available for a period of
public comment.
`(II) FUNDED APPLICATIONS- The Secretary shall make all grant
applications funded under this paragraph available to the
public.
`(i) IN GENERAL- The Director of the National Academy of
Sciences shall conduct, directly or through contracts, a rigorous
comprehensive evaluation of a representative sample of the programs and
activities described in subparagraph (B) and carried out with funds
provided under a grant made under this paragraph. The Director shall
seek public input on both the methods and measures to be used in the
evaluation.
`(ii) REQUIRED INFORMATION- The evaluation conducted under this
subparagraph shall, with respect to each program and activity described
in subparagraph (B), include measures of family structure, levels of
family conflict and violence, and child well-being (including measures
of health status, educational performance, food security, and family
income).
`(iii) FUNDING- $5,000,000 of the amount appropriated under
subparagraph (F) for each fiscal year shall be reserved for carrying out
the evaluation required under this subparagraph.
`(i) INITIAL REPORT ON GRANTS- Not later than September 30,
2005, the Secretary shall submit an initial report to Congress
describing the programs and activities funded under grants made under
this paragraph.
`(ii) INITIAL EVALUATION FINDINGS- Not later than September 30,
2006, the Director of the National Academy of Sciences shall submit a
report to Congress describing the initial findings of the evaluation
conducted under subparagraph (D).
`(iii) FINAL REPORTS- Not later than September 30, 2008, the
Secretary and the Director of the National Academy of Sciences shall
each submit final reports on the grants made under this paragraph and
the evaluation conducted under subparagraph (D),
respectively.
`(iv) GAO- Not later than September 30, 2006, the Comptroller
General of the United States shall submit a report to the Chairman and
Ranking Member of the Committee on Ways and Means of the House of
Representatives and the Chairman and Ranking Member of the Committee on
Finance of the Senate describing--
`(I) the process the Secretary used to award grants under this
paragraph;
`(II) the programs and activities supported by such funds;
and
`(II) the results of such programs and
activities.
`(F) APPROPRIATION- Out of any money in the Treasury of the United
States not otherwise appropriated, there is appropriated for each of
fiscal years 2003 through 2007, $200,000,000 for grants under this
paragraph.'.
SEC. 302. ABSTINENCE EDUCATION.
(a) EXTENSION OF ABSTINENCE EDUCATION FUNDING UNDER THE MATERNAL AND
CHILD HEALTH PROGRAM- Section 510(d) (42 U.S.C. 710(d)) is amended by striking
`2002' and inserting `2007'.
(b) GRANTS TO IMPLEMENT ABSTINENCE FIRST TEEN PREGNANCY PREVENTION
STRATEGIES-
(1) IN GENERAL- Title V (42 U.S.C. 701 et seq.) is amended by adding
at the end the following:
`GRANTS TO IMPLEMENT ABSTINENCE FIRST TEEN PREGNANCY PREVENTION
STRATEGIES
`SEC. 511. (a) AUTHORITY-
`(1) IN GENERAL- The Secretary shall award grants to States and
Indian tribes to implement teen pregnancy prevention strategies
that--
`(A) are abstinence-first (as defined in paragraph
(3)(A);
`(B) replicate or substantially incorporate the elements of 1 or
more teen pregnancy prevention programs, including certain youth
development programs and service learning programs, that have been proven
effective (on the basis of rigorous scientific research (as defined in
paragraph (3)(D));
`(C) delay or decrease sexual intercourse or sexual activity and
increase contraceptive use among sexually active teens or reduce teenage
pregnancies without increasing risky behavior; and
`(D) incorporate outreach or media programs.
`(2) DESIGN AND IMPLEMENTATION FLEXIBILITY- States and Indian tribes
shall have flexibility to determine how to design and implement teen
pregnancy prevention strategies under paragraph (1).
`(3) DEFINITIONS- In this section:
`(A) ABSTINENCE-FIRST- The term `abstinence-first' means a
strategy that strongly emphasizes abstinence as the best and only certain
way to avoid pregnancy and sexually transmitted infections and that
discusses the scientifically proven effectiveness, benefits, and
limitations of contraception technologies and other prevention approaches
in a manner that is medically accurate (as defined in subparagraph
(C)).
`(B) INDIAN TRIBE- The term `Indian tribe' has the meaning given
that term in section 419(4).
`(C) MEDICALLY ACCURATE- The term `medically accurate' means
information that is--
`(i) supported by research recognized as accurate and objective
by leading medical, psychological, psychiatric, or public health
organizations and agencies; and
`(ii) where relevant, is published in a peer-reviewed journal
(as defined by the American Medical Association).
`(D) RIGOROUS SCIENTIFIC RESEARCH- The term `rigorous scientific
research' means research that typically uses randomized control trials and
other similar strong experimental designs.
`(b) APPLICATION OF OTHER REQUIREMENTS- With respect to a grant made
under this section--
`(1) sections 503, 507, and 508 apply to the grant to the same
extent and in the same manner as such sections apply to allotments under
section 502(c); and
`(2) sections 505 and 506 apply to the grant to the extent
determined by the Secretary to be appropriate.
`(c) COMPARATIVE EVALUATION OF EDUCATION APPROACHES-
`(1) IN GENERAL- The Secretary shall, in consultation with an
advisory panel of researchers identified by the Board on Children, Youth,
and Families of the National Academy of Sciences, conduct an experimental,
independent evaluation, directly or through contract or interagency
agreement, that assesses the relative efficacy of the 2 approaches to
abstinence education established under section 510 and this
section.
`(2) DESIGN- The evaluation conducted under paragraph (1) shall be
designed to--
`(A) enable a comparison of the efficacy of a program that
precludes education about contraception with a similar program that
includes education about contraception and means of preventing the
transmission of HIV and sexually-transmitted diseases; and
`(B) measure key outcomes, including behaviors that put teens at
risk for unintended pregnancy and childbearing and for HIV and other
sexually transmitted diseases, such as sexual activity, contraceptive use,
condom use and patterns of sexual relationships.
`(3) REPORT- Not later than 5 years after the date of enactment of
this section, the Secretary shall submit a report to Congress that contains
the results of the evaluation conducted under paragraph (1).
`(1) IN GENERAL- Out of any money in the Treasury not otherwise
appropriated, there is appropriated to the Secretary for the purpose of
making grants under this section, $50,000,000 for each of fiscal years 2003
through 2007.
`(2) RESERVATION OF FUNDS- Of the amount appropriated under
paragraph (1) for a fiscal year, the Secretary shall reserve--
`(A) an amount equal to 1.5 percent of such amount for each such
fiscal year for the purpose of awarding grants to Indian tribes under this
section in such manner, and subject to such requirements as the Secretary,
in consultation with such tribes, determines appropriate;
and
`(B) up to $5,000,000 of such amount for each such fiscal year for
the purpose of conducting the evaluation required under subsection
(c).'.
(2) CONFORMING AMENDMENT- The heading for section 510 (42 U.S.C.
710) is amended by striking `SEPARATE PROGRAM FOR'.
SEC. 303. TEEN PREGNANCY PREVENTION RESOURCE CENTER.
Section 413 (42 U.S.C. 613) is amended by adding at the end the
following:
`(k) TEEN PREGNANCY PREVENTION RESOURCE CENTER-
`(A) IN GENERAL- The Secretary shall make a grant to a nationally
recognized, nonpartisan, nonprofit organization that meets the
requirements described in subparagraph (B) to establish and operate a
national teen pregnancy prevention resource center (in this subsection
referred to as the `Resource Center') to carry out the purposes and
activities described in paragraph (2).
`(B) REQUIREMENTS- The requirements described in this subparagraph
are the following:
`(i) The organization has at least 5 years of experience in
working with diverse sectors of society to reduce teen
pregnancy.
`(ii) The organization has a demonstrated ability to work with
and provide assistance to a broad range of individuals and entities,
including teens, parents, the entertainment and news media, State,
tribal, and local organizations, networks of teen pregnancy prevention
practitioners, businesses, faith and community leaders, and
researchers.
`(iii) The organization is research-based and has capabilities
in scientific analysis and evaluation.
`(iv) The organization has comprehensive knowledge and data
about teen pregnancy prevention strategies.
`(v) The organization has experiences operating a resource
center that carries out activities similar to the activities described
in paragraph (2)(B).
`(2) PURPOSES AND ACTIVITIES-
`(A) PURPOSES- The purposes of the Resource Center are
to--
`(i) provide information and technical assistance to States,
Indian tribes, local communities, and other public or private
organizations seeking to reduce rates of teen pregnancy;
and
`(ii) assist such entities in their efforts to work through all
forms of media to communicate effective messages about preventing teen
pregnancy, including messages that focus on abstinence, responsible
behavior, family communication, relationships, and
values.
`(B) ACTIVITIES- The Resource Center shall carry out the purposes
described in subparagraph (A) through the following
activities:
`(i) Synthesizing and disseminating research and information
regarding effective and promising practices to prevent teen
pregnancy.
`(ii) Developing and providing information on how to design and
implement effective programs to prevent teen pregnancy.
`(iii) Helping States, local communities, and other
organizations increase their knowledge of existing resources that can be
used to advance teen pregnancy prevention efforts.
`(iv) Linking organizations working to reduce teen pregnancy
with experts and peer groups, including the creation of technical
assistance networks.
`(v) Providing consultation and resources on how to reduce teen
pregnancy through a broad array of strategies, including enlisting the
help of various sectors of society such as parents, other adults (such
as coaches and mentors), community or faith-based groups, the
entertainment and news media, business, and other
teens.
`(vi) Working directly with individuals and organizations in the
entertainment industry to provide consultation and serve as a source of
factual information on issues related to teen pregnancy
prevention.
`(3) COLLABORATION WITH OTHER ORGANIZATIONS- The organization
operating the Resource Center shall collaborate with other nonprofit
organizations that have expertise and interest in teen pregnancy
prevention.
`(4) APPROPRIATIONS- Out of any money in the Treasury of the United
States not otherwise appropriated, there is appropriated to carry out this
subsection, $5,000,000 for each of fiscal years 2003 through
2007.'.
SEC. 304. RESPONSIBLE FATHERHOOD.
(a) NONCUSTODIAL PARENT EMPLOYMENT GRANT PROGRAM- Part D of title IV
(42 U.S.C. 651 et seq.) is amended by adding at the end the following:
`SEC. 469C. NONCUSTODIAL PARENT EMPLOYMENT GRANT PROGRAM.
`(a) DEFINITIONS- In this section:
`(1) ELIGIBLE STATE- The term `eligible State' means a State that
has obtained a commitment from at least 1 county within the State to
establish a supervised employment program to provide noncustodial parents
described in subsection (b) with an option to participate in that program
prior to a court entering a finding that the noncustodial parent is in
contempt of court for failure to pay a child support obligation.
`(2) SUPERVISED EMPLOYMENT PROGRAM- The term `supervised employment
program' means an employment program supervised by a court or administered
by the State agency responsible for administering the State plan under
section 454.
`(b) AUTHORITY TO AWARD GRANTS- Subject to the availability of
appropriations, the Secretary and the Secretary of Labor (in this subsection
referred to as the `Secretaries') jointly shall award grants to eligible
States for the purpose of establishing, in coordination with counties and
other local governments, supervised employment programs for noncustodial
parents who are determined by a court or the State agency responsible for
administering the State plan under section 454 to have a history of nonpayment
or irregular payment of child support obligations and are determined to be in
need of employment services in order to pay such child support obligations. A
noncustodial parent described in the preceding sentence who is an ex-offender
shall be eligible to participate in a program established with a grant made
under this subsection.
`(c) ADMINISTRATION- An eligible State that receives a grant under
this section may contract with a public, private, faith-based or
community-based organization to administer (in conjunction with the court of
jurisdiction or State agency responsible for administering the State plan
under section 454) the supervised employment program.
`(d) PROGRAM GOALS AND REQUIREMENT-
`(1) GOALS- The goals of a supervised employment program established
with funds made available under a grant made under this section shall
include the following:
`(A) To assist noncustodial parents described in subsection (b)
establish a pattern of regular child support payments by obtaining and
maintaining employment.
`(B) To increase the dollar amount and total number of child
support orders with collections.
`(C) To help noncustodial parents described in subsection (b)
improve relationships with their children.
`(2) REQUIREMENT- A supervised employment program established with
funds made available under a grant made under this section shall not permit
a noncustodial parent placed in the program to graduate from the program and
avoid penalties for failure to pay a child support obligation until the
noncustodial parent completes at least 6 months of continuous, timely
payment of the parent's child support obligations.
`(e) USE OF FUNDS- Services provided under a supervised employment
program established with funds made available under a grant made under this
section may include the following:
`(2) Supervised job search.
`(5) Court and child support liaison services.
`(6) Educational assessment.
`(7) Educational referrals.
`(8) Vocational assessment.
`(9) Counseling on responsible fatherhood and effective
parenting.
`(10) Support funds for services such as transportation or
short-term training.
`(11) Referral for support services.
`(12) Employment retention services.
`(13) Outreach to community agencies that provide bonding
programs.
`(14) Domestic violence services and health services.
`(1) IN GENERAL- The Secretaries shall determine the amount of each
grant to be awarded under this section, taking into account the number of
counties participating in an eligible State and the population of the
noncustodial parents to be served by the employment programs in that
State.
`(2) PRIORITY FOR CERTAIN PROGRAMS- In awarding grants under this
section, the Secretaries shall give priority to eligible States with
programs that are designed to target noncustodial parents whose income does
not exceed 150 percent of the poverty line (as defined in section 673(2) of
the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any
revision required by such section applicable to a family of the size
involved).
`(3) MATCHING REQUIREMENT-
`(A) IN GENERAL- The Secretaries may not award a grant to an
eligible State under this section unless the eligible State agrees that,
with respect to the costs to be incurred by the eligible State in
supporting the supervised employment program established with funds
provided under the grant, the State will make available non-Federal
contributions in an amount equal to 25 percent of the amount of Federal
funds paid to the State under such grant.
`(B) NON-FEDERAL CONTRIBUTIONS- In this paragraph, the term
`non-Federal contributions' includes contributions by the State and by
public and private entities that may be in cash or in kind, but does not
include any amounts provided by the Federal Government, or services
assisted or subsidized to any significant extent by the Federal Government
or any amount expended by a State before October 1, 2002.
`(g) APPLICATION- In order to receive a grant under this section, an
eligible State shall submit an application to the Secretaries, at such time
and in such manner as the Secretaries may require, and that includes the
following:
`(1) Evidence of an agreement between the State and 1 or more
counties to establish a supervised employment program that meets the
requirements of this section.
`(2) The number of potential noncustodial parents to be served by
the program.
`(3) The purposes specific to that State's program.
`(4) The income of the target population.
`(5) The amount of proposed grant funds to be awarded.
`(6) A certification that the State matching requirements of
subsection (f)(3) will be satisfied if the grant is awarded to that
State.
`(7) Such other information as the Secretaries deem
appropriate.
`(h) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated for making grants under this section, $25,000,000 for each of
fiscal years 2004 through 2007.'.
(b) POLICY REVIEWS AND DEMONSTRATION PROJECTS TO COORDINATE SERVICES
FOR LOW-INCOME, NONCUSTODIAL PARENTS- Part D of title IV (42 U.S.C. 651), as
amended by subsection (a), is further amended by adding at the end the
following:
`SEC. 469D. GRANTS TO CONDUCT POLICY REVIEWS AND DEMONSTRATION PROJECTS
TO COORDINATE SERVICES FOR LOW-INCOME, NONCUSTODIAL PARENTS.
`(a) POLICY REVIEWS- Subject to the availability of appropriations,
the Secretary shall make grants to States desiring to conduct policy reviews
and develop recommendations with the goals of--
`(1) obtaining and retaining employment, increasing child support
payments, and increasing the healthy involvement of low-income, noncustodial
parents with their children; and
`(2) coordinating services for low-income, noncustodial parents
among the different systems or programs in which such parents are involved,
including the criminal justice system, the State program funded under part
A, the State program funded under this part, and job training or employment
programs.
`(b) DEMONSTRATION PROJECTS-
`(1) IN GENERAL- The Secretary shall make grants to States desiring
to conduct a demonstration project for the purpose of--
`(A) testing innovative policies and to better coordinate policies
and services for low-income, noncustodial parents to accomplish the goals
described in subsection (a); or
`(B) if the State conducted a policy review with a grant made
under subsection (a) and desires to implement the recommendations of that
review, implementing such recommendations.
`(2) USE OF FUNDS- Funds made available under a grant made under
this subsection may be used to provide a wide variety of services to, and to
implement policies regarding, low-income, noncustodial parents, including
providing economic incentives (with or without penalty) to increase the
employment of such parents or to increase the amount of child support paid
by such parents.
`(c) APPLICATION- A State desiring to receive a grant to conduct a
policy review under subsection (a) or a grant to conduct a demonstration
project under subsection (b) shall submit an application to the Secretary at
such time, in such manner, and containing such information as the Secretary
may require.
`(d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated for making grants under this section, $25,000,000 for each of
fiscal years 2004 through 2007.'.
SEC. 305. SECOND CHANCE HOMES.
Section 403(a) (42 U.S.C. 603(a)), as amended by section 201(c)(2), is
amended by adding at the end the following:
`(7) GRANTS TO PROMOTE SECOND CHANCE HOMES-
`(A) AUTHORITY TO AWARD GRANTS-
`(i) IN GENERAL- The Secretary may award grants to eligible
entities to enable such eligible entities to carry out the activities
described in subparagraph (D).
`(ii) PROCESS- The Secretary shall award grants under this
paragraph on a competitive basis, after reviewing all applications
submitted under subparagraph (C).
`(i) IN GENERAL- To be eligible to receive a grant under this
paragraph, an entity shall be--
`(II) a unit of local government;
`(III) an Indian tribe; or
`(IV) a public or private nonprofit agency, organization, or
institution, or other nonprofit entity, including a nonprofit urban
Indian organization or an Indian group or community that is not an
Indian tribe.
`(ii) DEFINITION OF STATE- In this paragraph, the term `State'
means each 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 Mariana Islands.
`(i) IN GENERAL- An eligible entity that desires a grant under
this paragraph shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
shall reasonably require.
`(ii) PRIORITY- In awarding grants under this paragraph, the
Secretary shall give priority to an eligible entity that submits an
application--
`(I) proposing to establish a new second chance home,
especially in a rural area or tribal community;
`(II) proposing to collaborate with a nonprofit entity in
establishing, expanding, or enhancing a second chance home;
or
`(III) demonstrating that the eligible entity will use funds
provided under a grant made under this section (other than under this
paragraph) to support a portion of the operating costs of the
applicable second chance home.
`(i) IN GENERAL- An eligible entity that receives a grant under
this paragraph shall use such grant funds to establish, expand, or
enhance a second chance home.
`(ii) DEFINITION OF SECOND CHANCE HOME- In this paragraph, the
term `second chance home' means a community-based, adult-supervised
group home that provides young mothers and their children with a
supportive and supervised living arrangement in which such mothers are
required to learn parenting skills, including child development, family
budgeting, health and nutrition, and other skills to promote their
long-term economic independence and the well-being of their
children.
`(iii) REQUIREMENT- A second chance home that receives grant
funds under this paragraph shall provide services to mothers who are not
more than 23 years of age and their children.
`(E) MATCHING FUNDS- The Secretary shall not award a grant to an
eligible entity under this paragraph unless the eligible entity agrees
that, with respect to the costs to be incurred in carrying out the
activities for which the grant was awarded, the eligible entity will make
available non-Federal contributions in an amount equal to not less than 20
percent of the Federal funds provided under the grant. Such contributions
may be provided in cash or in kind, fairly valued, including plant,
equipment, or services.
`(F) DURATION- A grant shall be awarded under this paragraph for a
period of 5 years.
`(G) CONTRACT FOR EVALUATION-
`(i) IN GENERAL- The Secretary shall enter into a contract with
a public or private entity for the evaluation of the second chance homes
that are supported by grants awarded under this
paragraph.
`(ii) INFORMATION- The evaluation shall include the collection
of information about the relevant characteristics of individuals who
benefit from second chance homes such as those that are supported by
grant funds under this paragraph and what services provided by such
second chance homes are most beneficial to such
individuals.
`(I) IN GENERAL- The entity conducting the evaluation under
this subparagraph shall submit to Congress an interim report and a
final report in accordance with subclause (II) containing the results
of the evaluation.
`(aa) INTERIM REPORT- The interim report shall be submitted not
later than 2 years after the date on which the entity enters into a
contract.
`(bb) FINAL REPORT- The final report shall be submitted not later
than 5 years after the date on which the entity enters into a
contract.
`(iv) RESERVATION OF FUNDS- From amounts appropriated in
accordance with subparagraph (I) for fiscal year 2004, the Secretary
shall reserve $1,000,000 to carry out the evaluation required under this
subparagraph.
`(H) TECHNICAL ASSISTANCE-
`(i) IN GENERAL- From amounts appropriated under subparagraph
(I)(i), the Secretary may use an amount not to exceed $500,000 to enter
into a contract, with a public or private entity, for the provision of
technical assistance to eligible entities receiving grant funds under
this paragraph.
`(ii) CONFERENCES- The technical assistance provided under this
subparagraph may include conferences for the purpose of disseminating
information concerning best practices for second chance
homes.
`(I) AUTHORIZATION OF APPROPRIATIONS-
`(i) IN GENERAL- There is authorized to be appropriated to carry
out this paragraph, $33,000,000 for each of fiscal years 2004 through
2007.
`(ii) AVAILABILITY- Any amounts appropriated under the authority
of clause (i) shall remain available until expended.'.
TITLE IV--HEALTH COVERAGE
SEC. 401. 5-YEAR EXTENSION AND SIMPLIFICATION OF THE TRANSITIONAL
MEDICAL ASSISTANCE PROGRAM (TMA).
(a) OPTION OF CONTINUOUS ELIGIBILITY FOR 12 MONTHS; OPTION OF
CONTINUING COVERAGE FOR UP TO AN ADDITIONAL YEAR-
(1) OPTION OF CONTINUOUS ELIGIBILITY FOR 12 MONTHS BY MAKING
REPORTING REQUIREMENTS OPTIONAL- Section 1925(b) (42 U.S.C. 1396r-6(b)) is
amended--
(A) in paragraph (1), by inserting `, at the option of a State,'
after `and which';
(B) in paragraph (2)(A), by inserting `Subject to subparagraph
(C):' after `(A) NOTICES- ';
(C) in paragraph (2)(B), by inserting `Subject to subparagraph
(C):' after `(B) REPORTING REQUIREMENTS- ';
(D) by adding at the end the following new
subparagraph:
`(C) STATE OPTION TO WAIVE NOTICE AND REPORTING REQUIREMENTS- A
State may waive some or all of the reporting requirements under clauses
(i) and (ii) of subparagraph (B). Insofar as it waives such a reporting
requirement, the State need not provide for a notice under subparagraph
(A) relating to such requirement.'; and
(E) in paragraph (3)(A)(iii), by inserting `the State has not
waived under paragraph (2)(C) the reporting requirement with respect to
such month under paragraph (2)(B) and if' after `6-month period
if'.
(2) STATE OPTION TO EXTEND ELIGIBILITY FOR LOW-INCOME INDIVIDUALS
FOR UP TO 12 ADDITIONAL MONTHS- Section 1925 (42 U.S.C. 1396r-6) is further
amended--
(A) by redesignating subsections (c) through (f) as subsections
(d) through (g), respectively; and
(B) by inserting after subsection (b) the following new
subsection:
`(c) STATE OPTION OF UP TO 12 MONTHS OF ADDITIONAL ELIGIBILITY-
`(1) IN GENERAL- Notwithstanding any other provision of this title,
each State plan approved under this title may provide, at the option of the
State, that the State shall offer to each family which received assistance
during the entire 6-month period under subsection (b) and which meets the
applicable requirement of paragraph (2), in the last month of the period the
option of extending coverage under this subsection for the succeeding period
not to exceed 12 months.
`(2) INCOME RESTRICTION- The option under paragraph (1) shall not be
made available to a family for a succeeding period unless the State
determines that the family's average gross monthly earnings (less such costs
for such child care as is necessary for the employment of the caretaker
relative) as of the end of the 6-month period under subsection (b) does not
exceed 185 percent of the official poverty line (as defined by the Office of
Management and Budget, and revised annually in accordance with section
673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a
family of the size involved.
`(3) APPLICATION OF EXTENSION RULES- The provisions of paragraphs
(2), (3), (4), and (5) of subsection (b) shall apply to the extension
provided under this subsection in the same manner as they apply to the
extension provided under subsection (b)(1), except that for purposes of this
subsection--
`(A) any reference to a 6-month period under subsection (b)(1) is
deemed a reference to the extension period provided under paragraph (1)
and any deadlines for any notices or reporting and the premium payment
periods shall be modified to correspond to the appropriate calendar
quarters of coverage provided under this subsection; and
`(B) any reference to a provision of subsection (a) or (b) is
deemed a reference to the corresponding provision of subsection (b) or of
this subsection, respectively.'.
(b) STATE OPTION TO WAIVE RECEIPT OF MEDICAID FOR 3 OF PREVIOUS 6
MONTHS TO QUALIFY FOR TMA- Section 1925(a)(1) (42 U.S.C. 1396r-6(a)(1)) is
amended by adding at the end the following: `A State may, at its option, also
apply the previous sentence in the case of a family that was receiving such
aid for fewer than 3 months, or that had applied for and was eligible for such
aid for fewer than 3 months, during the 6 immediately preceding months
described in such sentence.'.
(c) 5-YEAR EXTENSION OF SUNSET FOR TMA-
(1) IN GENERAL- Subsection (g) of section 1925 (42 U.S.C. 1396r-6),
as redesignated under subsection (a)(2)(A), is further redesignated as
subsection (i) and is amended by striking `2002' and inserting
`2007'.
(2) CONFORMING AMENDMENT- Section 1902(e)(1)(B) (42 U.S.C.
1396a(e)(1)(B)) is amended by striking `2002' and inserting
`2007'.
(d) CMS REPORT ON ENROLLMENT AND PARTICIPATION RATES UNDER TMA-
Section 1925 (42 U.S.C. 1396r-6), as amended by subsections (a)(2)(A) and (c),
is amended by inserting after subsection (f) the following:
`(g) ADDITIONAL PROVISIONS-
`(1) COLLECTION AND REPORTING OF PARTICIPATION INFORMATION- Each
State shall--
`(A) collect and submit to the Secretary, in a format specified by
the Secretary, information on average monthly enrollment and average
monthly participation rates for adults and children under this section;
and
`(B) make such information publicly available.
Such information shall be submitted under subparagraph (A) at the
same time and frequency in which other enrollment information under this
title is submitted to the Secretary. Using such information, the Secretary
shall submit to Congress annual reports concerning such rates.'.
(e) COORDINATION OF WORK- Section 1925(g) (42 U.S.C. 1396r-6(g)), as
added by subsection (d), is amended by adding at the end the following new
paragraph:
`(2) COORDINATION WITH ADMINISTRATION FOR CHILDREN AND FAMILIES- The
Administrator of the Centers for Medicare & Medicaid Services, in
carrying out this section, shall work with the Assistant Secretary for the
Administration for Children and Families to develop guidance or other
technical assistance for States regarding best practices in guaranteeing
access to transitional medical assistance under this section.'.
(f) ELIMINATION OF TMA REQUIREMENT FOR STATES THAT EXTEND COVERAGE TO
CHILDREN AND PARENTS THROUGH 185 PERCENT OF POVERTY-
(1) IN GENERAL- Section 1925 (42 U.S.C. 1396r-6) is further amended
by inserting after subsection (g), as added by subsection (d), the
following:
`(h) PROVISIONS OPTIONAL FOR STATES THAT EXTEND COVERAGE TO CHILDREN
AND PARENTS THROUGH 185 PERCENT OF POVERTY- A State may meet (but is not
required to meet) the requirements of subsections (a) and (b) if it provides
for medical assistance under section 1931 to families (including both children
and caretaker relatives) the average gross monthly earning of which (less such
costs for such child care as is necessary for the employment of a caretaker
relative) is at or below a level that is at least 185 percent of the official
poverty line (as defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Omnibus Budget
Reconciliation Act of 1981) applicable to a family of the size
involved.'.
(2) CONFORMING AMENDMENTS- Section 1925 (42 U.S.C. 1396r-6) is
further amended, in subsections (a)(1) and (b)(1), by inserting `, but
subject to subsection (h),' after `Notwithstanding any other provision of
this title,' each place it appears.
(g) REQUIREMENT OF NOTICE FOR ALL FAMILIES LOSING TANF- Subsection
(a)(2) of section 1925 (42 U.S.C. 1396r-6) is amended by adding at the end the
following flush sentences:
`Each State shall provide, to families whose aid under part A or E
of title IV has terminated but whose eligibility for medical assistance
under this title continues, written notice of their ongoing eligibility for
such medical assistance. If a State makes a determination that any member of
a family whose aid under part A or E of title IV is being terminated is also
no longer eligible for medical assistance under this title, the notice of
such determination shall be supplemented by a 1-page notification form
describing the different ways in which individuals and families may qualify
for such medical assistance and explaining that individuals and families do
not have to be receiving aid under part A or E of title IV in order to
qualify for such medical assistance. Such notice shall further be
supplemented by information on how to apply for child health assistance
under the State children's health insurance program under title XXI and how
to apply for medical assistance under this title.'.
(h) EXTENDING USE OF OUTSTATIONED WORKERS TO ACCEPT APPLICATIONS FOR
TRANSITIONAL MEDICAL ASSISTANCE- Section 1902(a)(55) (42 U.S.C. 1396a(a)(55))
is amended by inserting `and under section 1931' after
`(a)(10)(A)(ii)(IX)'.
(1) IN GENERAL- Except as provided in this subsection, the
amendments made by this section shall apply to calendar quarters beginning
on or after October 1, 2002, without regard to whether or not final
regulations to carry out such amendments have been promulgated by such
date.
(2) NOTICE- The amendment made by subsection (g) shall take effect 6
months after the date of enactment of this Act.
(3) DELAY PERMITTED FOR STATE PLAN AMENDMENT- In the case of a State
plan for medical assistance under title XIX of the Social Security Act which
the Secretary of Health and Human Services determines requires State
legislation (other than legislation appropriating funds) in order for the
plan to meet the additional requirements imposed by the amendments made by
this section, the State plan shall not be regarded as failing to comply with
the requirements of such title solely on the basis of its failure to meet
these additional requirements before 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 Act. 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. 402. OPTIONAL COVERAGE OF LEGAL IMMIGRANTS UNDER THE MEDICAID
PROGRAM AND TITLE XXI.
(a) MEDICAID PROGRAM- Section 1903(v) (42 U.S.C. 1396b(v)) is
amended--
(1) in paragraph (1), by striking `paragraph (2)' and inserting
`paragraphs (2) and (4)'; and
(2) by adding at the end the following:
`(4)(A) A State may elect (in a plan amendment under this title) to
provide medical assistance under this title (including under a waiver
authorized by the Secretary), notwithstanding sections 401(a), 402(b), 403,
and 421 of the Personal Responsibility and Work Opportunity Reconciliation Act
of 1996, for aliens who are lawfully residing in the United States (including
battered aliens described in section 431(c) of such Act) and who are otherwise
eligible for such assistance, within any of the following eligibility
categories:
`(i) PREGNANT WOMEN- Women during pregnancy (and during the 60-day
period beginning on the last day of the pregnancy).
`(ii) CHILDREN- Children (as defined under such plan), including
optional targeted low-income children described in section
1905(u)(2)(B).
`(B) In the case of a State that has elected to provide medical
assistance to a category of aliens under subparagraph (A), no debt shall
accrue under an affidavit of support against any sponsor of such an alien on
the basis of provision of assistance to such category and the cost of such
assistance shall not be considered as an unreimbursed cost.'.
(b) TITLE XXI- Section 2107(e)(1) (42 U.S.C. 1397gg(e)(1)) is amended
by adding at the end the following:
`(E) Section 1903(v)(4) (relating to optional coverage of
categories of lawful resident alien pregnant women and children), but only
with respect to an eligibility category under this title, if the same
eligibility category has been elected under such section for purposes of
title XIX.'.
(c) EFFECTIVE DATE- The amendments made by this section take effect on
October 1, 2002, and apply to medical assistance and child health assistance
furnished on or after such date, whether or not regulations implementing such
amendments have been issued.
SEC. 403. CLARIFICATION OF AUTHORITY OF STATES AND LOCAL AUTHORITIES TO
PROVIDE HEALTH CARE TO IMMIGRANTS.
(a) IN GENERAL- Section 411 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621) is amended--
(A) by striking paragraphs (1) and (3); and
(B) by redesignating paragraphs (2) and (4) as paragraphs (1) and
(2), respectively; and
(i) in the matter preceding subparagraph (A), by striking `(2)
and (3)' and inserting `(2), (3), and (4)'; and
(ii) in subparagraph (B), by striking `health,';
and
(B) by adding at the end the following new paragraph
`(4) Such term does not include any health benefit for which
payments or assistance are provided to an individual, household, or family
eligibility unit by an agency of a State or local government or by
appropriated funds of a State or local government.'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall apply
to health care furnished before, on, or after the date of enactment of this
Act.
SEC. 404. CLARIFICATION OF NO VERIFICATION REQUIREMENT FOR NONPROFIT
CHARITABLE ORGANIZATIONS.
Section 432(d) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1642(d)) is amended--
(1) by striking `Subject to subsection (a), a' and inserting
`A';
(2) by striking `is not' and inserting `shall not be';
and
(3) by inserting `or under section 1137 of the Social Security Act
(42 U.S.C. 1320b-7)' after `this title'.
TITLE V--CHILD SUPPORT AND CHILD WELFARE
SEC. 501. DISTRIBUTION OF CHILD SUPPORT COLLECTED BY STATES.
(a) MODIFICATION OF RULE REQUIRING ASSIGNMENT OF SUPPORT RIGHTS AS A
CONDITION OF RECEIVING TANF- Section 408(a)(3) (42 U.S.C. 608(a)(3)) is
amended to read as follows:
`(3) NO ASSISTANCE FOR FAMILIES NOT ASSIGNING CERTAIN SUPPORT RIGHTS
TO THE STATE- A State to which a grant is made under section 403 shall
require, as a condition of paying assistance to a family under the State
program funded under this part, that a member of the family assign to the
State any right the family member may have (on behalf of the family member
or of any other person for whom the family member has applied for or is
receiving such assistance) to support from any other person, not exceeding
the total amount of assistance so paid to the family, which accrues during
the period that the family receives assistance under the
program.'.
(b) INCREASING CHILD SUPPORT PAYMENTS TO FAMILIES AND SIMPLIFYING
CHILD SUPPORT DISTRIBUTION RULES-
(A) IN GENERAL- Section 457(a) (42 U.S.C. 657(a)) is amended to
read as follows:
`(a) IN GENERAL- Subject to subsections (e) and (f), the amounts
collected on behalf of a family as support by a State pursuant to a plan
approved under this part shall be distributed as follows:
`(1) FAMILIES RECEIVING ASSISTANCE- In the case of a family
receiving assistance from the State, the State shall--
`(A) pay to the Federal Government the Federal share of the amount
collected, subject to paragraph (3)(A);
`(B) retain, or pay to the family, the State share of the amount
collected, subject to paragraph (3)(B); and
`(C) pay to the family any remaining amount.
`(2) FAMILIES THAT FORMERLY RECEIVED ASSISTANCE- In the case of a
family that formerly received assistance from the State:
`(A) CURRENT SUPPORT- To the extent that the amount collected does
not exceed the current support amount, the State shall pay the amount to
the family.
`(B) ARREARAGES- Except as otherwise provided in an election made
under section 454(34), to the extent that the amount collected exceeds the
current support amount, the State--
`(i) shall first pay to the family the excess amount, to the
extent necessary to satisfy support arrearages not assigned pursuant to
section 408(a)(3);
`(ii) if the amount collected exceeds the amount required to be
paid to the family under clause (i), shall--
`(I) pay to the Federal Government, the Federal share of the
excess amount described in this clause, subject to paragraph (3)(A);
and
`(II) retain, or pay to the family, the State share of the
excess amount described in this clause, subject to paragraph (3)(B);
and
`(iii) shall pay to the family any remaining
amount.
`(A) FEDERAL REIMBURSEMENTS- The total of the amounts paid by the
State to the Federal Government under paragraphs (1) and (2) of this
subsection with respect to a family shall not exceed the Federal share of
the amount assigned with respect to the family pursuant to section
408(a)(3).
`(B) STATE REIMBURSEMENTS- The total of the amounts retained by
the State under paragraphs (1) and (2) of this subsection with respect to
a family shall not exceed the State share of the amount assigned with
respect to the family pursuant to section 408(a)(3).
`(4) FAMILIES THAT NEVER RECEIVED ASSISTANCE- In the case of any
other family, the State shall pay the amount collected to the
family.
`(5) FAMILIES UNDER CERTAIN AGREEMENTS- Notwithstanding paragraphs
(1) through (3), in the case of an amount collected for a family in
accordance with a cooperative agreement under section 454(33), the State
shall distribute the amount collected pursuant to the terms of the
agreement.
`(6) STATE FINANCING OPTIONS- To the extent that the State's share
of the amount payable to a family pursuant to paragraph (2)(B) of this
subsection exceeds the amount that the State estimates (under procedures
approved by the Secretary) would have been payable to the family pursuant to
former section 457(a)(2)(B) (as in effect for the State immediately before
the date this subsection first applies to the State) if such former section
had remained in effect, the State may elect to use the grant made to the
State under section 403(a) to pay the amount, or to have the payment
considered a qualified State expenditure for purposes of section
409(a)(7)(B)(i), but not both.
`(7) STATE OPTION TO PASS THROUGH ADDITIONAL SUPPORT WITH FEDERAL
COST-SHARING-
`(A) IN GENERAL- Notwithstanding paragraph (2), a State shall not
be required to pay to the Federal Government the Federal share of an
amount collected on behalf of a family that formerly received assistance
under the State program funded under part A, to the extent that the State
pays the amount to the family.
`(B) RECIPIENTS OF TANF FOR LESS THAN 5 YEARS-
`(i) IN GENERAL- Notwithstanding paragraph (1), a State shall
not be required to pay to the Federal Government the Federal share of an
amount collected on behalf of a family that is a recipient of assistance
under the State program funded under part A and, if the family includes
an adult, that has received the assistance for not more than 5 years
after the date of enactment of this paragraph, to the extent
that--
`(I) the State pays the amount to the family;
and
`(II) subject to clause (ii), the amount is disregarded in
determining the amount and type of the assistance provided to the
family.
`(ii) LIMITATION- Of the amount disregarded as described in
clause (i)(II), the maximum amount that may be taken into account for
purposes of clause (i) shall not exceed $400 per month, except that, in
the case of a family that includes 2 or more children, the State may
elect to increase the maximum amount to not more than $600 per
month.
`(8) STATES WITH DEMONSTRATION WAIVERS- Notwithstanding the
preceding paragraphs, a State with a waiver under section 1115, effective on
or before October 1, 1997, the terms of which allow pass-through of child
support payments, may pass through payments in accordance with such terms
with respect to families subject to the waiver.'.
(B) STATE PLAN TO INCLUDE ELECTION AS TO WHICH RULES TO APPLY IN
DISTRIBUTING CHILD SUPPORT ARREARAGES COLLECTED ON BEHALF OF FAMILIES
FORMERLY RECEIVING ASSISTANCE- Section 454 (42 U.S.C. 654) is
amended--
(i) by striking `and' at the end of paragraph
(32);
(ii) by striking the period at the end of paragraph (33) and
inserting `; and'; and
(iii) by inserting after paragraph (33) the
following:
`(34) include an election by the State to apply section 457(a)(2)(B)
of this Act or former section 457(a)(2)(B) of this Act (as in effect for the
State immediately before the date this paragraph first applies to the State)
to the distribution of the amounts which are the subject of such sections,
and for so long as the State elects to so apply such former section, the
amendments made by subsection (e) of section 501 of the Work, Opportunity,
and Responsibility for Kids Act of 2002 shall not apply with respect to the
State, notwithstanding subsection (f)(1) of such section 501.'.
(C) APPROVAL OF ESTIMATION PROCEDURES- Not later than October 1,
2003, the Secretary of Health and Human Services, in consultation with the
States (as defined for purposes of part D of title IV of the Social
Security Act), shall establish the procedures to be used to make the
estimate described in section 457(a)(6) of such Act.
(2) CURRENT SUPPORT AMOUNT DEFINED- Section 457(c) (42 U.S.C.
657(c)) is amended by adding at the end the following:
`(5) CURRENT SUPPORT AMOUNT- The term `current support amount'
means, with respect to amounts collected as support on behalf of a family,
the amount designated as the monthly support obligation of the noncustodial
parent in the order requiring the support.'.
(c) BAN ON RECOVERY OF MEDICAID COSTS FOR CERTAIN BIRTHS-
(1) IN GENERAL- Section 454 (42 U.S.C. 654) as amended by subsection
(b)(1)(B), is amended--
(A) by striking `and' at the end of paragraph (33);
(B) by striking the period at the end of paragraph (34) and
inserting `; and'; and
(C) by inserting after paragraph (34) the following:
`(35) provide that the State shall not use the State program
operated under this part to collect any amount owed to the State by reason
of costs incurred under the State plan approved under title XIX for the
birth of a child for whom support rights have been assigned pursuant to
section 408(a)(3), 471(a)(17), or 1912.'.
(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take
effect on October 1, 2004.
(d) STATE OPTION TO DISCONTINUE PRE-1997 SUPPORT ASSIGNMENTS- Section
457(b) (42 U.S.C. 657(b)) is amended by striking `shall' and inserting
`may'.
(e) CONFORMING AMENDMENTS- Section 404(a) (42 U.S.C. 604(a)) is
amended--
(1) by striking `or' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and inserting
`; or'; and
(3) by adding at the end the following:
`(3) to fund payment of an amount pursuant to clause (i) or (ii) of
section 457(a)(2)(B), but only to the extent that the State properly elects
under section 457(a)(6) to use the grant to fund the payment.'.
(1) IN GENERAL- The amendments made by this section shall take
effect on October 1, 2006, and shall apply to payments under parts A and D
of title IV of the Social Security Act for calendar quarters beginning on or
after such date, and without regard to whether regulations to implement such
amendments (in the case of State programs operated under such part D) are
promulgated by such date.
(2) STATE OPTION TO ACCELERATE EFFECTIVE DATE- A State may elect to
have the amendments made by this section apply to the State and to amounts
collected by the State, on and after such date as the State may select that
is after the date of enactment of this Act and before October 1,
2006.
SEC. 502. MANDATORY REVIEW AND ADJUSTMENT OF CHILD SUPPORT ORDERS FOR
FAMILIES RECEIVING TANF.
(a) IN GENERAL- Section 466(a)(10)(A)(i) (42 U.S.C. 666(a)(10)(A)(i))
is amended--
(1) by striking `parent, or,' and inserting `parent or';
and
(2) by striking `upon the request of the State agency under the
State plan or of either parent,'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take
effect on October 1, 2004.
SEC. 503. DECREASE IN AMOUNT OF CHILD SUPPORT ARREARAGE TRIGGERING
PASSPORT DENIAL.
Section 452(k)(1) (42 U.S.C. 652(k)(1)) is amended by striking
`$5,000' and inserting `$2,500'.
SEC. 504. USE OF TAX REFUND INTERCEPT PROGRAM TO COLLECT PAST-DUE CHILD
SUPPORT ON BEHALF OF CHILDREN WHO ARE NOT MINORS.
Section 464 (42 U.S.C. 664) is amended--
(1) in subsection (a)(2)(A), by striking `(as that term is defined
for purposes of this paragraph under subsection (c))'; and
(i) by striking `(1) Except as provided in paragraph (2), as
used in' and inserting `In'; and
(ii) by inserting `(whether or not a minor)' after `a child'
each place it appears; and
(B) by striking paragraphs (2) and (3).
SEC. 505. FINANCING REVIEW AND ADMINISTRATIVE FUNDING.
Section 455 (42 U.S.C. 655) is amended by adding at the end the
following:
`(g)(1) In addition to any other payments made to a State under this
part, the Secretary shall pay each State an amount determined in accordance
with paragraph (2) for fiscal year 2003 to carry out any of the following
activities:
`(A) To review State policies on collecting fees under the State
program operated under the State plan approved under this part.
`(B) To review the distribution options provided under section
457(a) (as amended by section 501(b)(1)(A) of the Work, Opportunity, and
Responsibility for Kids Act of 2002), and, if a State elects such options,
to prepare for the implementation of the options.
`(C) To update automated systems to conform with requirements of the
State program operated under the State plan approved under this part,
including as amended by the Work, Opportunity, and Responsibility for Kids
Act of 2002.
`(D) To improve customer service under such State
program.
`(E) To examine the causes of, and propose solutions for,
undistributed collections under such State program.
`(F) To examine the buildup of arrears and approaches to arrears
management under such State program.
`(G) To develop approaches to improving interstate collections of
child support obligations.
`(H) To develop approaches to improving the percentage of cases
under such State program with an established order for child
support.
`(I) To review the review and adjustment policies under such program
and the State program funded under part A for families receiving assistance
or services under the State program funded under part A.
`(2)(A) Subject to subparagraph (B), the Secretary shall determine the
amount of each payment to a State under this subsection for fiscal year 2003
based on the proportion of cases under the State program operated under the
State plan approved under this part for the most recent fiscal year for which
data is available, as compared to all such cases in all States for that fiscal
year.
`(B) No State shall receive a payment under this subsection for fiscal
year 2003 that is less than $750,000.
`(3) Out of any money in the Treasury of the United States not
otherwise appropriated, there is appropriated for fiscal year 2003,
$50,000,000 for making payments to States under this subsection.'.
SEC. 506. ADOPTION OF UNIFORM STATE LAWS.
(a) IN GENERAL- Section 466(f) (42 U.S.C. 666(f)) is amended--
(1) by striking `January 1, 1998' and inserting `October 1, 2004';
and
(2) by striking `August 22, 1996' and inserting `January 1,
2002'.
(b) FULL FAITH AND CREDIT FOR CHILD SUPPORT ORDERS- Section 1738B of
title 28, United States Code, is amended--
(1) by striking subsection (d) and inserting the
following:
`(d) CONTINUING EXCLUSIVE JURISDICTION-
`(1) IN GENERAL- Subject to paragraph (2), a court of a State that
has made a child support order consistently with this section has
continuing, exclusive jurisdiction to modify its order if the order is the
controlling order and--
`(A) the State is the child's State or the residence of any
individual contestant; or
`(B) if the State is not the residence of the child or an
individual contestant, the contestants consent in a record or in open
court that the court may continue to exercise jurisdiction to modify its
order.
`(2) REQUIREMENT- A court may not exercise its continuing, exclusive
jurisdiction to modify the order if the court of another State, acting in
accordance with subsections (e) and (f), has made a modification of the
order.';
(2) in subsection (e)(2)--
(A) in subparagraph (A), by striking `because' and all that
follows through the semicolon and inserting `pursuant to paragraph (1) or
(2) of subsection (d);' and
(B) in subparagraph (B), by inserting `with jurisdiction over at
least 1 of the individual contestants or that is located in the child's
State' after `another State';
(A) in the subsection heading, by striking `RECOGNITION OF' and
inserting `DETERMINATION OF CONTROLLING';
(B) in the matter preceding paragraph (1), by striking `shall
apply' and all that follows through the colon and inserting `having
personal jurisdiction over both individual contestants shall apply the
following rules and by order shall determine which order
controls:'
(C) in paragraph (1), by striking `must be' and inserting
`controls and must be so';
(D) in paragraph (2), by striking `must be recognized' and
inserting `controls';
(E) in paragraph (3), by striking `must be recognized' each place
it appears and inserting `controls';
(i) by striking `may' and inserting `shall';
and
(ii) by striking `must be recognized' and inserting `controls';
and
(G) by striking paragraph (5);
(4) by striking subsection (g) and inserting the
following:
`(g) ENFORCEMENT OF MODIFIED ORDERS- If a child support order issued
by a court of a State is modified by a court of another State which properly
assumed jurisdiction, the issuing court--
`(1) may enforce its order that was modified only as to arrears and
interest accruing before the modification;
`(2) may provide appropriate relief for violations of its order
which occurred before the effective date of the modification; and
`(3) shall recognize the modifying order of the other State for the
purpose of enforcement.';
(A) in paragraph (1), by striking `and (3)' and inserting `, (3),
and (4)';
(B) in paragraph (2), by inserting `the computation and payment of
arrearages, and the accrual of interest on the arrearages,' after
`obligations of support,'; and
(C) by adding at the end the following:
`(4) PROSPECTIVE APPLICATION- After a court determines which is the
controlling order and issues an order consolidating arrears, if any, a court
shall prospectively apply the law of the State issuing the controlling
order, including that State's law with respect to interest on arrears,
current and future support, and consolidated arrears.'; and
(6) in subsection (i), by inserting `and subsection (d)(2) does not
apply' after `issuing State'.
SEC. 507. TRIBAL CHILD SUPPORT ENFORCEMENT PROGRAMS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Health and Human Services shall promulgate final regulations for
making direct payments to Indian tribes and tribal organizations under section
455(f) of the Social Security Act (42 U.S.C. 655(f)).
SEC. 508. REPORT ON UNDISTRIBUTED CHILD SUPPORT PAYMENTS.
Not later than 6 months after the date of enactment of this Act, the
Secretary of Health and Human Services shall submit to the Committee on Ways
and Means of the House of Representatives and the Committee on Finance of the
Senate a report on the procedures that the States use generally to locate
custodial parents for whom child support has been collected but not yet
distributed. The report shall include an estimate of the total amount of such
undistributed child support and the average length of time it takes for such
child support to be distributed. To the extent the Secretary deems
appropriate, the Secretary shall include in the report recommendations as to
whether additional procedures should be established at the Federal or State
level to expedite the payment of undistributed child support.
SEC. 509. USE OF NEW HIRE INFORMATION TO ASSIST IN ADMINISTRATION OF
UNEMPLOYMENT COMPENSATION PROGRAMS.
(a) IN GENERAL- Section 453(j) (42 U.S.C. 653(j)) is amended by adding
at the end the following:
`(7) INFORMATION COMPARISONS AND DISCLOSURE TO ASSIST IN
ADMINISTRATION OF UNEMPLOYMENT COMPENSATION PROGRAMS-
`(A) IN GENERAL- If a State agency responsible for the
administration of an unemployment compensation program under Federal or
State law transmits to the Secretary the name and social security account
number of an individual, the Secretary shall, if the information in the
National Directory of New Hires indicates that the individual may be
employed, disclose to the State agency the name, address, and employer
identification number of any putative employer of the individual, subject
to this paragraph.
`(B) CONDITION ON DISCLOSURE- The Secretary shall make a
disclosure under subparagraph (A) only to the extent that the Secretary
determines that the disclosure would not interfere with the effective
operation of the program under this part.
`(C) USE OF INFORMATION- A State agency may use information
provided under this paragraph only for purposes of administering a program
referred to in subparagraph (A).'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take
effect on October 1, 2002.
SEC. 510. ANNUAL REPORT ON PERFORMANCE OF STATE CHILD SUPPORT
PROGRAMS.
Beginning on January 1, 2003, and annually thereafter, the Secretary
of Health and Human Services shall submit to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance of the Senate a
report regarding the performance of State child support programs funded under
part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.).
SEC. 511. EXTENSION OF AUTHORITY TO APPROVE DEMONSTRATION
PROJECTS.
Section 1130(a)(2) (42 U.S.C. 1320a-9(a)(2)) is amended by striking
`2002' and inserting `2007'.
SEC. 512. PROHIBITION OF LIMIT ON NUMBER OF WAIVERS OR DEMONSTRATION
PROJECTS THAT MAY BE GRANTED TO A SINGLE STATE.
Section 1130 (42 U.S.C. 1320a-9) is amended by adding at the end the
following:
`(h) NO LIMIT ON NUMBER OF WAIVERS GRANTED TO, OR DEMONSTRATION
PROJECTS THAT MAY BE CONDUCTED BY, A SINGLE STATE- The Secretary shall not
impose any limit on the number of waivers that may be granted to a State, or
the number of demonstration projects that a State may be authorized to
conduct, under this section.'.
TITLE VI--TRIBAL ISSUES
SEC. 601. TRIBAL TANF PROGRAMS.
(a) FINDINGS- Congress makes the following findings:
(1) The Federal Government bears a unique trust responsibility for
Indian tribes.
(2) Despite this responsibility, Indians remain remarkably
impoverished. According to the Bureau of the Census, 25.9 percent of
American Indians live in poverty, more than twice the national poverty rate.
The average household income for Indians in 2000 was only 75 percent of that
of the rest of Americans.
(3) In some States with substantial Indian populations, the
percentage of the welfare caseload that is made up of Indians has increased
since the enactment of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 because some Indians face substantial barriers in
their moving from welfare to work.
(4) A General Accounting Office review of data from the Bureau of
the Census found that 25 of the 26 counties in the United States with a
majority of American Indians had poverty rates `significantly' higher than
average.
(5) Many Indian tribes are located in isolated rural areas that lack
sufficient economic opportunities, including jobs and economic development,
transportation services, child care, and other services necessary to ensure
a successful transition from welfare to work.
(6) Tribal temporary assistance to needy families programs have
demonstrated remarkable success in moving Indians from welfare to
work.
(7) Tribal governments, unlike State governments, have not been
afforded an opportunity to administer and fully participate in the Federal
entitlement program for foster care and adoption assistance, a program
Congress recognizes as an important component of welfare
services.
(8) Welfare reform has not brought enough change to Indian Country.
Welfare reform has not, and will not, succeed unless it adequately addresses
the unique barriers many Indians face in moving from welfare to
work.
(b) FUNDING FOR TRIBAL TANF PROGRAMS-
(1) REAUTHORIZATION OF TRIBAL FAMILY ASSISTANCE GRANTS- Section
412(a)(1)(A) (42 U.S.C. 612(a)(1)(A)) is amended by striking `1997' and all
that follows through `2002' and inserting `2003 through 2007'.
(2) TRIBAL TANF IMPROVEMENT FUND- Section 412(a) (42 U.S.C. 612(a))
is amended by striking paragraph (2) and inserting the following:
`(2) TRIBAL TANF IMPROVEMENT GRANTS-
`(A) TRIBAL CAPACITY GRANTS-
`(i) IN GENERAL- Of the amount appropriated under subparagraph
(D) for the period of fiscal years 2003 through 2006, $35,000,000 shall
be used by the Secretary to award grants for tribal human services
program infrastructure improvement (as defined in clause (v))
to--
`(I) Indian tribes that have applied for approval of a tribal
family assistance plan and that meet the requirements of clause
(ii)(I);
`(II) Indian tribes with an approved tribal family assistance
plan and that meet the requirements of clause (ii)(II);
and
`(III) Indian tribes that have applied for approval of a
foster care and adoption assistance program under section 479B or that
plan to enter into, or have in place, a tribal-State cooperative
agreement under section 479B(c) and that meet the requirements of
clause (ii)(III).
`(ii) PRIORITIES FOR AWARDING OF GRANTS- The Secretary shall
give priority in awarding grants under this subparagraph as
follows:
`(I) First, for grants to Indian tribes that have applied for
approval of a tribal family assistance plan, that have not operated
such a plan as of the date of enactment of the Work, Opportunity, and
Responsibility for Kids Act of 2002 that will have such plan approved,
and that include in the plan submission provisions for tribal human
services program infrastructure improvement (as so defined) and
related management information systems training.
`(II) Second, for Indian tribes with an approved tribal family
assistance plan that are not described in subclause (I) and that
submit an addendum to such plan that includes provisions for tribal
human services program infrastructure improvement that includes
implementing or improving management information systems of the tribe
(including management information systems training), as such systems
relate to the operation of the tribal family assistance
plan.
`(III) Third, for Indian tribes that have applied for approval
of a foster care and adoption assistance program under section 479B or
that plan to enter into, or have in place, a tribal-State cooperative
agreement under section 479B(c) and that include in the plan
submission under section 471 (or in an addendum to such plan)
provisions for tribal human services program infrastructure
improvement (as so defined) and related management information systems
training.
`(iii) OTHER REQUIREMENTS FOR AWARDING GRANTS- In awarding
grants under this subparagraph, the Secretary--
`(I) may not award an Indian tribe more than 1 grant under
this subparagraph per fiscal year;
`(II) shall award grants in such a manner as to maximize the
number of Indian tribes that receive grants under this subparagraph;
and
`(III) shall consult with Indian tribes located throughout the
United States.
`(iv) APPLICATION- An Indian tribe desiring a grant under this
subparagraph shall submit an application to the Secretary, at such time,
in such manner, and containing such information as the Secretary may
require.
`(v) DEFINITION OF HUMAN SERVICES PROGRAM INFRASTRUCTURE
IMPROVEMENT- In this subparagraph, the term `human services program
infrastructure improvement' includes (but is not limited to) improvement
of management information systems, management information
systems-related training, equipping offices, and renovating, but not
constructing, buildings, as described in an application for a grant
under this subparagraph, and subject to approval by the
Secretary.
`(B) TRIBAL DEVELOPMENT GRANTS-
`(i) IN GENERAL- Of the amount appropriated under subparagraph
(D) for the period of fiscal years 2003 through 2006, $35,000,000 shall
be used by the Secretary to award, through the Commissioner of the
Administration for Native Americans, grants to nonprofit organizations,
Indian tribes, and tribal organizations to enable such organizations and
tribes to provide technical assistance to Indian tribes and tribal
organizations in any or all of the following areas:
`(I) The development and improvement of uniform commercial
codes.
`(II) The creation or expansion of small business or
microenterprise programs.
`(III) The development and improvement of tort liability
codes.
`(IV) The creation or expansion of tribal marketing
efforts.
`(V) The creation or expansion of for-profit collaborative
business networks.
`(VI) The development of innovative uses of telecommunications
to assist with distance learning or telecommuting.
`(VII) The development of economic opportunities and job
creation in areas of high joblessness in Alaska (as defined in section
408(a)(7)(D)(ii)).
`(I) IN GENERAL- At least an amount equal to 10 percent of the
total amount of grants awarded under this subparagraph shall be
awarded to carry out clause (i)(VII).
`(II) CONSULTATION- In awarding grants under this subparagraph
the Secretary shall consult with other Federal agencies with expertise
in the areas described in clause (i).
`(iii) APPLICATION- A nonprofit organization, Indian tribe, or
tribal organization desiring a grant under this subparagraph shall
submit an application to the Secretary at such time, in such manner, and
containing such information as the Secretary may
require.
`(C) TECHNICAL ASSISTANCE-
`(i) IN GENERAL- Of the amount appropriated under subparagraph
(D) for the period of fiscal years 2003 through 2006, $5,000,000 shall
be used by the Secretary for making grants, or entering into contracts,
to provide technical assistance to Indian tribes--
`(I) in applying for or carrying out a grant made under this
paragraph;
`(II) in applying for or carrying out a tribal family
assistance plan under this section; or
`(III) related to best practices and approaches for State and
tribal coordination on the transfer of the administration of social
services programs to Indian tribes.
`(ii) RESERVATION OF FUNDS- Not less than--
`(I) $2,500,000 of the amount described in clause (i) shall be
used by the Secretary to support, through grants or contracts,
peer-learning programs among tribal administrators;
and
`(II) $1,000,000 of such amount shall be used by the Secretary
for making grants to Indian tribes to conduct feasibility studies of
the capacity of Indian tribes to operate tribal family assistance
plans under this part.
`(D) APPROPRIATION- Out of any money in the Treasury of the United
States not otherwise appropriated, there is appropriated $75,000,000 for
the period of fiscal years 2003 through 2006 to carry out this paragraph.
Amounts appropriated under this subparagraph shall remain available until
expended.'.
(3) CONFORMING AMENDMENT- Section 405(a) (42 U.S.C. 605(a)) is
amended by striking `section 403' and inserting `sections 403 and
412(a)(2)(C)'.
(c) ELIGIBILITY FOR CONTINGENCY FUND-
(1) IN GENERAL- Section 403(b)(1) (42 U.S.C. 603(b)(3)), as amended
by section 102(a)(1), is amended--
(A) in subparagraph (A), by striking `subparagraph (C)' and
inserting `subparagraphs (C) and (D)';
(B) by redesignating subparagraphs (D) and (E) as subparagraphs
(E) and (F), respectively; and
(C) by inserting after subparagraph (C), the
following:
`(D) PAYMENTS TO INDIAN TRIBES-
`(i) IN GENERAL- Of the total amount appropriated pursuant to
subparagraph (F), $25,000,000 of such amount shall be reserved for
making payments to Indian tribes with approved tribal family assistance
plans that are operating in situations of increased economic
hardship.
`(ii) DETERMINATION OF CRITERIA FOR TRIBAL ACCESS-
`(I) IN GENERAL- Subject to subclause (II), the Secretary, in
consultation with Indian tribes with approved tribal family assistance
plans, shall determine the criteria for access by Indian tribes to the
amount reserved under clause (i).
`(II) INCLUSION OF CERTAIN FACTORS- Such criteria shall
include factors related to increases in unemployment and loss of
employers.
`(iii) APPLICATION OF REQUIREMENTS FOR PAYMENTS TO STATES- The
Secretary, in consultation with Indian tribes with approved tribal
family assistance plans located throughout the United States, shall
determine the extent to which requirements of States for payments from
the contingency fund established under this subsection shall apply to
Indian tribes receiving payments under this
subparagraph.'.
(2) CONFORMING AMENDMENTS- Section 403(b)(1)(B) (42 U.S.C.
603(b)(1)(B)), as so amended, is further amended--
(A) in the matter preceding clause (i), by striking `subparagraph
(D)(i)' and inserting `subparagraph (E)(i)';
(B) in clause (i), by striking `subparagraph (D)(ii)' and
inserting `subparagraph (E)(ii)'; and
(C) in clause (ii), by striking `subparagraph (D)(iii)' and
inserting `subparagraph (E)(iii)'.
(d) TRIBAL JOB TRAINING PROGRAMS-
(1) TRIBAL EMPLOYMENT SERVICES PROGRAMS-
(A) IN GENERAL- Section 412(a) (42 U.S.C. 612(a)), as amended by
subsection (b)(2), is amended by adding at the end the
following:
`(4) GRANTS FOR TRIBAL EMPLOYMENT SERVICES PROGRAMS-
`(A) PURPOSE- The purpose of this paragraph is to support
comprehensive services to enable eligible beneficiaries to support
themselves through employment without requiring cash benefits from public
assistance programs for themselves or their families.
`(B) STATEMENT OF POLICY- The programs funded under grants made
under this paragraph shall be administered in a manner consistent with the
principles of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.) and the government-to-government relationship
between the Federal Government and Indian tribal
governments.
`(C) DEFINITIONS- In this paragraph:
`(i) ALASKA NATIVE ORGANIZATION- The term `Alaska Native
organization' has the meaning given the term `Indian tribe' with respect
to the State of Alaska in section 419(4)(B).
`(ii) DEPARTMENT- Unless otherwise specified, the term
`Department' means the Department of Labor.
`(iii) ELIGIBLE BENEFICIARY- The term `eligible beneficiary'
means--
`(I) an individual who is an Indian or Alaska Native receiving
or eligible to receive cash benefits for the individual or the
individual's family under the State program funded under this part, a
tribal family assistance program under this section, or the General
Assistance program;
`(II) an individual who is an Indian or Alaska Native
transitioning from receipt of cash benefits under any such programs to
employment;
`(III) an individual who is an Indian or Alaska Native with a
history of long-term dependence (as defined in clause (v)) on cash
benefits under any such programs or under the aid for families with
dependent children program under this part (as in effect before August
22, 1996);
`(IV) an individual who is an Indian or Alaska Native who is a
non-custodial parent of a minor child receiving, eligible to receive,
or with a history of receiving cash benefits under any such programs,
or an individual who has an obligation to provide support for such
children; or
`(V) an individual who is an Indian or Alaska Native and is a
member of a family who is at risk of becoming dependent on cash
benefits under any such programs or who has exhausted eligibility for
such benefits because of the application of time limits on
benefits.
`(iv) GENERAL ASSISTANCE- The term `General Assistance' means
the General Assistance program supported through the Bureau of Indian
Affairs in the Department of the Interior.
`(v) LONG-TERM DEPENDENCE- The term `long-term dependence' means
receipt of cash benefits under a program referred to in clause
(iii)(III) for at least 24 months, which need not be
consecutive.
`(vi) SECRETARY- Unless otherwise specified, the term
`Secretary' means the Secretary of Labor.
`(D) AUTHORITY TO MAKE GRANTS-
`(i) DIRECT SERVICES- The Secretary shall make grants to Indian
tribes, tribal organizations, and Alaska Native organizations on the
basis of a formula determined in accordance with subparagraph (H)(ii) to
carry out the activities described in subparagraph (E).
`(ii) PROGRAM SUPPORT- The Secretary shall, through grants or
contracts with entities, or interagency agreements, carry out the
activities described in subparagraph (F).
`(I) IN GENERAL- Out of any money in the Treasury of the
United States not otherwise appropriated, there is appropriated
$37,000,000 for each of fiscal years 2003 through 2007 to carry out
this paragraph.
`(II) RESERVATION OF FUNDS FOR PROGRAM SUPPORT- The Secretary
may reserve an amount equal to not more than 1.5 percent of the amount
appropriated under subclause (I) for a fiscal year to make grants or
enter into contracts under clause (ii).
`(E) DIRECT SERVICE ACTIVITIES-
`(i) IN GENERAL- A recipient of a grant made under subparagraph
(D)(i) shall use the funds provided under the grant to support any
services which may be useful in preparing eligible beneficiaries to
enter or reenter the workforce, to retain employment or to advance to
positions which may enable the eligible beneficiary and the
beneficiary's family to become economically
self-sufficient.
`(ii) SERVICES PERMITTED- Services provided with funds made
available under a grant made under subparagraph (D)(i) may
include--
`(III) job readiness and placement;
`(IV) occupational training (including on-the-job
training);
`(VIII) job creation specifically for eligible
beneficiaries;
`(XI) supportive services, including (but not limited to)
child care, transportation, mental health and substance abuse
treatment, and prevention services important to employability;
and
`(XII) counseling and other services to promote marriage,
discourage teen pregnancies, assist in the formation and stabilization
of 2-parent families, and address situations involving domestic
violence.
`(iii) RETENTION OF ELIGIBILITY FOR OTHER SERVICES- An eligible
beneficiary who receives services through funds provided under a grant
made under subparagraph (D)(i) shall not be precluded from receiving
other services from any State, local, or tribal government agency, or
any other entity.
`(iv) DISREGARD- Income or services received by an eligible
beneficiary under this paragraph shall be disregarded for purposes of
determining eligibility for benefits under any means-tested program for
which the eligibility requirements are established under Federal
law.
`(F) PROGRAM SUPPORT ACTIVITIES-
`(i) IN GENERAL- In order to improve the effectiveness of
services provided by Indian tribes, tribal organizations, and Alaska
Native organizations under grants made under this paragraph, the
Secretary shall support, through grants, contracts, or interagency
agreements, activities that--
`(I) enhance the capacity of Indian tribes, tribal
organizations, and Alaska Native organizations under this section to
deliver the services authorized under subparagraph (E);
and
`(II) test or demonstrate new or improved methods of providing
such services.
`(ii) PREFERENCE- In awarding grants or contracts under
subparagraph (D)(ii) to carry out this subparagraph, the Secretary shall
implement a preference policy consistent with the terms of section 7(b)
of the Indian Self-Determination and Education Assistance Act (25 U.S.C.
450e(b)).
`(G) ADDITIONAL REQUIREMENTS-
`(i) DIRECT SERVICE ACTIVITIES-
`(I) AUTHORITY TO CONSOLIDATE FUNDS- An Indian tribe, tribal
organization, or Alaska Native organization receiving a grant under
subparagraph (D)(i) may consolidate funds received under the grant
with assistance received from other programs in accordance with the
provisions of the Indian Employment, Training and Related Services
Demonstration Act of 1992 (25 U.S.C. 3401 et seq.) or the provisions
of the Tribal Self-Governance Act of 1994 (25 U.S.C. 458aa et
seq.).
`(II) OPTION TO EXCLUDE PARTICIPANTS FROM DETERMINATION OF
WORK PARTICIPATION RATES- A State, Indian tribe, or tribal
organization may exclude individuals participating in a direct
services program funded under a grant made under subparagraph (D)(i)
for a month from the calculation of the work participation rate for
the State or tribe for such month.
`(ii) APPLICABLE RULES- Any amount paid to an Indian tribe,
tribal organization, or Alaska Native organization under this part that
is used to carry out the activities described in subparagraph (E) or (F)
shall not be subject to the requirements of this part, but shall be
subject to the requirements specified in the regulations required under
subparagraph (H)(iii), and the expenditure of any amount so used shall
not be considered to be an expenditure under this part.
`(iii) AVAILABILITY OF FUNDS- Funds provided to a recipient of a
grant or contract under subparagraph (D)(ii) shall remain available for
obligation for 2 succeeding fiscal years after the fiscal year in which
the grant is made or the contract is entered into.
`(H) PROGRAM ADMINISTRATION-
`(i) DESIGNATION OF OFFICE WITH PRIMARY RESPONSIBILITY- The
Secretary shall designate a single organizational unit within the
Department that shall have as its primary responsibility the
administration of the activities authorized under this paragraph and of
any related Indian programs administered by the
Department.
`(I) IN GENERAL- The Secretary shall consult with Indian
tribes and tribal organizations eligible to administer activities
authorized under this paragraph that are located throughout the United
States on all aspects of the operation and administration of such
activities, including the promulgation of regulations, the design of a
formula for the allocation of funds among Indian tribes and tribal
organizations, and the implementation of program support activities
described in subparagraph (F).
`(II) ADVISORY COMMITTEE- The Secretary may utilize a broadly
based advisory committee whose members are nominated by Indian tribes
and tribal organizations eligible to administer activities authorized
under this paragraph as part of the consultation required under
subclause (I), except that the consultation process shall not be
limited to discussions with such committee.
`(iii) REGULATIONS- The Secretary may issue regulations for the
conduct of activities under this paragraph. All requirements imposed by
such regulations, including reporting requirements, shall take into full
consideration tribal circumstances and conditions.'.
(B) TRANSITION FROM OTHER TANF INDIAN EMPLOYMENT PROGRAMS-
(i) IN GENERAL- Subject to clause (ii), the Secretary of Health
and Human Services shall provide for an orderly close-out of activities
under the work program authorized in section 412(a)(2) of the Social
Security Act (42 U.S.C. 612(a)(2)) (commonly referred to as the `Native
Employment Works program' or the `NEW' program) as such section is in
effect on September 30, 2002.
(ii) REQUIREMENT- In closing out the activities referred to in
clause (i), the Secretary of Health and Human Services shall provide
that grantees under a program referred to in that subparagraph shall be
permitted to provide services through June 30, 2003, and shall be
permitted to spend funds on administrative activities related to the
close-out of grants under programs for up to 6 months after that
date.
(2) APPLICATION OF INDIAN EMPLOYMENT, TRAINING, AND RELATED SERVICES
DEMONSTRATION ACT OF 1992- Section 412(a) (42 U.S.C. 612(a)), as amended by
paragraph (1)(A), is amended by adding at the end the following:
`(5) APPLICATION OF INDIAN EMPLOYMENT, TRAINING, AND RELATED
SERVICES DEMONSTRATION ACT OF 1992- Notwithstanding any other provision of
law, if an Indian tribe elects to incorporate the services it provides under
this part into a plan under section 6 of the Indian Employment, Training,
and Related Services Demonstration Act of 1992 (25 U.S.C. 3405), the
programs authorized to be conducted with grants made under this part shall
be--
`(A) considered to be programs subject to section 5 of the Indian
Employment, Training, and Related Services Demonstration Act of 1992 (25
U.S.C. 3404); and
`(B) subject to the single plan and single budget requirements of
section 6 of that Act (25 U.S.C. 3405) and the single report format
required under section 11 of that Act (25 U.S.C. 3410).'.
(e) TRIBAL FAMILY ASSISTANCE PLANS-
(1) EQUITABLE ACCESS- Section 412(b)(1) (42 U.S.C. 612(b)(1)) is
amended--
(A) in subparagraph (E), by striking `and' at the
end;
(B) in subparagraph (F), by striking the period and inserting `;
and'; and
(C) by adding at the end the following:
`(G) describes how the Indian tribe will ensure equitable access
to benefits and services provided under the plan for each member of the
population to be served by the plan.'.
(2) CONSULTATION BETWEEN STATES AND INDIAN TRIBES OR OTHER INDIANS
RESIDING ON A RESERVATION-
(A) STATE PLAN REQUIREMENT- Section 402(a)(5) (42 U.S.C.
602(a)(5)) is amended to read as follows:
`(5) CERTIFICATION THAT THE STATE WILL PROVIDE INDIANS WITH
EQUITABLE ACCESS TO ASSISTANCE-
`(A) IN GENERAL- A certification by the chief executive officer of
the State that, during the fiscal year, the State will--
`(i) subject to subparagraph (B), consult with Indian tribes
located within the State regarding the State plan in an effort to ensure
equitable access to benefits or services provided under the plan for any
member of such a tribe who is not eligible for assistance under a tribal
family assistance plan approved under section 412; and
`(ii) provide each member of an Indian tribe, who is domiciled
in the State and is not eligible for assistance under a tribal family
assistance plan approved under section 412, with equitable access to
assistance under the State program funded under this part attributable
to funds provided by the Federal Government.
`(B) EXCEPTION- Clause (i) of subparagraph (A) shall not apply to
the State of Alaska.'.
(B) TRIBAL FAMILY ASSISTANCE PLAN REQUIREMENT- Section 412(b)(1)
(42 U.S.C. 612(b)(1)), as amended by paragraph (1), is
amended--
(i) in subparagraph (F), by striking `and' at the
end;
(ii) in subparagraph (G), by striking the period and inserting
`; and'; and
(iii) by adding at the end the following:
`(H) provides that the Indian tribe will consult with each State
in which a service area of the plan is located on the operation of the
plan and the provision of assistance or services to families under the
plan.'.
(f) AREAS WITH HIGH JOBLESSNESS-
(1) TIME LIMIT FOR RECEIPT OF ASSISTANCE- Section 408(a)(7)(D) (42
U.S.C. 608(a)(7)(D)) is amended--
(A) in the subparagraph heading, by striking `BY ADULT' and all
that follows through `UNEMPLOYMENT' and inserting `IN AREAS OF INDIAN
COUNTRY OR AN ALASKAN NATIVE VILLAGE WITH HIGH JOBLESSNESS';
and
(i) by striking `In' and inserting `Subject to clauses (ii) and
(iii), in'; and
(ii) by striking `50 percent' and all that follows through the
period and inserting `20 percent of the adults who were living in Indian
country were jobless.';
(C) by redesignating clause (ii) as clause (iv); and
(D) by inserting after clause (i), the following:
`(ii) ALASKAN NATIVE VILLAGE- With respect to an Alaskan Native
village, this subparagraph shall be applied--
`(I) in clause (i), by substituting `50 percent of the adults
living in in the village were not employed' for `20 percent of the
adults who were living in Indian country were jobless';
and
`(II) without regard to clause (iii).
`(iii) REQUIREMENT- A month may only be disregarded under clause
(i) with respect to an adult recipient described in that clause if the
adult is in compliance with program requirements.'.
(2) FLEXIBILITY TO DEFINE WORK ACTIVITIES- Section 407(c)(2) (42
U.S.C. 607(c)(2)), as amended by section 202(h), is amended by adding at the
end the following:
`(G) OPTIONAL MODIFICATION OF WORK REQUIREMENTS FOR RECIPIENTS
RESIDING IN AREAS OF INDIAN COUNTRY OR AN ALASKAN NATIVE VILLAGE WITH HIGH
JOBLESSNESS- Notwithstanding paragraph (1), if a State has included in the
State plan a description of the State's policies in areas of Indian
country or an Alaskan Native village described in section 408(a)(7)(D),
the State may define the activities described in subsection (d) that a
recipient who resides in such an area and who is participating in
activities in accordance with an individual responsibility plan under
section 408(b) may engage in for purposes of satisfying work requirements
under the State program and for purposes of determining monthly
participation rates under subsection (b).'.
(1) ADVISORY COMMITTEE ON THE STATUS OF INDIANS WHO DO NOT RESIDE IN
INDIAN COUNTRY-
(A) IN GENERAL- The Secretary of Health and Human Services shall
convene an advisory committee on the status of Indians who do not reside
in Indian country (as defined in section 1151 of title 18, United States
Code).
(B) DUTIES- The committee established under subparagraph (A) shall
make recommendations regarding how to ensure that Indians who do not
reside in Indian country (as so defined) receive appropriate assistance
under the temporary assistance to needy families program under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.) and other
publicly funded assistance programs.
(i) IN GENERAL- The committee established under subparagraph (A)
shall include representatives of--
(I) Federal, State, and tribal governments;
and
(II) Indians who do not reside in Indian country (as so
defined).
(ii) MAJORITY- A majority of the members of such committee shall
be representatives of Indians who do not reside in Indian country (as so
defined).
(2) ADVISORY COMMITTEE ON FAITH-BASED INITIATIVES-
(A) IN GENERAL- The Secretary of Health and Human Services,
through the Director of the Center for Faith-Based and Community
Initiatives of the Department of Health and Human Services, shall convene
an advisory committee of Indians who are expert in social services and the
spiritual aspects of traditional Indian cultures.
(B) REPORT- Not later than 18 months after the date of enactment
of this Act, the advisory committee convened under subparagraph (A) shall
issue a report that includes best practices with respect to the delivery
of social services in relation to the spiritual aspects of traditional
Indian cultures for State and tribal administrators of temporary
assistance to needy families programs under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.).
(h) GAO STUDY AND REPORT-
(1) STUDY- The Comptroller General of the United States shall
conduct a study of the demographics of Indians who do not--
(A) reside in Indian country (as defined in section 1151 of title
18, United States Code);
(C) receive assistance under a tribal family assistance plan under
section 412 of the Social Security Act (42 U.S.C. 612).
(2) REQUIREMENT- The study conducted under paragraph (1) shall
include economic and health information regarding the Indians described in
that paragraph, as well as information regarding the access of all Indians
to benefits or services available under non-tribal publicly funded programs
serving low-income families.
(2) REPORT- Not later than June 30, 2003, the Comptroller General
shall submit to Congress a report on the study conducted under paragraph
(1).
SEC. 602. AUTHORITY OF INDIAN TRIBES TO RECEIVE FEDERAL FUNDS FOR FOSTER
CARE AND ADOPTION ASSISTANCE.
(a) CHILDREN PLACED IN TRIBAL CUSTODY ELIGIBLE FOR FOSTER CARE
FUNDING- Section 472(a)(2) of the Social Security Act (42 U.S.C. 672(a)(2)) is
amended--
(1) by striking `or (B)' and inserting `(B)'; and
(2) by inserting before the semicolon the following: `, or (C) an
Indian tribe or tribal organization (as defined in section 479B(e)) or an
intertribal consortium if the Indian tribe, tribal organization, or
consortium is not operating a program pursuant to section 479B and (i) has a
cooperative agreement with a State pursuant to section 479B(c) or (ii)
submits to the Secretary a description of the arrangements (jointly
developed or developed in consultation with the State) made by the Indian
tribe, tribal organization, or consortium for the payment of funds and the
provision of the child welfare services and protections required by this
title'.
(b) PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZATIONS- Part E of title
IV of the Social Security Act (42 U.S.C. 670 et seq.) is amended by adding at
the end the following:
`SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZATIONS.
`(a) APPLICATION- Except as provided in subsection (b), this part
shall apply to an Indian tribe or tribal organization that elects to operate a
program under this part in the same manner as this part applies to a
State.
`(b) MODIFICATION OF PLAN REQUIREMENTS-
`(1) SERVICE AREA; STANDARDS-
`(A) IN GENERAL- Subject to subparagraph (B), in the case of an
Indian tribe or tribal organization submitting a plan for approval under
section 471, the plan shall--
`(i) in lieu of the requirement of section 471(a)(3), identify
the service area or areas and population to be served by the Indian
tribe or tribal organization; and
`(ii) in lieu of the requirement of section 471(a)(10), provide
for the approval of foster homes pursuant to tribal standards and in a
manner that ensures the safety of, and accountability for, children
placed in foster care.
`(B) SPECIAL RULE- With respect to an Indian tribe located in the
State of Alaska--
`(i) clause (ii) of subparagraph (A) shall not apply;
and
`(ii) the requirement of section 471(a)(10) shall apply to a
plan submitted by such tribe.
`(2) DETERMINATION OF FEDERAL SHARE-
`(i) IN GENERAL- For purposes of determining the Federal medical
assistance percentage applicable to an Indian tribe or tribal
organization under paragraphs (1) and (2) of section 474(a), the
calculation of an Indian tribe's or tribal organization's per capita
income shall be based upon the service population of the Indian tribe or
tribal organization as defined in its plan in accordance with paragraph
(1)(A).
`(ii) CONSIDERATION OF OTHER INFORMATION- An Indian tribe or
tribal organization may submit to the Secretary such information as the
Indian tribe or tribal organization considers relevant to the
calculation of the per capita income of the Indian tribe or tribal
organization, and the Secretary shall consider such information before
making the calculation.
`(B) ADMINISTRATIVE EXPENDITURES- The Secretary shall, by
regulation, determine the proportions to be paid to Indian tribes and
tribal organizations pursuant to section 474(a)(3), except that in no case
shall an Indian tribe or tribal organization receive a lesser proportion
than the corresponding amount specified for a State in that
section.
`(C) SOURCES OF NON-FEDERAL SHARE- An Indian tribe or tribal
organization may use Federal or State funds to match payments for which
the Indian tribe or tribal organization is eligible under section
474.
`(3) MODIFICATION OF OTHER REQUIREMENTS- Upon the request of an
Indian tribe, tribal organization, or a consortia of tribes or tribal
organizations, the Secretary may modify any requirement under this part if,
after consulting with the Indian tribe, tribal organization, or consortia of
tribes or tribal organizations, the Secretary determines that modification
of the requirement would advance the best interests and the safety of
children served by the Indian tribe, tribal organization, or consortia of
tribes or tribal organizations.
`(4) CONSORTIUM- The participating Indian tribes or tribal
organizations of an intertribal consortium may develop and submit a single
plan under section 471 that meets the requirements of this
section.
`(c) COOPERATIVE AGREEMENTS- An Indian tribe, tribal organization, or
intertribal consortium and a State may enter into a cooperative agreement for
the administration or payment of funds pursuant to this part. In any case
where an Indian tribe, tribal organization, or intertribal consortium and a
State enter into a cooperative agreement that incorporates any of the
provisions of this section, those provisions shall be valid and enforceable.
Any such cooperative agreement that is in effect as of the date of enactment
of this section, shall remain in full force and effect subject to the right of
either party to the agreement to revoke or modify the agreement pursuant to
the terms of the agreement.
`(d) REGULATIONS- Not later than 1 year after the date of enactment of
this section, the Secretary shall, in full consultation with Indian tribes and
tribal organizations, promulgate regulations to carry out this
section.
`(e) DEFINITIONS OF INDIAN TRIBE; TRIBAL ORGANIZATIONS- In this
section, the terms `Indian tribe' and `tribal organization' have the meanings
given those terms in subsections (e) and (l) of section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450b),
respectively, except that, with respect to the State of Alaska, the term
`Indian tribe' has the meaning given that term in section 419(4)(B).'.
(c) EFFECTIVE DATE- The amendments made by this section take effect on
October 1, 2003, without regard to whether regulations to implement such
amendments have been promulgated as of such date.
TITLE VII--INNOVATION, FLEXIBILITY, AND
ACCOUNTABILITY
SEC. 701. DATA COLLECTION; PERFORMANCE MEASURES.
(1) CONTENTS OF REPORT- Section 411(a)(1)(A) (42 U.S.C.
611(a)(1)(A)) is amended--
(A) in clause (viii), by striking `and educational level';
and
(B) by adding at the end the following:
`(xviii) Whether an individual responsibility plan is
established for each family in accordance with section
408(b).'.
(2) REPORT ON INDIANS; PUBLIC AVAILABILITY OF STATE PROGRAM AND
FINANCIAL DATA SUBMISSIONS- Section 411(a) (42 U.S.C. 611(a)) is
amended--
(A) by redesignating paragraph (7) as paragraph (9);
and
(B) by inserting after paragraph (6), the following:
`(7) REPORT ON INDIANS SERVED BY THE STATE PROGRAM- The report
required by paragraph (1) for a fiscal quarter shall include information on
the demographics and caseload characteristics of Indians served by the State
program during the quarter.
`(8) PUBLIC AVAILABILITY OF REPORT- The State shall make publicly
available at the time of submission of each report required under paragraph
(1) for a fiscal quarter a copy of the report for that fiscal quarter,
including by posting of the copy on the Internet website for the State
agency administering the State program funded under this part.'.
(3) ADDITIONAL INFORMATION IN ANNUAL REPORT TO CONGRESS- Section
411(b) (42 U.S.C. 611(b)) is amended--
(A) in paragraph (3), by striking `and' at the end;
(B) in paragraph (4), by striking the period and inserting a
semicolon; and
(C) by adding at the end the following:
`(5) information regarding any complaints received by the Federal
Government or States concerning fair and equitable treatment related to
civil rights or labor laws, including the number and status of such
complaints, and in the case of States, that is State specific;
and
`(6) State specific information on the demographics and caseload
characteristics of Indians served by each State program funded under this
part.'.
(b) PERFORMANCE MEASURES-
(1) SUCCESS IN MOVING RECIPIENTS FROM WELFARE TO WORK- Section
413(d) (42 U.S.C. 613(d)) is amended to read as follows:
`(d) ANNUAL PERFORMANCE MEASURES OF SUCCESS IN MOVING RECIPIENTS FROM
WELFARE TO WORK- Beginning on January 1, 2003, and annually thereafter, the
Secretary shall issue the following data regarding the performance of each
State program funded under this part for the 2 preceding fiscal years with
respect to helping recipients of assistance under such State programs in
becoming self-sufficient through earnings from employment:
`(1) Job entry and retention rates for such recipients and former
recipients.
`(2) Quarterly earnings and earnings gain for such recipients and
former recipients.'.
(2) NATIONAL GOAL TO REDUCE TEEN PREGNANCY- Section 413(e) (42
U.S.C. 613(e)) is amended to read as follows:
`(e) NATIONAL GOAL TO REDUCE TEEN PREGNANCY-
`(1) ESTABLISHMENT OF NATIONAL GOAL- There is hereby established a
national goal of reducing teen pregnancy by 1/3 by December 31,
2007.
`(2) ANNUAL ASSESSMENT OF PROGRESS- Beginning on January 1, 2003,
and annually thereafter, the Secretary shall issue an annual assessment of
the progress toward achieving the national goal established under paragraph
(1), that includes State-level data on teen pregnancies and an assessment of
the progress of each State in achieving such goal.'.
SEC. 702. STATE PLAN.
Section 402 (42 U.S.C. 602) is amended--
(A) in the matter preceding paragraph (1), by striking `27-month'
and inserting `24-month';
(B) in paragraph (1)(A)--
(i) in the matter preceding clause (i), by striking `intends to'
and inserting `shall';
(ii) in clause (i), by inserting `cash' before
`assistance';
(iii) by striking clause (ii) and inserting the
following:
`(ii) Require a parent or caretaker receiving assistance under
the program to engage in work or work readiness activities designed to
move families receiving assistance into self-sufficiency, consistent
with section 407(e)(2). Such activities may be determined by the State,
and shall include, as appropriate, efforts eliminating barriers to work
such as physical or mental disabilities, substance abuse, adult
illiteracy, domestic violence, and lack of affordable
housing.';
(iv) in clause (iii), by inserting `and individual
responsibility plans developed pursuant to section 408(b)' after
`407';
(v) by striking clauses (v) and (vi);
(vi) by redesignating clause (iv) as clause (viii);
and
(vii) by inserting after clause (iii), the
following:
`(iv) Establish the process for providing recipients with
individual responsibility plans consistent with section 408(b),
including a description of the screening and assessment procedures the
State employs.
`(v) Ensure that training and resources are made available to
the State agency administering the program so that each family receiving
assistance under the program receives the support for which the families
are eligible, including training related to civil rights and
anti-discrimination laws.
`(vi) Ensure the availability of a stable and professional
workforce in the administration of the State program funded under this
part.
`(vii) Ensure equitable access to benefits and services provided
under the program for each member of an Indian tribe or tribal
organization, who is domiciled in the State and is not eligible for
assistance under a tribal family assistance plan approved under section
412.';
(C) in paragraph (1)(B)--
(i) by striking clause (i) and inserting the
following:
`(i) With respect to each program that will be funded under this
part, or with qualified State expenditures claimed by the State to meet
the requirements of section 409(a)(7), over the 24-month period for
which the plan is being submitted--
`(I) the name of the program;
`(II) the goals of the program;
`(III) a description of the benefits and services provided in
the program;
`(IV) a description of principal eligibility rules (financial
and nonfinancial) and populations served under the program;
and
`(V) if the program provides assistance--
`(aa) a description of applicable work-related requirements and
the State's definition of each work activity in section 407(d);
`(bb) a description of time limit policies (if applicable),
including the length of time allowed, the policies concerning exemptions and
extensions, and the policies concerning aid after the time limit;
and
`(cc) a description of sanction policies and procedures (if
applicable), including the duration of the sanctions, policies concerning good
cause for failure to comply, and procedures to assist families with barriers in
complying with requirements.';
(ii) in clause (iii), by inserting `, and information regarding
any complaints received by the State concerning fair and equitable
treatment related to civil rights or labor laws and a description of the
procedures used by the State to respond to such complaints' before the
period; and
(iii) by adding at the end the following:
`(v) In the case of a State that provides sub-State areas with
significant policy-making authority, the document shall include a
summary of policies for each sub-State area with such authority.';
and
(D) as amended by section 103(b), by adding at the end the
following:
`(9) CERTIFICATION OF CONSULTATION ON PROVISION OF TRANSPORTATION
AID- In the case of a State that provides transportation aid under the State
program, a certification by the chief executive officer of the State that
State and local transportation agencies and planning bodies have been
consulted in the development of the plan.
`(10) CERTIFICATION OF CONSULTATION ON PROVISION OF HOUSING AID- In
the case of a State that provides housing aid under the State program, a
certification by the chief executive officer of the State that State housing
agencies and authorities have been consulted in the development of the plan
and that such consultations have addressed potential cooperation between
agencies administering the State program funded under this part and housing
agencies and groups in meeting the housing needs of families receiving
assistance under the State program funded under this part and assisting such
families in achieving self-sufficiency.'; and
(2) by striking subsection (c) and inserting the
following:
`(1) STANDARD STATE PLAN FORMAT- The Secretary shall, after notice
and public comment, develop a proposed Standard State Plan Form to be used
by States to submit the plan required under this section. Such form shall be
finalized by the Secretary for use by the State not later than February 1,
2003.
`(2) REQUIREMENT FOR COMPLETED PLAN USING STANDARD STATE PLAN FORMAT
BY FISCAL YEAR 2004- Notwithstanding any other provision of law, each State
shall submit a complete State plan, using the Standard State Plan Form
developed under paragraph (1), not later than October 1, 2003.
`(1) IN GENERAL- Effective October 1, 2003 (or as soon thereafter as
is practicable), the Secretary and the Secretary of Housing and Urban
Development jointly shall make available to each State State-level data from
the 2000 decennial census concerning the housing problems of families
receiving assistance under the State program funded under this
part.
`(2) UPDATE- The Secretary and the the Secretary of Housing and
Urban Development biennially shall make available to each State updated data
regarding such problems, to the extent such data is available.
`(e) PUBLIC AVAILABILITY-
`(1) NOTICE AND COMMENT- Prior to submitting a State plan or an
amendment of such plan based on a change in policy to the Secretary under
this section, the State shall--
`(A) make the proposed State plan or amendment available to the
public through an appropriate State maintained Internet website and
through other means as the State determines appropriate;
`(B) allow for a reasonable public comment period of not less than
45 days; and
`(C) make comments received concerning such plan or amendment or,
at the discretion of the State, a summary of the comments received
available to the public through such website and through other means as
the State determines appropriate.
`(2) PUBLIC AVAILABILITY OF STATE PLAN- A State shall ensure that
the State plan, that is in effect for any fiscal year, is available to the
public through an appropriate State maintained Internet website and through
other means as the State determines appropriate.
`(f) NO CAUSE OF ACTION- Nothing in this section shall be construed as
establishing a cause of action against a State based solely on a State's
failure to submit a State plan or an amendment to such plan in accordance with
the requirements of this section or on a State's failure to comply with the
contents of the State plan.'.
SEC. 703. RESEARCH.
(a) INDICATORS OF CHILD WELL-BEING- Section 413 (42 U.S.C. 613), as
amended by section 303, is amended by adding at the end the following:
`(l) INDICATORS OF CHILD WELL-BEING-
`(1) IN GENERAL- The Secretary, through grants, contracts, or
interagency agreements shall develop comprehensive indicators to assess
child well-being in each State.
`(A) IN GENERAL- The indicators developed under paragraph (1)
shall include measures related to the following:
`(ii) Social and emotional development.
`(iii) Health and safety.
`(iv) Family well-being, such as family structure, income,
employment, child care arrangements, and family
relationships.
`(B) OTHER REQUIREMENTS- The data collected with respect to the
indicators developed under paragraph (1) shall be--
`(i) statistically representative at the State
level;
`(ii) consistent across States;
`(iii) collected on an annual basis for at least the 5 years
preceding the year of collection;
`(iv) expressed in terms of rates or
percentages;
`(v) statistically representative at the national
level;
`(vi) measured with reliability;
`(viii) over-sampled, with respect to low-income children and
families.
`(C) CONSULTATION- In developing the indicators required under
paragraph (1) and the means to collect the data required with respect to
the indicators, the Secretary shall consult and collaborate with the
Federal Interagency Forum on Child and Family Statistics.
`(A) ESTABLISHMENT- The Secretary shall establish an advisory
panel to make recommendations regarding the appropriate measures and
statistical tools necessary for making the assessment required under
paragraph (1) based on the indicators developed under that paragraph and
the data collected with respect to the indicators.
`(i) IN GENERAL- The advisory panel established under
subparagraph (A) shall consist of the following:
`(I) One member appointed by the Secretary of Health and Human
Services.
`(II) One member appointed by the Chairman of the Committee on
Ways and Means of the House of Representatives.
`(III) One member appointed by the Ranking Member of the
Committee on Ways and Means of the House of
Representatives.
`(IV) One member appointed by the Chairman of the Committee on
Finance of the Senate.
`(V) One member appointed by the Ranking Member of the
Committee on Finance of the Senate.
`(VI) One member appointed by the Chairman of the National
Governors Association, or the Chairman's designee.
`(VII) One member appointed by the President of the National
Conference of State Legislatures or the President's
designee.
`(VIII) One member appointed by the Director of the National
Academy of Sciences, or the Director's designee.
`(ii) DEADLINE- The members of the advisory panel shall be
appointed not later than 2 months after the date of enactment of the
Work, Opportunity, and Responsibility for Kids Act of
2002.
`(C) MEETINGS- The advisory panel established under subparagraph
(A) shall meet--
`(i) at least 3 times during the first year after the date of
enactment of the Work, Opportunity, and Responsibility for Kids Act of
2002; and
`(ii) annually thereafter for the 3 succeeding
years.
`(4) FUNDING- Of the amount appropriated under section 403(a)(1)(F)
for each of fiscal years 2003 through 2007, $15,000,000 shall be reserved
for the purpose of carrying out this subsection.'.
(b) FUNDING OF STUDIES AND RESEARCH- Section 413(h) (42 U.S.C. 613(h))
is amended--
(A) in the matter preceding subparagraph (A), by striking `Out of'
and all that follows through `2002' and inserting `Of the amount
appropriated under section 403(a)(1)(F) for each of fiscal years 2003
through 2007, $20,000,000 shall be reserved'; and
(B) by striking subparagraph (D) and inserting the
following:
`(D) the cost of conducting the studies described in paragraphs
(4) through (6).';
(2) in paragraph (2), by striking `year' and all that follows and
inserting `year--
`(A) not less than 25 percent shall be allocated to carry out the
purpose described in paragraph (1)(A);
`(B) not less than 25 percent shall be allocated to carry out the
purpose described in paragraph (1)(B);
`(C) not less than 25 percent shall be allocated to carry out the
purpose described in paragraph (1)(C); and
`(D) not less than 25 percent shall be allocated to carry out the
purpose described in paragraph (1)(D).'; and
(3) by adding at the end the following:
`(4) LONGITUDINAL STUDIES OF APPLICANTS AND RECIPIENTS TO DETERMINE
THE FACTORS THAT CONTRIBUTE TO POSITIVE EMPLOYMENT AND FAMILY OUTCOMES-
`(A) IN GENERAL- The Secretary, directly or through grants,
contracts, or interagency agreements, shall conduct longitudinal studies
in at least 5 and not more than 10 States (or sub-State areas, provided
that none of such areas are located in the same State) of a representative
sample of families that receive, and applicants for, assistance in a State
program funded under this part or under a program funded with qualified
State expenditures (as defined in section 409(a)(7)(B)(i)).
`(B) GENERAL REQUIREMENTS- The studies conducted under this
paragraph shall follow families that leave assistance, those that receive
assistance throughout the study period, and those diverted from assistance
programs. The studies shall gather information on--
`(i) family and adult demographics (including race, ethnicity,
household composition, marital status, primary language, barriers to
employment, educational status of adults, prior work history, and prior
history of welfare receipt);
`(ii) family income (including earnings, unemployment
compensation, and child support);
`(iii) benefit receipt (including benefits under the food stamp
program, the medicaid program under title XIX, the State children's
health insurance program under title XXI, child care assistance,
supplemental security income benefits under title XVI, earned income tax
credits, and housing assistance);
`(iv) reasons for leaving or returning to assistance
programs;
`(v) work participation status and activities, including the
scope and duration of work activities;
`(vi) sanction status (including reasons for
sanction);
`(vii) time limit status (including months remaining on Federal
and State time limits);
`(viii) recipient views on program participation;
and
`(ix) other measures of family well-being over the period
studied.
`(C) COMPARABILITY- The Secretary shall ensure to the extent
possible that the studies conducted under this paragraph produce
comparable results and information.
`(D) GEOGRAPHIC DIVERSITY- The studies conducted under this
paragraph shall be conducted in States or sub-State areas that have
significant areas of low population density and in States or sub-State
areas with areas of high population density.
`(E) REPORTS- The Secretary shall publish--
`(i) not later than December 31, 2005, interim findings from at
least 12 months of longitudinal data collected under studies conducted
under this paragraph; and
`(ii) not later than December 31, 2006, findings from at least
24 months of longitudinal data collected under studies conducted under
this paragraph.
`(5) STUDY OF EFFECTS OF SANCTIONS-
`(A) IN GENERAL- The Secretary, directly or through grants,
contracts, or interagency agreements, shall conduct a random assignment
study comparing the effects of full-family sanctions, partial sanctions,
and other policies for increasing engagement in work activities required
under the State programs funded under this part.
`(B) REQUIRED INFORMATION- The study conducted under this
paragraph shall include information with respect to participants in the
study on demographic characteristics, work participation rates, employment
and earnings, duration and amount of payments of assistance under the
State program funded under this part, factors affecting program
compliance, incidences of hardship, family income, and the well-being of
children.
`(C) REPORT- Not later than December 31, 2006, the Secretary shall
submit to Congress the results of the study conducted under this
paragraph.
`(6) STUDY OF TEEN PARENT RECIPIENTS-
`(A) IN GENERAL- The Secretary, directly or through grants,
contracts, or interagency agreements, shall conduct a study of a
representative sample of teen parents who are recipients of assistance
under State programs funded under this part to determine--
`(i) whether Federal and State data on the number of such
recipients is accurate, including an examination of the extent to which
such recipients are members of a family that is not reflected in the
data;
`(ii) what assessment procedures are utilized with such
recipients and whether such procedures would detect a housing or an
educational barrier, such as a learning disability; and
`(iii) the services and eligibility requirements for such
recipients.
`(B) REPORT- Not later than December 31, 2006, the Secretary shall
submit to Congress the results of the study conducted under this
paragraph.'.
(c) RESEARCH ON TRIBAL WELFARE PROGRAMS AND POVERTY AMONG INDIANS-
Section 413 (42 U.S.C. 613), as amended by subsection (a), is amended by
adding at the end the following:
`(m) TRIBAL WELFARE PROGRAMS AND EFFORTS TO REDUCE POVERTY AMONG
INDIANS-
`(1) IN GENERAL- The Secretary, directly or through grants,
contracts, or interagency agreements, shall conduct research to improve the
effectiveness of tribal family assistance programs conducted under section
412 and other tribal welfare programs and on efforts to reduce poverty among
Indians.
`(2) PRIORITY FOR CERTAIN APPLICATIONS- With respect to applications
for grants under paragraph (1), the Secretary shall give priority to
applications to conduct research in cooperation with tribal governments or
tribally controlled colleges or universities.
`(3) FUNDING- Of the amount appropriated under section 403(a)(1)(F)
for fiscal year 2003, $2,000,000 shall be reserved for the purpose of
carrying out this subsection.'.
SEC. 704. INNOVATIVE BUSINESS LINK PARTNERSHIP GRANTS FOR EMPLOYERS AND
NONPROFIT ORGANIZATIONS.
Section 403(a)(4) (42 U.S.C. 603(a)(4)) is amended to read as
follows:
`(4) INNOVATIVE BUSINESS LINK PARTNERSHIP GRANTS-
`(A) IN GENERAL- The Secretary and the Secretary of Labor (in this
paragraph referred to as the `Secretaries') jointly shall award grants in
accordance with this paragraph for projects proposed by eligible
applicants based on the following:
`(i) The potential effectiveness of the proposed project in
carrying out the activities described in subparagraph
(E).
`(ii) Evidence of the ability of the eligible applicant to
leverage private, State, and local resources.
`(iii) Evidence of the ability of the eligible applicant to
coordinate with other organizations at the State and local
level.
`(B) DEFINITION OF ELIGIBLE APPLICANT-
`(i) IN GENERAL- In this paragraph, the term `eligible
applicant' means a nonprofit organization, a local workforce investment
board established under section 117 of the Workforce Investment Act of
1998 (29 U.S.C. 2832), a State, a political subdivision of a State, or
an Indian tribe.
`(ii) GRANTS TO PROMOTE BUSINESS LINKAGES-
`(I) ADDITIONAL ELIGIBLE APPLICANT- Only for purposes of
grants to carry out the activities described in subparagraph (E)(i),
the term `eligible applicant' includes an
employer.
`(II) ADDITIONAL REQUIREMENT- In order to qualify as an
eligible applicant for purposes of subparagraph (E)(i), the applicant
must provide evidence that the application has been developed by and
will be implemented by a local or regional consortium that includes,
at minimum, employers or employer associations, and education and
training providers, in consultation with local labor organizations and
social service providers that work with low-income families or
individuals with disabilities.
`(i) IN GENERAL- In awarding grants under this paragraph, the
Secretaries shall--
`(I) consider the needs of rural areas and cities with large
concentrations of residents with an income that is less than 150
percent of the poverty line; and
`(aa) all of the funds made available under this paragraph (other
than funds reserved for use by the Secretaries under subparagraph (J)) shall be
used for activities described in subparagraph (E);
`(bb) not less than 40 percent of the funds made available under
this paragraph (other than funds so reserved) shall be used for activities
described in subparagraph (E)(i); and
`(cc) not less than 40 percent of the funds made available under
this paragraph (other than funds so reserved) shall be used for the activities
described in subparagraph (E)(ii).
`(ii) CONTINUATION OF AVAILABILITY- If any portion of the funds
required to be used for activities referred to in item (bb) or (cc) of
clause (i)(II) are not awarded in a fiscal year, such portion shall
continue to be available in the subsequent fiscal year for the same
activity, in addition to other amounts that may be available for such
activities for that subsequent fiscal year.
`(D) DETERMINATION OF GRANT AMOUNT-
`(i) IN GENERAL- Subject to clause (ii), in determining the
amount of a grant to be awarded under this paragraph for a project
proposed by an eligible applicant, the Secretaries shall provide the
eligible applicant with an amount sufficient to ensure that the project
has a reasonable opportunity to be successful, taking into
account--
`(I) the number and characteristics of the individuals to be
served by the project;
`(II) the level of unemployment in the area to be served by
the project;
`(III) the job opportunities and job growth in such
area;
`(IV) the poverty rate for such area; and
`(V) such other factors as the Secretary deems appropriate in
such area.
`(ii) MAXIMUM AWARD FOR GRANTS TO PROMOTE BUSINESS LINKAGES OR
PROVIDE TRANSITIONAL JOBS PROGRAMS-
`(I) IN GENERAL- In the case of a grant to carry out
activities described in clause (i) or (ii) of subparagraph (E), an
eligible applicant awarded a grant under this paragraph may not
receive more than $10,000,000 per fiscal year under the
grant.
`(II) RULE OF CONSTRUCTION- Nothing in subclause (I) shall be
construed as precluding an otherwise eligible applicant from receiving
separate grants to carry out activities described in clause (i) or
(ii) of subparagraph (E).
`(iii) GRANT PERIOD- The period in which a grant awarded under
this paragraph may be used shall be specified for a period of not less
than 36 months and not more than 60 months.
`(E) ALLOWABLE ACTIVITIES- An eligible applicant awarded a grant
under this paragraph shall use funds provided under the grant to do the
following:
`(i) PROMOTE BUSINESS LINKAGES-
`(I) IN GENERAL- To promote business linkages in which funds
shall be used to fund new or expanded programs that are designed
to--
`(aa) substantially increase the wages of eligible individuals
(as defined in subparagraph (F)), whether employed or unemployed, who have
limited English proficiency or other barriers to employment by creating or
upgrading job and related skills in partnership with employers, especially by
providing supports and services at or near work sites; and
`(bb) identify and strengthen career pathways by expanding and
linking work and training opportunities for such individuals in collaboration
with employers.
`(II) CONSIDERATION OF IN-KIND, IN-CASH RESOURCES- In
determining which programs to fund under this clause, an eligible
applicant awarded a grant under this paragraph shall consider the
ability of a consortium to provide funds in-kind or in-cash (including
employer-provided, paid release time) to help support the programs for
which funding is sought.
`(III) PRIORITY- In determining which programs to fund under
this clause, an eligible applicant awarded a grant under this
paragraph shall give priority to programs that include education or
training for which participants receive credit toward a recognized
credential, such as an occupational certificate or
license.
`(aa) IN GENERAL- Funds provided to a program under this clause
may be used for a comprehensive set of employment and training benefits and
services, including job development, job matching, workplace supports and
accommodations, curricula development, wage subsidies, retention services, and
such other benefits or services as the program deems necessary to achieve the
overall objectives of this clause.
`(bb) PROVISION OF SERVICES- So long as a program is principally
designed to assist eligible individuals, (as defined in subparagraph (F)), funds
may be provided to a program under this clause that also serves low-earning
employees of 1 or more employers even if such individuals are not within the
definition of eligible individual (as so defined).
`(ii) PROVIDE FOR TRANSITIONAL JOBS PROGRAMS-
`(I) IN GENERAL- To provide for wage-paying transitional jobs
programs which combine time-limited employment in the public or
nonprofit private sector that is subsidized with public funds with
skill development and activities to remove barriers to employment,
pursuant to an individualized plan (or, in the case of an eligible
individual described in subparagraph (F)(i), an individual
responsibility plan developed for an individual under section 408(b)).
Such programs also shall provide job development and placement
assistance to individual participants to help them move from
subsidized employment in transitional jobs into unsubsidized
employment, as well as retention services after the transition to
unsubsidized employment.
`(II) ELIGIBLE PARTICIPANTS- The Secretary shall ensure that
individuals who participate in transitional jobs programs funded under
a grant made under this paragraph shall be individuals who have been
unemployed because of limited skills, experience, or other barriers to
employment, and who are eligible individuals (as defined in
subparagraph (F)), provided that so long as a program is designed to,
and principally serves, eligible individuals (as so defined), a
limited number of individuals who are unemployed because of limited
skills, experience, or other barriers to employment, and who have an
income below 100 percent of the Federal poverty line but who do not
satisfy the definition of eligible individual (as so defined) may be
served in the program to the extent the Secretaries determine that the
inclusion of such individuals in the program is
appropriate.
`(III) USE OF FUNDS- Funds provided to a program under this
clause may only be used in accordance with the
following:
`(aa) To create subsidized transitional jobs in which work shall
be performed directly for the program operator or at other public and non profit
organizations (in this subclause referred to as `worksite employers') in the
community, and in which 100 percent of the wages shall be subsidized, except as
described in item (gg) regarding placements in the private, for profit
sector.
`(bb) Participants shall be paid at the rate paid to unsubsidized
employees of the worksite employer who perform comparable work at the worksite
where the individual is placed. If no other employees perform the same or
comparable work then wages shall be set, at a minimum, at 50 percent of the
Lower Living Standard Income Level (commonly referred to as the `LLSIL'), as
determined under section 101(24) of the Workforce Investment Act of 1998 (29
U.S.C. 2801(24)), for a family of 3 based on 35 hours per week.
`(cc) Transitional jobs shall be limited to not less than 6
months and not more than 24 months, however, nothing shall preclude a
participant from moving into unsubsidized employment at a point prior to the
maximum duration of the transitional job placement. Participants shall be paid
wages based on a workweek of not less than 30 hours per week or more than 40
hours per week, except that a parent of a child under the age of 6, a child who
is disabled, or a child with other special needs, or an individual who for other
reasons cannot successfully participate for 30 to 40 hours per week, may be
allowed to participate for more limited hours, but not less than 20 hours per
week. In any work week, 50 percent to 80 percent of hours shall be spent in the
transitional job and 20 percent to 50 percent of hours shall be spent in
education or training, or other services designed to reduce or eliminate any
barriers.
`(dd) Program operators shall provide case management services
and ensure access to appropriate education, training, and other services,
including job accommodation, work supports, and supported employment, as
appropriate and consistent with an individual plan that is based on the
individual's strengths, resources, priorities, concerns, abilities,
capabilities, career interests, and informed choice and that is developed with
each participant. The goal of each participant's plan shall focus on preparation
for unsubsidized jobs in demand in the local economy which offer the potential
for advancement and growth. Services shall also include job placement assistance
and retention services, which may include coaching and work place supports, for
12 months after entry into unsubsidized placement. Participants shall also
receive support services such as subsidized child care and transportation, on
the same basis as those services are made available to recipients of assistance
under the State program funded under this part who are engaged in work-related
activities.
`(ee) Providers shall work with individual recipients to
determine eligibility for other employment-related supports which may include
(but are not limited to) supported employment, other vocational rehabilitation
services, and programs or services available under the Workforce Investment Act
of 1998 (29 U.S.C. 2801 et seq.), or the ticket to work and self-sufficiency
program established under section 1148, and, to the extent possible, shall
provide transitional employment in collaboration with entities providing, or
arranging for the provision of, such other supports.
`(ff) Not more than 20 percent of the placements for a grantee
shall be with a private for-profit company, except that such 20 percent limit
may be waived by the Secretary for programs in rural areas when the grantee can
demonstrate insufficient public and non-profit worksites. When a placement is
made at a private for-profit company, the company shall pay 50 percent of
program costs (including wages) for each participant, and the company shall
agree, in writing, to hire each participant into an unsubsidized position at the
completion of the agreed upon subsidized placement, or sooner, provided that the
participant's job performance has been satisfactory. Not more than 5 percent of
the workforce of a private for-profit company may be composed of transitional
jobs participants.
`(IV) DEFINITION OF TRANSITIONAL JOBS PROGRAM- In this clause,
the term `transitional jobs program' means a program that is intended
to serve current and former recipients of assistance under a State or
tribal program funded under this part and other low-income individuals
who have been unable to secure employment through job search or other
employment-related services because of limited skills, experience, or
other barriers to employment.
`(iii) CAPITALIZATION- To develop capitalization procedures for
the delivery of self-sustainable social services.
`(iv) ADMINISTRATIVE EXPENDITURES- Not more than 5 percent of
the funds awarded to an eligible applicant under this paragraph may be
used for administrative expenditures incurred in carrying out the
activities described in clause (i), (ii), or (iii) or for expenditures
related to carrying out the assessments and reports required under
subparagraph (H).
`(F) DEFINITION OF ELIGIBLE INDIVIDUAL- In this paragraph, the
term `eligible individual' means--
`(i) an individual who is a parent who is a recipient of
assistance under a State or tribal program funded under this
part;
`(ii) an individual who is a parent who has ceased to receive
assistance under such a State or tribal program;
`(iii) an individual who is at risk of receiving assistance
under a State or tribal program funded under this part;
`(iv) an individual with a disability; or
`(v) a noncustodial parent who is unemployed, or is having
difficulty in paying child support obligations, including such a parent
who is a former criminal offender.
`(G) APPLICATION- Each eligible applicant desiring a grant under
this paragraph shall submit an application to the Secretaries at such
time, in such manner, and accompanied by such information as the
Secretaries may require.
`(H) ASSESSMENTS AND REPORTS BY GRANTEES-
`(i) IN GENERAL- An eligible applicant that receives a grant
under this paragraph shall assess and report on the outcomes of programs
funded under the grant, including the identity of each program operator,
demographic information about each participant, including education
level, literacy level, prior work experience and identified barriers to
employment, the nature of education, training, or other services
received by the participant, the reason for the participant's leaving
the program, and outcomes related to the placement of the participant in
an unsubsidized job, including 1-year employment retention, wage at
placement, benefits, and earnings progression, as specified by the
Secretaries.
`(ii) ASSISTANCE- The Secretaries shall--
`(I) assist grantees in conducting the assessment required
under clause (i) by making available where practicable low-cost means
of tracking the labor market outcomes of participants;
and
`(II) encourage States to provide such
assistance.
`(I) APPLICATION TO REQUIREMENTS OF THE STATE PROGRAM-
`(i) WORK PARTICIPATION REQUIREMENTS- With respect to any month
in which a recipient of assistance under a State or tribal program
funded under this part who satisfactorily participates in a business
linkage or transitional jobs program described in subparagraph (E) that
is paid for with funds made available under a grant made under this
paragraph, such participation shall be considered to satisfy the work
participation requirements of section 407 and be included for purposes
of determining monthly participation rates under subsection (b)(1)(B)(i)
of that section.
`(ii) PARTICIPATION NOT CONSIDERED ASSISTANCE- A benefit or
service provided with funds made available under a grant made under this
paragraph shall not be considered assistance for any purpose under a
State or tribal program funded under this part.
`(J) ASSESSMENTS BY THE SECRETARIES-
`(i) RESERVATION OF FUNDS- Of the amount appropriated under
subparagraph (L) for each of fiscal years 2003 and 2004, $3,000,000 of
such amount for each such fiscal year is reserved for use by the
Secretaries to prepare an interim and final report summarizing and
synthesizing outcomes and lessons learned from the programs funded
through grants awarded under this paragraph.
`(ii) INTERIM AND FINAL ASSESSMENTS- With respect to the reports
prepared under clause (i), the Secretaries shall
submit--
`(I) the interim report not later than 4 years after the date
of enactment of the Work, Opportunity, and Responsibility for Kids Act
of 2002; and
`(II) the final report not later than 6 years after such date
of enactment.
`(i) RESERVATION OF FUNDS- Of the amount appropriated under
subparagraph (L) for a fiscal year, an amount equal to 1.5 percent of
such amount for each such fiscal year shall be reserved for use by the
Secretaries to conduct evaluations in accordance with the requirements
of clause (ii).
`(ii) REQUIREMENTS- The Secretaries--
`(I) shall develop a plan to evaluate the extent to which
programs funded under grants made under this paragraph have been
effective in promoting sustained, unsubsidized employment for each
group of eligible participants, and in improving the skills and wages
of participants in comparison to the participants' skills and wages
prior to participation in the programs;
`(II) may evaluate the use of such a grant by a grantee, as
the Secretaries deem appropriate, in accordance with an agreement
entered into with the grantee after good-faith negotiations;
and
`(III) shall include, as appropriate, the following outcome
measures in the evaluation plan developed under subclause
(I):
`(aa) Placements in unsubsidized employment.
`(bb) Retention in unsubsidized employment 6 months and 12 months
after initial placement.
`(cc) Earnings of individuals at the time of placement in
unsubsidized employment.
`(dd) Earnings of individuals 12 months after placement in
unsubsidized employment.
`(ee) The extent to which unsubsidized job placements include
access to affordable employer-sponsored health insurance and paid leave
benefits.
`(ff) Comparison of pre- and post-program wage rates of
participants.
`(gg) Comparison of pre- and post-program skill levels of
participants.
`(hh) Wage growth and employment retention in relation to
occupations and industries at initial placement in unsubsidized employment and
over the first 12 months after initial placement.
`(ii) Recipient of cash assistance under the State program funded
under this part.
`(jj) Average expenditures per participant.
`(iii) REPORTS TO CONGRESS- The Secretaries shall submit to
Congress the following reports on the evaluations of programs funded
under grants made under this paragraph:
`(I) INTERIM REPORT- An interim report not later than 4 years
after the date of enactment of the Work, Opportunity, and
Responsibility for Kids Act of 2002.
`(II) FINAL REPORT- A final report not later than 6 years
after such date of enactment.
`(i) IN GENERAL- Out of any money in the Treasury of the United
States not otherwise appropriated, there is appropriated for grants
under this section, $200,000,000 for each of fiscal years 2003 through
2007.
`(ii) AVAILABILITY- Amounts appropriated under clause (i) for a
fiscal year shall remain available for obligation for 5 fiscal years
after the fiscal year in which the amount is
appropriated.'.
SEC. 705. GRANTS TO IMPROVE ACCESS TO TRANSPORTATION.
(a) IN GENERAL- Section 403(a) (42 U.S.C. 603(a)), as amended by
section 304, is further amended by adding at the end the following:
`(8) GRANT TO IMPROVE ACCESS TO TRANSPORTATION-
`(A) PURPOSES- The purposes of this paragraph are
to--
`(i) assist low-income families with children obtain dependable,
affordable automobiles to improve their employment opportunities and
access to training; and
`(ii) provide incentives to States, Indian tribes, local
governments, and nonprofit entities to develop and administer programs
that provide assistance with automobile ownership for low-income
families.
`(B) DEFINITIONS- In this paragraph:
`(i) LOCALITY- The term `locality' means a municipality that
does not administer a State program funded under this
part.
`(ii) LOW-INCOME FAMILY WITH CHILDREN- The term `low-income
family with children' means a household that is eligible for benefits or
services funded under the State program funded under this part or under
a program funded with qualified State expenditures (as defined in
section 409(a)(7)(B)(i)).
`(iii) NONPROFIT ENTITY- The term `nonprofit entity' means a
school, local agency, organization, or institution owned and operated by
1 or more nonprofit corporations or associations, no part of the net
earnings of which inures, or may lawfully inure, to the benefit of any
private shareholder or individual.
`(C) AUTHORITY TO AWARD GRANTS- The Secretary may award grants to
States, Indian tribes, counties, localities, and nonprofit entities to
promote improving access to dependable, affordable automobiles by
low-income families with children.
`(D) GRANT APPROVAL CRITERIA- The Secretary shall establish
criteria for approval of an application for a grant under this paragraph
that include consideration of--
`(i) the extent to which the proposal, if funded, is likely to
improve access to training and employment opportunities and child care
services by low-income families with children by means of car
ownership;
`(ii) the level of innovation in the applicant's grant proposal;
and
`(iii) any partnerships between the public and private sector in
the applicant's grant proposal.
`(i) IN GENERAL- A grant awarded under this paragraph shall be
used to administer programs that assist low-income families with
children with dependable automobile ownership, and maintenance of, or
insurance for, the purchased automobile.
`(ii) SUPPLEMENT NOT SUPPLANT- Funds provided to a State, Indian
tribe, county, or locality under a grant awarded under this paragraph
shall be used to supplement and not supplant other State, county, or
local public funds expended for car ownership programs.
`(F) APPLICATION- Each applicant desiring a grant under this
paragraph shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the Secretary may
reasonably require.
`(G) REVERSION OF FUNDS- Any funds not expended by a grantee
within 3 years after the date the grant is awarded under this paragraph
shall be available for redistribution among other grantees in such manner
and amount as the Secretary may determine, unless the Secretary extends by
regulation the time period to expend such funds.
`(H) LIMITATION ON ADMINISTRATIVE COSTS OF THE SECRETARY- Not more
than an amount equal to 5 percent of the funds appropriated to make grants
under this paragraph for a fiscal year shall be expended for
administrative costs of the Secretary in carrying out this
paragraph.
`(I) EVALUATION- The Secretary shall, by grant, contract, or
interagency agreement, conduct an evaluation of the programs administered
with grants awarded under this paragraph.
`(J) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to the Secretary to make grants under this paragraph,
$15,000,000 for each of fiscal years 2003 through 2007.'.
(b) IMPROVING USE OF TANF FUNDS FOR CAR OWNERSHIP MATCHING FUNDS-
Section 404(h)(2)(B) of the Social Security Act (42 U.S.C. 608(h)(2)(B)) is
amended by adding at the end the following:
`(iv) AUTOMOBILE PURCHASE OR MAINTENANCE- At the option of the
State, costs with respect to the purchase or maintenance of an
automobile.'.
SEC. 706. AT-HOME INFANT CARE.
Section 413 (42 U.S.C. 613), as amended by section 703(c), is amended
by adding at the end the following:
`(n) DEMONSTRATION PROJECTS FOR AT HOME INFANT CARE-
`(1) AUTHORITY TO AWARD GRANTS-
`(A) IN GENERAL- The Secretary shall award grants to not less than
5 and not more than 10 States to enable such States to carry out
demonstration projects to provide at-home infant care benefits to eligible
low-income families.
`(B) INDIAN TRIBES- An Indian tribe may submit an application for
a grant under this subsection. If awarded a grant, the Indian tribe shall
conduct a demonstration project to provide at-home infant care benefits to
eligible low-income families in the same manner, and to the same extent as
a State, except that the Secretary may modify the requirements of this
subsection as appropriate with respect to the Indian tribe. For purposes
of subparagraph (A), any grant awarded to an Indian tribe shall not count
toward the number of grants awarded to States.
`(A) IN GENERAL- To be eligible to participate in a program of
at-home infant care under a demonstration project established under
paragraph (1), a family shall--
`(i) have an income that does not exceed the limits specified in
section 658P(3)(B) of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858n(3)(B));
`(ii) include a child under the age of 2;
`(iii) include a parent (as defined in section 658P(8) of the
Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858n(8))), who meets the State's requirements for having had a recent
work history prior to application for at-home infant care benefits;
and
`(iv) meet such other eligibility requirements as the State may
establish.
`(B) 2-PARENT FAMILIES- A State selected to participate in a
demonstration project of at-home infant care under this section shall
permit 2-parent families to participate in the project but may not limit
participation in the project to such families.
`(3) AMOUNT OF ASSISTANCE- The amount of at-home infant care
benefits provided to an eligible family under this subsection for a month of
benefit receipt shall not exceed the payment rate applicable to eligible
child care providers for infant care under the State's payment rate
schedule, according to the provisions of section 658E(c)(4)(A) of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858c(c)(4)(A)).
`(4) SUBMISSION OF APPLICATIONS- An eligible low-income parent may
submit an application for at-home infant care benefits under a demonstration
project established under this subsection at any time prior to the date on
which the child attains age 2.
`(5) REQUIRED CERTIFICATIONS- A State selected to participate in a
demonstration project of at-home infant care under this section shall
provide certifications to the Secretary that--
`(A) during the period of the demonstration project, the State
shall not reduce expenditures for child care services below the levels in
effect in the fiscal year preceding the fiscal year in which the State
begins to participate in the project;
`(B) the State, in operating the demonstration project, shall not
give priority or preference to parents seeking to participate in the
program of At-Home Infant Care over other eligible parents on a waiting
list for child care assistance in the State;
`(i) provide parents applying to receive at-home infant care
benefits with information on the range of options for child care
available to the parents;
`(ii) ensure that approved applicants for at-home infant care
are permitted to choose between receipt of at-home infant care benefits
and receipt of a certificate that may be used with an eligible child
care provider for child care needed for employment; and
`(iii) provide that a family receiving an at-home infant care
benefit may exchange the benefit for a child care voucher for employment
at any time during the family's participation in the
program;
`(D) the State shall develop or update and implement a plan to
improve the quality of infant care, and shall use up to 10 percent of the
funds received under the demonstration project for efforts to improve the
quality of infant care in the State;
`(E) the State shall ensure that voluntary employment services are
offered to program participants after the completion of participation in
the program to assist the participants in returning to unsubsidized
employment; and
`(F) the State shall cooperate with information collection and
evaluation activity conducted by the Secretary.
`(6) TANF ASSISTANCE- The receipt of an at-home infant care benefit
funded under this subsection shall not be considered assistance under the
State program funded under this part for any purpose.
`(7) BENEFIT NOT TREATED AS INCOME- Notwithstanding any other
provision of law, the value of an at-home infant care benefit funded under
this subsection shall not be treated as income for purposes of any Federal
or federally-assisted program that bases eligibility, or the amount of
benefits or services provided, on need.
`(8) APPLICATION FOR PARTICIPATION AND SELECTION OF STATES-
`(A) APPLICATIONS- Not later than 90 days after the date of
enactment of the Work, Opportunity, and Responsibility for Kids Act of
2002, the Secretary shall publish a notice of opportunity to participate,
specifying the contents of an application for participation in the At-Home
Infant Care demonstration project funded under this subsection. The notice
shall include a timeframe for States to submit an application to
participate, and shall provide that all such applications are to be
submitted not later than 270 days after such date of
enactment.
`(i) IN GENERAL- The Secretary shall review the applications and
select the participating States not later than 1 year after such date of
enactment.
`(ii) CRITERIA- In selecting States to participate in the
demonstration project funded under this subsection, the Secretary
shall--
`(I) seek to ensure geographic diversity;
and
`(II) give priority to States--
`(aa) whose applications demonstrate a strong commitment to
improving the quality of infant care and the choice available to parents of
infants;
`(bb) with experience relevant to the operation of at-home infant
care programs; and
`(cc) in which there are demonstrable shortages of infant
care.
`(9) EVALUATION AND REPORT TO CONGRESS-
`(A) IN GENERAL- The Secretary shall conduct an evaluation of the
demonstration projects conducted under this subsection and submit a report
to Congress on such evaluation not later than 4 years after the date of
enactment of the Work, Opportunity, and Responsibility for Kids Act of
2002.
`(B) REQUIREMENTS- The evaluation required under this paragraph
shall expressly address the following:
`(i) Implementation experiences of the States participating in
the project in developing and operating programs of at-home infant care,
including design issues and issues in coordinating at-home infant care
benefits with benefits provided or funded under the Child Care and
Development Block Grant in the State.
`(ii) The characteristics of families seeking to participate and
participating in the programs of at-home infant care funded under this
subsection.
`(iii) The length of participation by families in such programs
and the reasons for the families ceasing to participate in the
programs.
`(iv) The prior and subsequent employment of participating
families and the effect of program participation on subsequent
employment participation of the families.
`(v) The costs and benefits of the programs of at-home infant
care.
`(vi) The effectiveness of State or tribal efforts to improve
the quality of infant care during the period in which the demonstration
project is conducted in the State.
`(C) RESERVATION OF FUNDS- Of the amount appropriated under
paragraph (10) for a fiscal year, $750,000 shall be reserved with respect
to each such fiscal year for purposes of conducting the evaluation
required under this paragraph.
`(10) APPROPRIATIONS- Out of any money in the Treasury of the United
States not otherwise appropriated, there is appropriated to carry out this
subsection, $30,000,000 for each of fiscal years 2003 through
2007.'.
SEC. 707. GRANTS TO CONDUCT DEMONSTRATION PROJECTS ON HOUSING WITH
SERVICES FOR FAMILIES WITH MULTIPLE BARRIERS TO WORK.
Section 413 (42 U.S.C. 603(a)), as amended by section 706, is further
amended by adding at the end the following:
`(o) INTERAGENCY DEMONSTRATION ON HOUSING WITH SERVICES-
`(1) IN GENERAL- The Secretary and the Secretary of Housing and
Urban Development (in this subsection referred to as the `Secretaries')
jointly shall award grants for the conduct and evaluation of demonstrations
of different models to provide housing with services to promote the
employment of individuals who have multiple barriers to work, including lack
of adequate housing, and who are--
`(A) parents or caretaker relatives who are eligible for a benefit
or service under the State program funded under this part;
or
`(B) non-custodial parents of children who are eligible for a
benefit or service under such State program.
`(A) ELIGIBLE RECIPIENTS- Grants shall be awarded under this
subsection on a competitive basis to States and organizations which have
exempt status under section 501(c)(3) of the Internal Revenue Code of
1986, including community and faith-based organizations.
`(B) LOCATION- In awarding such grants, the Secretaries shall
ensure that demonstrations are conducted in metropolitan and
nonmetropolitan areas.
`(i) IN GENERAL- Funds provided under a grant awarded under this
subsection shall be used for the cost of implementation and evaluation
of the demonstrations conducted with such funds.
`(ii) LIMITATION ON BENEFITS OR SERVICES TO NONCUSTODIAL
PARENTS- Not more than 10 percent of the total amount of grant funds
awarded to a State or organization under this subsection may be used to
provide benefits or services to noncustodial parents.
`(D) NOT CONSIDERED ASSISTANCE- A benefit or service provided with
funds made available under a grant awarded under this subsection shall not
for any purpose, be considered assistance under the State program funded
under this part.
`(E) DURATION; AVAILABILITY OF FUNDS- Funds provided under a grant
awarded under this subsection shall remain available for a period of 3
years after the date on which the grant is made.
`(3) EVALUATION- Not later than December 31, 2006, the Secretaries
shall publish an evaluation of the demonstrations conducted under grants
made under this subsection.
`(4) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to make grants under this subsection, $50,000,000 for fiscal
year 2004.'.
SEC. 708. TRANSITIONAL COMPLIANCE FOR TEEN PARENTS.
(a) IN GENERAL- Section 408(a)(5) (42 U.S.C. 608(a)(5)) is
amended--
(1) in subparagraph (A)(i), by striking `subparagraph (B)' and
inserting `subparagraphs (B) and (C)'; and
(2) by adding at the end the following:
`(C) AUTHORITY TO PROVIDE TEMPORARY ASSISTANCE- A State may use
any part of a grant made under section 403 to provide assistance to an
individual described in clause (ii) of subparagraph (A) who would
otherwise be prohibited from receiving such assistance under clause (i) of
that subparagraph, subparagraph (B), or under section 408(a)(4) for not
more than 60 days in order to assist the individual in meeting the
requirement of clause (i) of subparagraph (A), subparagraph (B), or under
section 408(a)(4) for receipt of such assistance.'.
(b) INCLUSION OF TRANSITIONAL LIVING YOUTH PROJECTS AS A FORM OF
ADULT-SUPERVISED SETTING- Section 408(a)(5)(A) (42 U.S.C. 608(a)(5)(A)), as
amended by subsection (a), is further amended--
(1) by striking `do not reside in a' and inserting `do not
reside--
(2) by striking the period and inserting `; or'; and
(3) by adding at the end the following:
`(II) in a transitional living youth project funded under a
grant made under section 321 of the Runaway and Homeless Youth Act (42
U.S.C. 5714-1).'.
SEC. 709. TANF PROGRAMS MANDATORY PARTNERS WITH ONE-STOP EMPLOYMENT
TRAINING CENTERS; STATE OPT-OUT.
Section 408 (42 U.S.C. 608) is amended by adding at the end the
following:
`(h) MANDATORY PARTNERS WITH ONE-STOP EMPLOYMENT TRAINING CENTERS
UNLESS STATE OPT-OUT- For purposes of section 121(b) of the Workforce
Investment Act of 1998, a State program funded under this part shall be
considered a program referred to in paragraph (1)(B) of such section, unless,
after the date of enactment of this subsection, the Governor of the State
notifies the Secretary of Health and Human Services and the Secretary of Labor
in writing of the decision of the Governor not to make the State program a
mandatory partner.'.
SEC. 710. ADVANCED PLANNING DOCUMENT PROCESS FOR INFORMATION MANAGEMENT
SYSTEMS PROCUREMENT APPROVAL.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Health and Human Services, the Secretary of Agriculture, the
Secretary of Labor, the Secretary of Education, the Director of the Office of
Management and Budget, and the chief administering officer of any other
Federal agency with responsibility for administering a federally funded social
services program, in consultation with representatives of the National
Governors Association, the American Public Human Services Association, and the
National Conference of State Legislatures, jointly shall review and submit to
Congress a report containing recommendations for improving the Federal laws
(including regulations and guidelines) applicable to the approval of human
service information systems. The report shall--
(1) review the advanced planning document process for information
management systems procurement approval, in connection with the information
management systems required for States to efficiently and effectively
operate the social services programs;
(2) consider the merits of developing a single Federal approval
process for multiprogram information system procurement and
administration;
(3) include recommendations for improving the current Federal cost
allocation requirements; and
(4) consider the merits of allowing State procurement standards that
meet or exceed Federal standards to be sufficient for purposes of Federal
approval.
SEC. 711. WAIVERS.
(a) CONTINUATION OF PREWELFARE REFORM WAIVERS- Section 415 (42 U.S.C.
615) is amended by adding at the end the following new subsection:
`(e) CONTINUATION OF WAIVERS APPROVED OR SUBMITTED BEFORE DATE OF
ENACTMENT OF WELFARE REFORM-
`(1) IN GENERAL- Notwithstanding subsection (a) but subject to
paragraph (2), with respect to any State that is operating under a waiver
described in that subsection which would otherwise expire on a date that
occurs during the period that begins on October 1, 2002, and ends on
September 30, 2007, the State may elect to continue to operate under that
waiver, on the same terms and conditions as applied to the waiver on the day
before such date, through September 30, 2007.
`(2) NO EFFECT ON APPLICATION OF UNIVERSAL ENGAGEMENT AND INDIVIDUAL
RESPONSIBILITY PLAN REQUIREMENTS- Notwithstanding paragraph (1), the
continuation of a waiver under paragraph (1) shall not affect the
applicability of section 408(b) (as amended by the Work, Opportunity, and
Responsibility for Kids Act of 2002) to the State.'.
(b) APPROVAL OF WAIVERS TO DUPLICATE INNOVATIVE PROGRAMS- Section 415
(42 U.S.C. 615), as amended by subsection (a), is further amended by adding at
the end the following:
`(f) REQUIREMENT TO APPROVE WAIVERS TO DUPLICATE INNOVATIVE PROGRAMS-
`(1) IN GENERAL- Notwithstanding any other provision of law, if a
State submits an application for a waiver of 1 or more requirements of this
part that contains terms that are similar or identical to the terms of a
waiver eligible to be continued under subsection (e), and the application
satisfies the requirements of paragraph (2), the Secretary--
`(A) shall approve the application for a period of at least 2
years, but not more than 4 years, unless the Secretary determines that
approval would be inconsistent with the purposes of this part set forth in
section 401;
`(B) at the end of the waiver period, shall review documentation
of the effectiveness of the waiver provided by the State;
and
`(C) if such documentation adequately demonstrates that the
program as implemented under the waiver has been effective, may renew the
waiver for such period as the Secretary determines appropriate, but not
later than September 30, 2007.
`(2) APPLICATION REQUIREMENTS- An application for a waiver described
in paragraph (1) shall--
`(A) describe relevant State caseload characteristics and labor
market conditions;
`(B) specify how the waiver is likely to result in improved
employment outcomes, improved child well-being, or both;
`(C) describe the State's proposed approach for evaluation of the
program under the waiver; and
`(D) include an agreement to conduct an independent evaluation of
the waiver and to submit the results of the evaluation to the
Secretary.'.
(c) CONFORMING AMENDMENT- Section 415(b)(1) (42 U.S.C. 615(b)(1)) is
amended by inserting `, extended under subsection (e), or approved under
subsection (f)' after `(a)'.
SEC. 712. ANTIDISCRIMINATION.
(a) NONDISPLACEMENT IN WORK ACTIVITIES- Section 407(f) (42 U.S.C.
607(f)) is amended to read as follows:
`(1) IN GENERAL- An adult in a family receiving assistance under a
State program funded under this part, in order to engage in a work activity,
shall not displace any employee or position (including partial displacement,
such as a reduction in the hours of nonovertime work, wages, or employment
benefits), fill any unfilled vacancy, or perform work when any individual is
on layoff from the same or substantially equivalent job.
`(2) PROHIBITIONS- A work activity engaged in under a program
operated with funds provided under this part shall not impair any existing
contract for services, be inconsistent with any existing law, regulation, or
collective bargaining agreement, or infringe upon the recall rights or
promotional opportunities of any worker.
`(3) NO SUPPLANTING OF OTHER HIRES- A work activity engaged in under
a program operated with funds provided under this part shall be in addition
to any activity that otherwise would be available and shall not supplant the
hiring of an employed worker not funded under such program.
`(4) ENFORCING ANTIDISPLACEMENT PROTECTIONS-
`(A) IN GENERAL- The State shall establish and maintain an
impartial grievance procedure, which shall include the opportunity for a
hearing, to resolve any complaints alleging violations of the requirements
of paragraphs (1), (2), or (3) within 60 days of receipt of the complaint
and, if a decision is adverse to the party who filed such grievance or no
decision has been reached, provide for the completion of an arbitration
procedure within 75 days of receipt of the complaint or the adverse
decision or conclusion of the 60-day period, whichever is
earlier.
`(B) REMEDIES- Remedies for a violation of the requirements of
paragraph (1), (2), or (3) shall include termination or suspension of
payments, prohibition of the placement of the participant, reinstatement
of an employee, and other relief to make an aggrieved employee
whole.
`(C) LIMITATION ON PLACEMENT- If a grievance is filed regarding a
proposed placement of a participant, such placement shall not be made
unless such placement is consistent with the resolution of the grievance
pursuant to this paragraph.
`(D) NONPREEMPTION OF STATE LAW- The provisions of this paragraph
shall not be construed to preempt any provision of State law that affords
greater protections to employees or to other participants engaged in work
activities under a program funded under this part than is afforded by the
provisions of this paragraph.
`(E) NON-EXCLUSIVE PROCEDURES- The grievance procedures specified
in this paragraph are not exclusive, and an aggrieved employee or
participant in a program funded under a grant made under this part may
pursue other remedies or procedures available under applicable contracts,
collective bargaining agreements, or Federal, State, or local
laws.
(b) APPLICATION OF WORKPLACE LAWS TO TANF RECIPIENTS- Section 408 (42
U.S.C. 608), as amended by section 709, is further amended by adding at the
end the following:
`(i) APPLICATION OF WORKPLACE LAWS-
`(1) IN GENERAL- Notwithstanding any other provision of law,
workplace laws, including (but not limited to) the Fair Labor Standards Act
of 1938 (29 U.S.C. 201 et seq.), the Occupational Safety and Health Act of
1970 (29 U.S.C. 651 et seq.), title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.), the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.), and title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.) shall apply to an individual who is a recipient of
assistance under the State program funded under this part in the same manner
as such laws apply to other workers. The fact that such an individual is
participating in, or seeking to participate in work activities under the
State program funded under this part in satisfaction of the work activity
requirements of the program, shall not deprive the individual of the
protection of any Federal, State, or local workplace law.'.
(c) NEUTRALITY- Section 408(i) of the Social Security Act (42 U.S.C.
608(h)), as added by subsection (b), is amended by adding at the end the
following:
`(2) NEUTRALITY- No funds provided under this part shall be used to
assist, promote, or deter organizing for the purpose of collective
bargaining.'.
(d) STUDY REGARDING COMPLIANCE WITH NONDISCRIMINATION PROVISIONS-
(1) IN GENERAL- The Comptroller General of the United States shall
conduct a study to determine--
(A) the extent to which States have complied with the requirement
of section 408(d) of the Social Security Act (42 U.S.C. 608(d)) that the
provisions of law referred to in that section apply to any program or
activity which receives funds provided under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.); and
(B) recommendations for improving such compliance.
(2) REPORT- Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit a report to Congress on the
study conducted under paragraph (1).
(e) BAN ON IMPOSITION OF STRICTER ELIGIBILITY CRITERIA FOR 2-PARENT
FAMILIES-
(1) PROHIBITION- Section 408(a) (42 U.S.C. 608(a)) is amended by
adding at the end the following:
`(12) BAN ON IMPOSITION OF STRICTER ELIGIBILITY CRITERIA FOR
2-PARENT FAMILIES- In determining the eligibility of a 2-parent family for
any benefit or service funded under this part or funded with non-Federal
funds counting toward the State's qualified State expenditures under section
409(a)(7), the State shall not impose a requirement that does not apply in
determining the eligibility of a 1-parent family for such
assistance.'.
(2) PENALTY- Section 409(a) (42 U.S.C. 609(a)), as amended by
section 109, is amended by inserting after paragraph (5), the
following:
`(6) PENALTY FOR IMPOSITION OF STRICTER ELIGIBILITY CRITERIA FOR
2-PARENT FAMILIES-
`(A) IN GENERAL- If the Secretary 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 Secretary shall reduce the grant
payable to the State under section 403(a)(1) for the immediately
succeeding fiscal year by an amount up to 5 percent of the State family
assistance grant.
`(B) PENALTY BASED ON SEVERITY OF FAILURE- The Secretary shall
impose reductions under subparagraph (A) with respect to a fiscal year
based on the degree of noncompliance.'.
(3) ASSURANCE OF EQUAL TREATMENT- Section 402(a) (42 U.S.C. 602(a)),
as amended by section 702(3), is amended by adding at the end the
following:
`(11) CERTIFICATION OF EQUAL TREATMENT OF 2-PARENT FAMILIES- The
chief executive officer of the State shall submit to the Secretary a
certification that in conducting the State program funded under this part,
the State does not have rules or procedures that discriminate against
2-parent families.'.
TITLE VIII--OTHER PROVISIONS
SEC. 801. REVIEW OF STATE AGENCY BLINDNESS AND DISABILITY
DETERMINATIONS.
Section 1633 of the Social Security Act (42 U.S.C. 1383b) is amended
by adding at the end the following:
`(e)(1) The Commissioner of Social Security shall review
determinations, made by State agencies pursuant to subsection (a) in
connection with applications for benefits under this title on the basis of
blindness or disability, that individuals who have attained 18 years of age
are blind or disabled as of a specified onset date. The Commissioner of Social
Security shall review such a determination before any action is taken to
implement the determination.
`(2)(A) In carrying out paragraph (1), the Commissioner of Social
Security shall review--
`(i) at least 25 percent of all determinations referred to in
paragraph (1) that are made in fiscal year 2003; and
`(ii) at least 50 percent of all such determinations that are made
in fiscal year 2004 or thereafter.
`(B) In carrying out subparagraph (A), the Commissioner of Social
Security shall, to the extent feasible, select for review the determinations
which the Commissioner of Social Security identifies as being the most likely
to be incorrect.'.
SEC. 802. CUSTOMS USER FEES.
Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(j)(3)) is amended by striking `September 30, 2003'
and inserting `February 28, 2005'.
TITLE IX--EFFECTIVE DATE
SEC. 901. EFFECTIVE DATE.
(a) IN GENERAL- Except as otherwise provided, the amendments made by
this Act shall take effect on October 1, 2002.
(b) EXCEPTION- In the case of a State plan under part A or D of title
IV of the Social Security Act which the Secretary determines requires State
legislation in order for the plan to meet the additional requirements imposed
by the amendments made by this Act, the effective date of the amendments
imposing the additional requirements shall be 3 months after 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 Act. For purposes of the preceding sentence, in the case of a State that
has a 2-year legislative session, each year of the session shall be considered
to be a separate regular session of the State legislature.
Calendar No. 518
107th CONGRESS
2d Session
H. R. 4737
[Report No. 107-221]
AN ACT
To reauthorize and improve the program of block grants to States for
temporary assistance for needy families, improve access to quality child care,
and for other purposes.
July 25, 2002
Reported with an amendment
END