H. R. 2193
To amend title IV of the Social Security Act
to ensure funding for grants to promote responsible fatherhood and strengthen
low-income families, and for other purposes.IN THE HOUSE
June 15, 2011
DAVIS of Illinois (for himself, Ms. JACKSON LEE of Texas, Mr. RANGEL, Mr. TOWNS,
Mrs. CHRISTENSEN, Mr. BRADY of Pennsylvania, Mr. CONYERS, Mr. CLAY, and Mr. RUSH)
introduced the following bill; which was referred to the Committee on Ways and
Means, and in addition to the Committees on Education and the Workforce, Energy
and Commerce, and Agriculture, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
amend title IV of the Social Security Act to ensure funding for grants to promote
responsible fatherhood and strengthen low-income families, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may
be cited as the `Julia Carson Responsible Fatherhood and Healthy Families Act
(b) Table of Contents- The table of contents of this
Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--PROMOTING RESPONSIBLE FATHERHOOD AND
STRENGTHENING LOW-INCOME FAMILIES
Sec. 101. State assessments
of barriers to employment and financial support of children.
102. Grants to States to conduct demonstration projects to promote economic opportunity
for low-income parents.
Sec. 103. Healthy marriage promotion
and responsible fatherhood programs.
Sec. 104. Elimination
of separate TANF work participation rate for 2-parent families.
105. Ban on recovery of Medicaid costs for births.
106. Improved collection and distribution of child support.
107. Collection of child support under the supplemental nutrition assistance program.
108. Grants supporting healthy family partnerships for domestic violence intervention
Sec. 109. Procedures to address domestic
TITLE II--REVENUE PROVISION
201. Increase in credit percentage under earned income tax credit for eligible
individuals with no qualifying children.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States
almost has the highest child poverty rate among 34 industrialized countries.
(2) Thirty-one percent of all children in the United States lived with only 1
or neither of their parents. African-American children are the most likely of
all children to live in such families--62 percent, compared to 48 percent of American
Indian children, 33 percent of Hispanic children, 22 percent of non-Hispanic white
children, and 15 percent of Asian-American and Pacific Islander children.
(3) One of the most important factors in a child's upbringing is whether the child
is brought up in a loving, healthy, supportive environment.
(4) Children who grow up with 2 parents are, on average, more likely than their
peers in single-parent homes to finish high school and be economically self-sufficient.
(5) Father-child interaction, like mother-child interaction, has been shown to
promote the positive physical, social, emotional, and mental development of children.
(6) Children typically live without both parents when their parents are divorced
or did not marry. More than 1/3 of all first marriages end in divorce, and about
60 percent of divorcing couples have children. More than 40 percent of all births
are to unmarried women.
(7) More than 1 in 4 families
with children have only 1 parent present, and more than 1 in 3 children live absent
their biological father.
(8) Recent studies demonstrate
that most unwed fathers in urban areas are highly involved with the mother of
their child before and after the child's birth, with 80 percent involved during
the mother's pregnancy, and 50 percent living with the child's mother at the time
of the child's birth. However, the relationship between the parents often does
not last, and many fathers do not maintain contact with their children as the
children grow up.
(9) An estimated 25 percent of the
children who live in households without their father have not seen their fathers
in at least 1 year.
(10) Fathers' love, care, and emotional
support are positively linked to good social, emotional, and cognitive development
in their children; their children's academic achievement; lower rates of risky
behaviors and contact the juvenile justice system; positive social behavior; positive
emotional health; and healthy self-esteem.
has demonstrated that most fathers want to do well for their children. Rates of
visitation among non-custodial fathers are higher than expected and mothers do
want fathers involved in the lives of their children.
(12) The inability of parents to sustain a healthy relationship with their child's
other parent and remain involved in their child's life can have severe negative
consequences for the parents, the child, their community, and taxpayers.
(13) Single-parent families are 4 to 5 times as likely to be poor as married-couple
(14) Children raised in single-parent families
are more likely than children raised in 2-parent families to do poorly in school,
have emotional and behavioral problems, become teenage parents, commit crimes,
smoke cigarettes, abuse drugs and alcohol, and have poverty-level incomes as adults.
(15) High rates of unemployment and low wages are primary reasons why parents
do not marry and why 2-parent families break up.
When components of family and jobs supports are paired with responsible fatherhood
programming, more fathers declare paternity, more live with their children, and
more non-custodial men pay child support.
violence is also a significant problem leading to the nonformation or breakup
of 2-parent families.
(18) Unemployment for Black workers
remained almost double what it is for Whites, a ratio unchanged in at least 35
years. In metropolitan areas, Blacks are the racial group most spatially isolated
from available jobs.
(19) A history of incarceration
is a major barrier to employment. Sixty percent of young African-American men
who dropped out of high school have served time. When these men leave prison,
they often have difficulty finding a job and supporting their children.
(20) Youth who are disconnected from school and employment are more likely than
others to engage in crime, become incarcerated, and rely on public systems of
support. While all races and ethnicities are represented among this youth population,
research studies show that African-American males constitute a disproportionate
share due to their overrepresentation in the child welfare and juvenile justice
(21) Over 1/2 of State prison inmates are parents.
When noncustodial parents go to prison, most of them are required to pay their
child support obligation, even though they have little ability to pay the support.
When these parents leave prison, they typically owe more than $20,000 in child
support debt. Noncustodial parents leaving prison often re-enter the underground
economy because of financial pressures or to avoid the child support system, making
it less likely that they will successfully rejoin society and reunite with their
(22) Children should receive the child support
paid by their parents, and the government should not keep the money to recover
welfare costs. Regular child support income appears to have a greater positive
impact on children dollar for dollar than other types of income. Researchers in
Wisconsin found that when monthly child support was passed through to families
receiving assistance under the Temporary Assistance for Needy Families program
established under part A of title IV of the Social Security Act (TANF) and disregarded
100 percent in determining assistance for the families, fathers paid more child
support, established their legal relationship with their children more quickly,
and worked less in the underground economy. Moreover, the State costs of a full
pass-through and disregard of child support were fully offset by increased payments
by fathers and decreased public assistance use by families.
(23) Funding spent on Federal child support collection is cost-effective, especially
when it addresses fathers' particular circumstances and passes payments through
to the family. The child support program collects $4.88 in support payments for
families for every public dollar spent.
(24) The Department
of Health and Human Services National Child Support Enforcement Strategic Plan
for fiscal years 2005 through 2009 states that `child support is no longer a welfare
reimbursement, revenue-producing device for the Federal and State governments;
it is a family-first program, intended to ensure families' self-sufficiency by
making child support a more reliable source of income'.
(25) Current law permits States to apply the cost of passing through child support
to families receiving assistance under the TANF program toward their maintenance
of effort (MOE) requirements, but only to the extent that the State disregards
the child support payments in determining the amount and type of TANF assistance.
(26) While the Federal government has over 40 programs that provide some funding
for employment and training, the United States is near the bottom of industrialized
nations in spending on `active labor market policy.' Low-income men have become
increasingly disconnected from school and work--and increasingly poor. A large
portion of those men are non-custodial fathers.
The negative effect of a criminal conviction is substantially larger for Blacks
than for Whites.
(28) African-Americans constitute only
14 percent of drug users, but they represent 34 percent of those arrested for
drug offenses, 44 percent of drug convictions, and 45 percent of drug offenders
in State prison. One in 15 African-American males over 18 is behind bars as opposed
to 1 out of 36 for Latinos and one out of 106 for White males. In addition, approximately
650,000 men and women are released from State and Federal prison annually. This
number does not include those who come home from city and county jails. If current
trends continue, the chilling extrapolation is that 1 in 3 Black males born today
can expect to spend time in prison during his lifetime. These men are disproportionately
removed from lower income, segregated, and disinvested communities, where they
will eventually return--too often without the skills they need to become successful
husbands, fathers, neighbors, and wage earners.
Programs that increase employment opportunity and reduce barriers by increasing
employment opportunity and reducing recidivism will benefit children and families.
(30) Transitional jobs programs have shown promise in reducing unemployment among
chronically unemployed or underemployed population groups, including formerly
incarcerated individuals, the homeless, and young African-American men.
(31) To strengthen families it is important to improve the upward economic mobility
of the custodial and noncustodial parent wage-earners, as well as youth at risk
of early parenthood or incarceration, by providing the skills and experience necessary
to access jobs with family sustaining wages and benefits. In families in which
all the members do not live together, this is important to enable the prompt and
consistent payment of adequate child support.
is important and useful to foster local and regional economic development and
job advancement for workers, especially young custodial and noncustodial parents,
by funding local collaborations among business, education, and the community in
the development of pathways for preparing disadvantaged citizens to meet the workforce
needs of the local and regional economy.
benefit from working with and being supported by the local education, postsecondary,
and workforce systems in identifying the academic and occupational skill sets
needed to fill the skilled jobs in the changing economy. Local economic and community
development is enhanced when residents have access to higher wage employment,
thus increasing the tax base, fueling the economy, and contributing to greater
family economic security.
(34) Public-private career
pathways partnerships are an important tool for linking employers and workers
with the workforce education services they need and for integrating community
economic development and workforce education services. Transitional jobs programs
can serve as the first step in a career pathway by giving unemployed individuals
with multiple barriers to employment, valuable work experience and related services.
(35) Evaluations of State child support enforcement policies have shown that supportive
child support enforcement policies, rather than coercive ones, have a positive
impact on father involvement.
(36) The purpose of child
support is to provide necessary income support for and increase the well-being
of children living apart from a parent. To improve the ability of low-income noncustodial
parents to provide long-term support and care for their children throughout their
entire childhood, it is important that child support polices support parental
efforts to pursue education and employment and to stay involved with their children.
(37) Responsible parenthood includes active participation in financial support
and child-rearing, as well as the formation and maintenance of a positive, healthy,
and nonviolent relationship between parent and child and a cooperative, healthy,
and nonviolent relationship between parents.
should be encouraged to implement voluntary programs that provide support for
responsible parenting, including by increasing the employment and financial security
of parents, and the parental involvement of noncustodial parents.
(39) Promoting responsible parenthood saves the government money by reducing the
need for public assistance, increasing the educational attainment of children,
reducing juvenile delinquency and crime, reducing substance abuse, and lowering
rates of unemployment.
(40) Programs to encourage responsible
fatherhood or responsible motherhood should promote and provide support services
(A) fostering loving and healthy relationships
between parents and children;
responsibility of noncustodial parents for the long-term care and financial well-being
of their children;
(C) increasing employment
of low-income, noncustodial parents and improving compliance with child support
(D) reducing barriers to active
2-parent involvement and cooperative parenting.
(41) The promotion of marriage and responsible parenthood should not minimize
the standing or parenting efforts of single parents or other caregivers, lessen
the protection of children from abusive parents, or compromise the safety or health
of the custodial or noncustodial parent, but should increase the chance that children
will have 2 caring parents to help them grow up healthy and secure.
I--PROMOTING RESPONSIBLE FATHERHOOD AND STRENGTHENING LOW-INCOME FAMILIES
101. STATE ASSESSMENTS OF BARRIERS TO EMPLOYMENT AND FINANCIAL SUPPORT OF CHILDREN.
(a) State Assessments and Reports- As a condition of the continued approval of
a State plan under part D of title IV of the Social Security Act (42 U.S.C. 651
et seq.), each State with an approved such plan, acting through the appropriate
State agencies, shall assess the State policies with respect to the issues described
in subsection (b) and submit a report to the Secretary of Health and Human Services
on the results of such assessment not later than October 1, 2012.
(b) Issues Described- For purposes of subsection (a), the issues described in
this subsection are the following:
(1) The process of setting
and modifying child support obligations, particularly with respect to low-income
(A) the role and criteria for
using imputed income in determining child support obligations;
(B) the process of modifying obligations;
the consideration of income and employment status, including efforts to identify
(D) the consideration of
(E) the consideration of disability;
(F) the treatment of arrearages, including interest charged, and laws or procedures
that interfere with forgiveness, adjustment, waiver, or compromise of arrears
owed to the State by low-income noncustodial parents who lack sufficient ability
to pay such arrearages;
(G) the procedures related
to retroactive support; and
(H) State pass-through
and disregard policies for recipients of means-tested public benefits.
(2) The impact of State criminal laws and law enforcement practices on the employment
acquisition, retention, and advancement prospects of individuals following arrest,
conviction, or incarceration, including--
efforts, including counseling or employment support, to assist ex-prisoners with
reentry to a community and successful reunification with their families; and
(B) an assessment of any efforts to seal or expunge arrest and conviction records
and any efforts to grant certificates or other acknowledgments of rehabilitation
to ex-prisoners, and to examine State occupational licensing and certification
(3) An assessment of the impact of debt
on employment retention, including child support and non-child support debts imposed
to recover costs related to welfare and criminal justice.
(4) An assessment of State practices related to providing prisoners and ex-prisoners
with valid identification documents upon release from prison.
(5) Identification of any other barriers to healthy family formation or sustainable
economic opportunity for custodial and noncustodial parents that are created or
exacerbated by Federal or State laws, policies, or procedures, including an examination
of the rules of Federal and State means-tested programs, the operation of the
State workforce system, the availability of financial education services, and
the availability of domestic violence services and child support procedures to
help victims of domestic violence stay safe and obtain the child support they
(c) Grants to States for Commissions on State Law
Improvements in the Best Interest of Children and Families- The Secretary of Health
and Human Services shall award grants to States to establish or support commissions
to review the State assessment conducted in accordance with subsection (a) and
to make recommendations on ways to improve State law in the best interest of children
(d) Appropriations- Out of any money in the Treasury
of the United States not otherwise appropriated, there are appropriated to the
Secretary of Health and Human Services for each of fiscal years 2011 through 2015,
$3,000,000, to remain available until expended, for the purpose of making--
(1) payments to States to offset all or a portion of the costs of conducting the
State assessments and reports required under subsection (a); and
(2) grants to States under subsection (c).
SEC. 102. GRANTS
TO STATES TO CONDUCT DEMONSTRATION PROJECTS TO PROMOTE ECONOMIC OPPORTUNITY FOR
(a) Court-Supervised or IV-D Agency-Supervised
Employment Programs for Noncustodial Parents-
(1) IN GENERAL-
To assist States in implementing section 466(a)(15) of the Social Security Act,
the Secretary of Health and Human Services shall award grants to States to conduct
demonstration projects to establish, in coordination with counties and other local
or tribal governments, court-supervised or IV-D agency supervised-employment programs
for noncustodial parents who have barriers to employment and a history of nonpayment
of child support obligations, as determined by a court or the IV-D agency, and
who are determined by the court or agency to be in need of employment services
or placement 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 under this subsection.
(A) OPTION TO PARTICIPATE PRIOR
TO CONTEMPT FINDING- A State shall not be eligible to receive a grant under this
subsection unless any program established with funds made available under the
grant provides noncustodial parents described in paragraph (1) with an option
to participate in the program prior to the court or agency entering a finding
that the noncustodial parent is in contempt for failure to pay a child support
obligation and, potentially subject to criminal penalties.
(B) PROGRAM GOALS- An employment program established with funds made available
under a grant awarded under this subsection shall be designed to do the following:
(i) To assist noncustodial parents described in paragraph (1) obtain and maintain
(ii) To increase
the amount of financial support received by children.
(iii) To help noncustodial parents described in paragraph (1) improve relationships
with their children and their children's custodial parent.
(C) 6 MONTHS OF CONTINUOUS, TIMELY PAYMENTS- An employment program established
with funds made available under this subsection 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
(i) Services provided under an employment program established with funds made
available under a grant made under this subsection must include the following:
(I) Job placement, including job development and supervised job search as necessary.
(II) Case management, including educational assessment and advising, vocational
assessment and career exploration services, and court liaison services.
(III) Counseling on responsible parenthood.
(IV) Referral for support and educational services.
(V) Employment retention services.
(ii) Services provided under an employment program established with funds made
available under a grant made under this subsection may include the following:
(I) Remedial education services or educational referral.
(II) Support funds for services such as transportation, child care, or short-term
career pathway partnerships established in accordance with subsection (b)(2).
(V) Occupational skill training, including college credit programs.
(VI) Curricula development.
A State that receives a grant under this subsection may contract with a public
or private nonprofit organization, including a faith-based or community-based
organization, to administer (in conjunction with the court of jurisdiction or
the IV-D agency) the court-supervised or IV-D agency-supervised employment program.
(b) Transitional Jobs and Public-Private Partnership Grants- The Secretary of
Labor shall award grants to States to conduct demonstration projects to carry
out one or more of the projects described in paragraphs (1) and (2).
(1) TRANSITIONAL JOBS GRANTS-
(A) IN GENERAL- To
establish and expand transitional jobs programs for eligible individuals, including
such programs conducted by local governments, State employment agencies, nonprofit
organizations, and faith-based or community-based organizations or intermediaries,
(i) combine time-limited employment
in transitional jobs that may be subsidized with public funds, with activities
that promote skill development and remove barriers to employment, such as case
management services and education, training, child support-related services, and
other activities, pursuant to individual plans; and
(ii) provide such individuals with--
(I) transitional jobs placements and job placement assistance, to help the individuals
make the transition from subsidized employment in transitional jobs to stable
unsubsidized employment; and
(II) retention services after the transition to unsubsidized employment.
(B) ELIGIBLE INDIVIDUALS- For purposes of this paragraph, the term `eligible individuals'
means individuals within any of the following categories of disproportionately
chronically unemployed individuals:
Individuals who have attained age 16, but not attained age 36, and who have documented
barriers to employment such as lack of a high school diploma, limited English
proficiency, aging out of foster care, or offender status, particularly such individuals
who are parents or expectant parents.
(ii) Formerly incarcerated individuals.
(iii) Homeless or formerly homeless individuals.
(iv) Individuals with disabilities.
(v) Individuals designated by a court or the IV-D agency to participate in transitional
(C) LIMITATIONS ON USE OF
(i) ALLOWABLE ACTIVITIES- A State
that receives a grant under this paragraph (or a subgrantee of such State) (referred
to in this paragraph as the `program operator') shall use the funds made available
under the grant to operate a transitional jobs program for eligible individuals
consistent with the following requirements:
(I) JOBS- The program operator shall place eligible individuals in temporary jobs,
the incomes from which may be subsidized in whole or in part with public funds.
An eligible individual placed in such a job (referred to in this paragraph as
`a participant') shall perform work directly for the program operator or another
public, nonprofit, or private sector organization (which operator or organization
may be referred to in this paragraph as a `worksite employer') within the community
(aa) IN GENERAL- Subject to item (bb), the transitional jobs program shall provide
a participant with not less than 30, and not more than 40, hours per week of a
combination of paid employment and the services described in subclauses (III),
(IV), and (V).
(bb) ACCOMMODATION OF SPECIAL CIRCUMSTANCES-
The number of hours per week required under item (aa) may be adjusted in the case
of a participant who requires a modified work week to accommodate special circumstances.
(III) JOB PREPARATION AND SERVICES- The program
(aa) develop an individual
plan for each participant, which shall contain a goal that focuses on preparation
of the participant for unsubsidized jobs in demand in the local economy that offer
the potential for advancement and growth (including increases in wages and benefits);
(bb) develop transitional jobs placements for participants that
will best prepare them for jobs described in item (aa) or participation in the
public-private career pathway partnerships established in accordance with paragraph
(cc) provide case management services and ensure
that appropriate education, training, and other activities are available to participants,
consistent with each participant's individual plan.
(IV) JOB PLACEMENT ASSISTANCE AND RETENTION SERVICES- The program operator shall
provide job placement assistance to help participants obtain unsubsidized employment
and shall provide retention services to the participants for a minimum of 6 months
after entry into the unsubsidized employment.
(V) EDUCATION OR TRAINING- In any workweek in which a participant is scheduled
to work at least 30 hours in the program, not less than 20 percent of the scheduled
hours and not more than 50 percent of the scheduled hours shall involve participation
(aa) education or training activities
designed to improve the participant's employability and potential earnings;
(bb) other activities designed to reduce or eliminate any barriers
that may impede the participant's ability to secure and advance in unsubsidized
(cc) activities designed to promote financial
literacy and the use of products and services that increase personal savings and
build financial assets for family support, education, homeownership, and retirement.
(aa) IN GENERAL- Subject to item (bb), the duration of any placement in the program
shall be for a minimum period of 3 consecutive months.
(bb) 3-month EXTENSION- A program placement may be extended for up to 2 additional
consecutive 3-month periods upon the conclusion of the original 3-month placement
period if such extension would be consistent with the individual's plan for transition
to unsubsidized employment.
The worksite employer or program operator shall supervise program participants,
consistent with the goal of addressing the limited work experience and skills
of the participants.
Not later than 120 days after the end of the grant period, the State shall submit
a report to the Secretary of Labor that contains information on the number of
participants in the program who have entered unsubsidized employment, the percentage
of program participants who are employed during the second quarter after exit,
the percentage of program participants who are employed during the fourth quarter
after exit, the median earnings of program participants during the second quarter
after exit, the percentage of program participants who obtain an education or
training credential during participation or within one year of exit, and demographic
information regarding the participants.
TECHNICAL ASSISTANCE- The Secretary of Labor shall enter into contracts with entities
with demonstrated experience in the provision of transitional jobs to provide
technical assistance to the program operators and worksite employers for the programs
assisted under this paragraph.
CAREER PATHWAYS PARTNERSHIPS-
(A) IN GENERAL- To
allow workforce education providers representing career pathway partnerships--
(i) to create or expand career pathways, with groups of employers in specific
industry or occupational sectors, for disadvantaged workers, which may include
any mix of such employers' existing lower wage employees, new hires or potential
(ii) to fill in gaps in career
pathways in particular localities or regions as needed to ensure that career pathways
are accessible to unemployed disadvantaged workers and at risk youth who have
lower skills or limited English proficiency, including through the creation of
workforce education services, such as `bridge' programs that contextualize basic
skills, English language, or college remedial education services to specific career
pathways, and efforts to create opportunities for gaining work experience in a
(B) USE OF FUNDS- Funds
made available under a grant under this paragraph may be used by career pathways
partnerships for any expense reasonably related to the accomplishment of the specific
objectives of the partnership and the purpose described in this paragraph, including
any of the activities described in subsection (a)(2)(D).
(i) IN GENERAL- Of the
funds made available to a career pathway partnership to carry out the purpose
described in this paragraph--
not more than 30 percent of such funds may be used to pay or subsidize wages during
a period of work experience or internship, not to exceed 90 days; and
(II) not more than 10 percent of such funds may be used for administrative purposes,
but this limitation shall not apply to activities related to building and maintaining
partnerships, including such activities as conducting workforce needs assessments,
brokering public-private and interagency agreements, creating customized curricula,
and developing work experience opportunities.
(ii) PROHIBITION ON SUBSIDIZING WAGES OF CURRENT EMPLOYEES- No funds made available
to carry out this paragraph shall be used to subsidize the wages of any individual
who, as of the date of the establishment of the career pathway partnership, is
an employee of any employer participating in the partnership.
(D) REQUIREMENTS FOR AWARDING OF SUBGRANTS-
(i) IN GENERAL- Funds shall be made available to career pathway partnerships to
carry out the purpose described in this paragraph based on a performance-based
accountability system that includes the following measures of performance:
(I) The number of individuals to be trained.
(II) The percentage of such individuals who complete the program.
(III) The percentage of such individuals who enter or advance in employment.
(IV) The wage and benefit gains of individuals who complete the program before
and within 6 months after their program completion, including the extent to which
the individuals achieved economic self-sufficiency.
(V) The percentage of individuals who complete the program and enter employment
who retain employment for at least 6 months.
(VI) Where applicable, the percentage of individuals who owe child support and
complete the program who improve in their payment of child support within 6 months
after their program completion.
establishing goals for such measures, due consideration shall be given to the
education, work experience, and job readiness of the individuals expected to participate
in the program, the barriers of such individuals to employment, and the local
(ii) CONSIDERATIONS FOR
FUNDING RENEWALS- A subgrantee's level of success in achieving employment, advancement,
wage, and employment retention goals shall be a primary consideration for determining
whether to renew a grant made to such entity and the funding level for such grant.
(iii) PRIORITIES FOR AWARDS OF SUBGRANTS- In awarding subgrants under this paragraph,
a State shall give priority to applications that--
(I) propose to serve areas of high poverty, high youth unemployment, high dropout
rates, or high rates of low-income single-parent families;
(II) include a substantial cash or in-kind match by all employers, including joint
labor-management programs where applicable, in the partnerships, such as paid
release time for employed workforce education participants;
(III) use instructional materials and instructors directly used in the specific
business or industry sectors of the partnership employers;
(IV) link successful completion of workforce education services to wage increases,
promotions or job hires;
will result in attainment of employer-recognized occupational and educational
career guidance and adult basic education and English language needs as well as
demonstrate a blending of resources from partner agencies in the workforce system
and other sectors and Federal programs, including superior procedures for coordinating
responsible fatherhood promotion activities, where appropriate, to support the
development of high quality pathways;
(VIII) identify how the subgrantee will maximize services to unemployed disadvantaged
workers who also face other barriers in the labor market, such as high school
dropout, offender status, aging out of foster care, low basic skill level, including
limited English proficiency, learning disabilities, physical, emotional or behavior
disabilities, or substance abuse recovery, which may be through direct relationships
with local providers of transitional jobs programs under which in appropriate
circumstances transitional jobs participants may access career pathways programs
upon completion of the transitional jobs program; and
(IX) support collaboration, as appropriate, between employers and labor organizations
and other workforce development professionals, including joint labor management
training and education programs where appropriate.
(E) DEFINITIONS- In this paragraph:
ADULT EDUCATION- The term `adult education' has the meaning given that term in
section 203 of the Workforce Investment Act of 1998 (20 U.S.C. 9202).
(ii) CAREER PATHWAY- The term `career pathway' means a linked set of workforce
education and job opportunities within a specific industry sector, or for an occupational
sector that cuts across multiple business and industry sectors, which begins at
the lowest skill and English language levels, and extends through for-credit college
opportunities such as earning relevant associate or bachelor's degrees, and prepares
individuals for advancement in jobs in demand in the local or regional labor market.
(iii) COMMUNITY-BASED PROVIDER- The term `community-based provider' means a not-for-profit
organization, with local boards of directors, that directly provides workforce
OF HIGHER EDUCATION- The term `institution of higher education' has the meaning
given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C.
(v) CHARTER SCHOOL- The term
`charter school' has the meaning given that term in section 5210 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7221i).
(vi) AREA VOCATIONAL EDUCATION SCHOOL- The term `area vocational and technical
education school' has the meaning given that term in section 3 of the Carl D.
Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2302).
(vii) DISADVANTAGED WORKERS- The term `disadvantaged workers' means unemployed
individuals in low-income households or employed individuals in low-income households
with wages at or below 2/3 of the median wage for the State or region applying
for the grant.
(viii) CAREER PATHWAY
PARTNERSHIP- The term `career pathway partnership' means collaborations of 1 or
more workforce education providers, 1 or more employers, 1 or more labor organizations,
where applicable, as a result of such organization's representation of employees
at the worksite who have skills in which the training or employment programs are
proposed, and may include optional additional entities as needed to provide a
comprehensive range of workforce education and ancillary support services.
(ix) WORKFORCE EDUCATION- The term `workforce education' means a set of career
guidance and exploration services, adult education and English language services,
job training, registered apprenticeship programs, and credit and noncredit postsecondary
education services aimed at preparing individuals to enter and sustain employment
in specific occupations and to have the sufficient skills to respond to shifting
EDUCATION PROVIDER- The term `workforce education provider' means community-based
providers, institutions of higher education, area vocational and technical education
schools, charter schools, and other public nonprofit entities that have a demonstrated
capacity to provide quality workforce education services.
(c) Matching Requirement-
(1) IN GENERAL- The Secretary of
Health and Human Services and the Secretary of Labor may not award a grant to
a State under this section unless the State agrees that, with respect to the costs
to be incurred by the State in conducting a demonstration project with funds provided
under the grant, the State will make available non-Federal contributions in an
amount equal to 10 percent of the amount of Federal funds paid to the State under
(2) NON-FEDERAL CONTRIBUTIONS- In this subsection,
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, 2007.
(d) Worker Protections and
(1) RATE OF PAY; BENEFITS AND WORKING CONDITIONS-
(A) IN GENERAL- A worksite employer of a participant in a program or activity
funded under this section shall pay the participant at the rate paid to employees
of the worksite employer who are not participants in such program or activity
and who perform comparable work at the worksite, including periodic increases
where appropriate. If no other employees of the worksite employer perform comparable
work at the worksite, the worksite employer shall pay the participant not less
than the applicable Federal or State minimum wage, whichever is higher.
(B) BENEFITS AND CONDITIONS- An individual employed through participation in a
program or activity funded under this section shall be provided with benefits
and working conditions at the same level and to the same extent as such benefits
and conditions are provided to other employees of the employer of the individual
who have worked a similar length of time and perform the same work.
(A) IN GENERAL- Funds provided
through a grant made under this paragraph shall be used only for a program or
activity that does not duplicate, and is in addition to, a program or activity
otherwise available in the locality of the program or activity funded under this
(B) PRIVATE, NONPROFIT ENTITY- Funds
provided through a grant made under this section shall not be provided to a private
nonprofit entity to conduct programs or activities that are the same as or substantially
equivalent to activities provided by a State or local government agency in the
area in which such entity is located, unless the requirements of paragraph (3)
(A) IN GENERAL- A worksite employer shall not displace an employee or position
(including partial displacement such as reduction in hours, wages, or employment
benefits) or impair contracts for services or collective bargaining agreements,
as a result of the use by such employer of a participant in a program or activity
funded under this section, and no participant in the program or activity shall
be assigned to fill any established unfilled position vacancy.
(B) JOB OPPORTUNITIES- A job opportunity shall not be created under this paragraph
that will infringe in any manner on the promotional opportunity of an employed
(C) LIMITATION ON SERVICES-
(i) SUPPLANTATION OF HIRING- A participant in any program or activity funded under
this section shall not perform any services or duties, or engage in activities,
that will supplant the hiring of employees that are not participants in the program
(ii) DUTIES FORMERLY PERFORMED
BY ANOTHER EMPLOYEE- A participant in any program or activity funded under this
section shall not perform services or duties, or engage in activities, that are
services, duties, or activities that had been performed by or were assigned to
any employee who recently resigned or was discharged, who is subject to a reduction
in force, who has recall rights pursuant to a collective bargaining agreement
or applicable personnel procedures, who is on leave (such as terminal, temporary,
vacation, emergency, or sick leave), who is on strike, or who is being locked
(D) CONCURRENCE OF LOCAL LABOR ORGANIZATION-
No placement shall be made under a program or activity funded under this section
until the entity conducting the program or activity has obtained the written concurrence
of any local labor organization representing employees who are engaged in the
same or substantially similar work as that proposed to be carried out for the
worksite employer with whom a participant is to be placed under the program or
(4) NO IMPACT ON UNION ORGANIZING- A State
conducting a demonstration project funded under this section and any entity conducting
a program or activity funded under this section shall provide the Secretary with
a certified assurance that none of such funds shall be used to assist or deter
(A) IN GENERAL- Funds provided under this section shall not be used to subsidize
training or employment with an employer that has a demonstrable record of noncompliance
with Federal labor, civil rights, workplace safety, or related laws.
(B) CERTIFIED SATISFACTORY RECORD- Employers who receive training or wage subsidies
under programs or activities funded under this section shall have a satisfactory
record in labor relations and employment practices, as certified by the Secretary
(C) APPLICATION OF WORKER PROTECTION
LAWS- A participant in a program or activity funded under this section shall be
considered to be an employee of any employer that the participant is placed with
for all purposes under Federal and State law, including laws relating to health
and safety, civil rights, and worker's compensation.
(D) OTHER JOB QUALITY STANDARDS- Employers who receive training or wage subsidies
under programs or activities funded under this section shall meet all applicable
State or local job or employer quality standards regarding such issues as wages,
benefits, advancement opportunities, and turnover rates established for programs
funded under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.).
(6) GRIEVANCE PROCEDURE- An entity conducting a program or activity funded under
this section shall establish and maintain a procedure for the filing and adjudication
of grievances by employees of worksite employers who are not participants in the
program, or such employees' representatives, or by participants in such a program
or activity alleging a violation of a provision of this subsection that is similar
to the grievance procedure established by a State for purposes of section 407(f)(3)
of the Social Security Act (42 U.S.C. 607(f)(3)).
NONPREEMPTION OF STATE LAW- The provisions of this subsection shall not be construed
to preempt any provision of State law that affords greater protections to employees
or participants than are afforded by this subsection.
(8) TREATMENT OF AMOUNTS PAID TO PARTICIPANTS- Amounts paid to a participant in
a program or activity funded under this section shall be--
(A) considered earned income for purpose of determining the participant's eligibility
for the child tax credit established under section 24 of the Internal Revenue
Code of 1986, the earned income tax credit established under section 32 of such
Code, and any other tax benefit established under such Code the eligibility for
which is based on earned income; and
for purposes of determining the participant's, the participant's family's, or
the participant's household's eligibility for, or amount of, assistance or benefits
provided under any means-tested program funded in whole or in part with Federal
FOR ALL APPLICATIONS-
(A) IN GENERAL- A State desiring
to receive a grant to conduct a demonstration project under this section shall
submit an application--
(i) to the Secretary
of Health and Human Services, in the case of a grant under subsection (a); or
(ii) to the Secretary of Labor, in the case of a grant under subsection (b);
such time, in such manner, and containing such information or assurances as the
Secretary of Health and Human Services or the Secretary of Labor, as appropriate,
(B) COMPLIANCE WITH WORKER PROTECTIONS
AND LABOR STANDARDS- The application shall include an assurance that the State
and any entity conducting a program or activity under the project shall comply
with the worker protections and labor standards established in accordance with
such protections under subsection (d).
The application shall include an assurance that the State and any entity conducting
a program or activity under the demonstration project shall comply with section
188(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2938(a)(2)) to the
same extent that such section would apply to the entity if the program or activity
conducted under the demonstration project was considered to be funded or otherwise
financially assisted under that Act.
GRANT WILL SUPPLEMENT, NOT SUPPLANT, OTHER STATE FUNDING- The application shall
include an assurance from the chief executive officer of the State that funds
made available under the grant will supplement, and not supplant, other funds
used by the State to establish or support employment placements for low-income
(2) SPECIFIC DEMONSTRATION PROJECT REQUIREMENTS-
(A) COURT-SUPERVISED OR IV-D AGENCY-SUPERVISED EMPLOYMENT PROGRAMS FOR NONCUSTODIAL
PARENTS- In order to conduct a demonstration project described in subsection (a),
a State shall include in the application submitted to the Secretary of Health
and Human Services the following:
of an agreement between the State and 1 or more counties to establish an employment
program that meets the requirements of subsection (a).
(ii) The number of potential noncustodial parents to be served by the program.
(iii) The purposes specific to that State's program.
(iv) The median income of the target population.
(B) PUBLIC-PRIVATE CAREER PATHWAYS PARTNERSHIPS- In order to conduct a demonstration
project described in paragraph (2) of subsection (b), a State shall include in
the application submitted to the Secretary of Labor a description of--
(i) the number, characteristics, and employment and earnings status of disadvantaged
individuals in the State or applicable region where the program is to be conducted;
(ii) which business and industry sectors, or occupational clusters that cut across
sectors, will be targeted by the career pathways partnership, based on overall
economic benefit to the community, the current and future demand for workers,
the advancement opportunities for workers, the wages at each step of the career
pathway, and availability of worker benefits;
(iii) the interventions that will be put in place to address any educational deficits,
limited English proficiency, or learning disabilities of individuals who participate
in the program and to ensure that such individuals have the academic, technical,
communications, and other job skills to function in the jobs targeted by the partnership;
(iv) how the members of the partnership will collaborate on the development of
curriculum and delivery of training that will provide the necessary occupational,
academic and other work-related skills and credentialing needed for the specific
labor market areas;
(v) the supports
that will be used to provide counseling, mentoring or other support to individuals
while in training or to assist them in navigating in complicated work environments;
(vi) the set of career exposure activities that will be put in place to provide
hands-on experience such as work experience, on the job training, internships,
(vii) the agreements
that are in place with employers, industry groups, and labor organizations, where
applicable, to ensure access to jobs and advancement opportunities in the targeted
businesses, industry, or occupations;
(viii) how the workforce education providers in the partnership will assess the
employment barriers and needs of local disadvantaged individuals who participate
in the program and will identify resources for meeting those needs;
(ix) how the workforce education providers will work with partnership employers,
business and industry groups, labor organizations, where applicable, and local
economic development organizations to identify the priority workforce needs of
the local industry;
(x) how the partnerships
will ensure that the appropriate program delivery models and formal agreements
are in place to ensure maximum benefits to the individuals receiving career pathway
partnership services and to the employers and labor organizations, where applicable,
in the partnership and the industries or businesses they represent;
(xi) how partnership employers and labor organizations, where applicable, will
be actively involved in identifying specific workforce education needs, planning
the curriculum, assisting in training activities, providing job opportunities,
and coordinating job retention for individuals hired after training through the
program and followup support; and
how the partnership will build on existing career pathways programs, where applicable,
to serve the targeted population.
BY INDIAN TRIBES OR TRIBAL ORGANIZATIONS- The Secretary of Health and Human Services
and the Secretary of Labor may exempt an Indian tribe or tribal organization from
any requirement of this section that the Secretary of Health and Human Services
or the Secretary of Labor determines would be inappropriate to apply to the Indian
tribe or tribal organization, taking into account the resources, needs, and other
circumstances of the Indian tribe or tribal organization.
(f) Priorities and Requirements for Awarding Grants-
GENERAL- Subject to paragraphs (2) and (3), the Secretary of Health and Human
Services (in the case of a grant under subsection (a)) and the Secretary of Labor
(in the case of a grant under subsection (b)) shall give priority to making grants
under this section to entities that--
success with respect to meeting the goals of quality job placement, long-term
unsubsidized job retention, and, where applicable, increasing child support payments,
decreasing unpaid child support arrearages, and increasing the involvement of
low-income noncustodial parents with their children through their participation
in responsible fatherhood activities, including participation in programs that
provide culturally relevant curricula in core subjects including--
(i) conducting activities with children;
(ii) improving communication skills;
(iii) child support management;
providing financially for the family's security and well-being;
(v) managing stress and anger;
maintaining physical and mental health;
(vii) parenting and relationship skills;
(viii) child development; and
barriers to responsible parenthood, including substance abuse, unemployment, criminal
justice system involvement, and inadequate housing; and
(B) coordinate with, and link individuals as applicable to, other public and private
benefits and employment services for low-income adults among the different systems
or programs in which such adults are involved, including the criminal justice
system, the State programs funded under each part of title IV of the Social Security
Act (42 U.S.C. 601 et seq.) (including programs and activities funded under section
403(a)(2) of the Social Security Act (42 U.S.C. 603(a)(2)), educational assistance
and student aid programs, and job training or employment programs, including State
(2) PERFORMANCE MEASURES- In
making grants under this section, the Secretary of Health and Human Services (in
the case of a grant under subsection (a)) and the Secretary of Labor (in the case
of a grant under subsection (b)) shall ensure that grantees demonstrate a plan
for implementing measures to track their performance with respect to meeting the
goals of quality job placement, long-term unsubsidized job retention, and, where
applicable, increasing child support payments, decreasing child support arrearages,
and increasing the involvement of low-income noncustodial parents with their children.
(3) REFLECTIVE OF TARGET POPULATIONS- In making grants under this section, the
Secretary of Health and Human Services (in the case of a grant under subsection
(a)) and the Secretary of Labor (in the case of a grant under subsection (b))
shall give priority to States with proposed demonstration projects that are designed
to target low-income adults, including custodial and noncustodial parents, and
low-income married couples.
(4) SUBSTANTIAL FUNDING FOR
EACH OF THE PURPOSES- In making grants under subsection (b), the Secretary of
Labor shall ensure that a substantial share of the amount appropriated under subsection
(j) for a fiscal year is used for carrying out each of the projects described
in paragraphs (1) and (2) of subsection (b).
and Policy Flexibility- The Secretary of Labor and the Secretary of Health and
Human Services, in coordination with the Secretary of Education and the Attorney
General, shall work with grantees under this section to resolve policy barriers
that may impede blending of Federal resources to support these demonstration projects.
(h) Evaluation- The Secretary of Health and Human Services (in the case of a grant
under subsection (a)) and the Secretary of Labor (in the case of a grant under
subsection (b)) shall provide for an independent and rigorous evaluation of the
demonstration projects conducted under this section that includes, to the maximum
extent feasible, random assignment or other appropriate statistical techniques,
in order to assess the effectiveness of the projects.
Definitions- In this section:
(1) STATE- The term `State'
means each of the 50 States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa, and includes an
Indian tribe or tribal organization.
(2) IV-D AGENCY-
The term `IV-D agency' means the State or local agency responsible for administering
the State program established under part D of title IV of the Social Security
Act (42 U.S.C. 651 et seq.).
(3) INDIAN TRIBE; TRIBAL
ORGANIZATION- The terms `Indian tribe' and `tribal organization' have the meaning
given such terms in section 4 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b).
(j) Appropriation- Out of any money
in the Treasury of the United States not otherwise appropriated, there are appropriated
to carry out this section--
(1) for programs administered
by the Secretary of Health and Human Services under subsection (a), $15,000,000
for each of fiscal years 2011 through 2015; and
programs administered by the Secretary of Labor under subsection (b), $35,000,000
for each of fiscal years 2011 through 2015.
SEC. 103. HEALTHY
MARRIAGE PROMOTION AND RESPONSIBLE FATHERHOOD PROGRAMS.
Funding for Responsible Fatherhood Programs- Section 403(a)(2)(C) of the Social
Security Act (42 U.S.C. 603(a)(2)(C)) is amended--
the subparagraph heading, by striking `LIMITATION ON USE OF' and inserting `REQUIREMENT
TO USE CERTAIN'; and
(2) in clause (i), by striking `may
not award more than $50,000,000' and inserting `shall award at least 1/2 of the
(b) Voluntary Participation-
(1) ASSURANCE- Section 403(a)(2)(A)(ii)(II) of the Social Security Act (42 U.S.C.
603(a)(2)(A)(ii)(II)) is amended--
(A) in item (aa),
by striking `and' at the end;
(B) in item (bb),
by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following new items:
if the entity is a State or an Indian tribe or tribal organization, to not condition
the receipt of assistance under the program funded under this part, under a program
funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)),
or under any other program funded under this title on enrollment in any such programs
or activities; and
`(dd) to permit any individual who
has begun to participate in a particular program or activity funded under this
paragraph, including an individual whose participation is specified in the individual
responsibility plan developed for the individual in accordance with section 408(b),
to transfer to another such program or activity funded under this paragraph upon
notification to the entity and the State agency responsible for administering
the State program funded under this part.'.
Section 408(a) of such Act (42 U.S.C. 608(a)) is amended by adding at the end
`(12) BAN ON CONDITIONING RECEIPT OF TANF
OR CERTAIN OTHER BENEFITS ON PARTICIPATION IN A HEALTHY MARRIAGE OR RESPONSIBLE
FATHERHOOD PROGRAM- A State to which a grant is made under section 403 shall not
condition the receipt of assistance under the State program funded under this
part, under a program funded with qualified State expenditures (as defined in
section 409(a)(7)(B)(i)), or under any other program funded under this title,
on participation in a healthy marriage promotion activity (as defined in section
403(a)(2)(A)(iii)) or in an activity promoting responsible fatherhood (as defined
in section 403(a)(2)(C)(ii)).'.
(3) PENALTY- Section
409(a) of such Act (42 U.S.C. 609(a)) is amended by adding at the end the following:
`(16) PENALTY FOR CONDITIONING RECEIPT OF TANF OR CERTAIN OTHER BENEFITS ON PARTICIPATION
IN A HEALTHY MARRIAGE OR RESPONSIBLE FATHERHOOD PROGRAM- If the Secretary determines
that a State has violated section 408(a)(12) during a fiscal year, the Secretary
shall reduce the grant payable to the State under section 403(a)(1) for the immediately
succeeding fiscal year by an amount equal to 5 percent of the State family assistance
(c) Activities Promoting Responsible Fatherhood-
Section 403(a)(2)(C)(ii) of the Social Security Act (42 U.S.C. 603(a)(2)(C)(ii))
(1) in subclause (I), by striking `marriage or
sustain marriage' and insert `healthy relationships and marriages or to sustain
healthy relationships or marriages';
(2) in subclause
(II), by inserting `educating youth who are not yet parents about the economic,
social, and family consequences of early parenting, helping participants in fatherhood
programs work with their own children to break the cycle of early parenthood,'
after `child support payments,'; and
(3) in subclause
(III), by striking `fathers' and inserting `low-income fathers and other low-income
noncustodial parents who are not eligible for assistance under the State program
funded under this part'.
(d) Reauthorization- Section 403(a)(2)(D)
of such Act (42 U.S.C. 603(a)(2)(D)) is amended by striking `year 2011' each place
it appears and inserting `years 2011 through 2015'.
Date- The amendments made by this section shall take effect on October 1, 2010.
104. ELIMINATION OF SEPARATE TANF WORK PARTICIPATION RATE FOR 2-PARENT FAMILIES.
(a) In General- Section 407 of the Social Security Act (42 U.S.C. 607) is amended--
(A) beginning in the heading,
by striking `Participation Rate Requirements' and all that follows through `A
State' in paragraph (1) and inserting `Participation Rate Requirements- A State';
(B) by striking paragraph (2);
(A) in paragraph (1)(A),
by striking `subsection (a)(1)' and inserting `subsection (a)';
(B) in paragraph (2), by striking the paragraph heading and all that follows through
`A family' and inserting `SPECIAL RULE- A family';
(C) in paragraph (4), by striking `paragraphs (1)(B) and (2)(B)' and inserting
`determining monthly participation rates under paragraph (1)(B)'; and
(D) in paragraph (5), by striking `rates' and inserting `rate'; and
(A) in paragraph (1)(B),
in the matter preceding clause (i), by striking `subsection (b)(2)(B)' and inserting
`subsection (b)(1)(B)(i)'; and
(B) in paragraph
(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) IN GENERAL- The amendments made by
subsection (a) shall take effect on the date of enactment of this Act and shall
apply to the determination of minimum participation rates for months beginning
on or after that date.
(2) LIMITATION ON PENALTY IMPOSITION-
Notwithstanding section 409(a)(3) of the Social Security Act, the Secretary of
Health and Human Services shall not impose a penalty against a State under that
section on the basis of the State's failure to satisfy the participation rate
required for any of fiscal years 2006 through 2009 if the State demonstrates that
the State would have met such requirement if, with respect to those months of
any of such fiscal years that began prior to or on the date of enactment of this
Act, the State were permitted to count 2-parent families that met the requirements
of section 407(c)(1)(A) of the Social Security Act (42 U.S.C. 607(c)(1)(A)) in
the determination of monthly participation rates under section 407(b)(1)(B)(i)
of such Act (42 U.S.C. 607(b)(1)(B)(i)).
SEC. 105. BAN ON
RECOVERY OF MEDICAID COSTS FOR BIRTHS.
(1) IN GENERAL- Section 454 of the Social Security Act (42 U.S.C. 654), is amended--
(A) by striking `and' at the end of paragraph (32);
(B) by striking the period at the end of paragraph (33) and inserting a semicolon;
(C) by inserting after paragraph (33) the
`(34) provide that, except as provided
in section 1902(a)(25)(F)(ii), 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 471(a)(17) or 1912; and'.
(2) RULE OF CONSTRUCTION- Nothing in section 454(34) of the Social Security Act
(42 U.S.C. 654(34)), as added by paragraph (1), shall be construed as affecting
the application of section 1902(a)(25) of such Act (42 U.S.C. 1396a(a)(25)) with
respect to a State (relating to the State Medicaid plan requirement for the State
to take all reasonable measures to ascertain the legal liability of third parties
to pay for care and services available under the plan).
(3) REPEAL OF CERTAIN DRA AMENDMENTS- For provisions repealing amendments to section
454 of the Social Security Act made by section 7301(b)(1)(C) of the Deficit Reduction
Act of 2005, see section 106(a)(3) of this Act.
That Ban on Recovery Does Not Apply With Respect to Insurance of a Parent With
an Obligation To Pay Child Support- Clause (ii) of section 1902(a)(25)(F) of the
Social Security Act (42 U.S.C. 1396a(a)(25)(F)) is amended by inserting `only
if such third-party liability is derived through insurance,' before `seek'.
(1) IN GENERAL- Except as provided in
paragraph (2), the amendments made by this section take effect on October 1, 2009.
(2) EXTENSION OF EFFECTIVE DATE FOR STATE LAW AMENDMENT- In the case of a State
plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which
the Secretary of Health and Human Services determines requires State legislation
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 the session is considered to be a separate regular session of the State legislature.
106. IMPROVED COLLECTION AND DISTRIBUTION OF CHILD SUPPORT.
Distribution of Child Support-
(1) FULL DISTRIBUTION OF CHILD
SUPPORT COLLECTED; REFORM OF RULES FOR DISTRIBUTION OF CHILD SUPPORT COLLECTED
ON BEHALF OF CHILDREN IN FOSTER CARE-
(A) IN GENERAL-
Section 457 of the Social Security Act (42 U.S.C. 657) is amended--
(i) by striking subsection (a) and inserting the following:
`(a) Full Distribution of Amounts Collected on Behalf of Any Family- Subject to
subsection (c), the entire amount collected on behalf of any family as support
by a State pursuant to a plan approved under this part shall be paid by the State
to the family.'; and
(ii) by striking subsections
(c) through (e) and inserting the following:
Amounts Collected for Child for Whom Foster Care Maintenance Payments Are Made-
Notwithstanding the preceding provisions of this section, amounts collected by
a State as child support for months in any period on behalf of a child for whom
a public agency is making foster care maintenance payments under part E shall
be paid to the public agency responsible for supervising the placement of the
child, which may use the payments in the manner it determines will serve the best
interests of the child, including setting such payments aside for the child's
future needs or use.'.
(B) FOSTER CARE STATE PLAN AMENDMENT-
Section 471(a)(17) of the Social Security Act (42 U.S.C. 671(a)(17)) is amended--
(i) by inserting `and consistent with the child's case plan' after `where appropriate';
(ii) by striking `secure an assignment
to the State of any rights to support' and inserting `establish paternity and
establish, modify, and enforce child support obligations'.
(C) SOCIAL SECURITY ACT AMENDMENTS-
CHILD SUPPORT STATE PLAN AMENDMENT- Section 454 of the Social Security Act (42
U.S.C. 654), as amended by section 104(a)(1) of this Act, is amended by inserting
after paragraph (34) the following:
that a State shall pay all collected child support to the payee, except as provided
in section 457(c).'.
(ii) DISBURSEMENT OF SUPPORT
PAYMENTS- Section 454B(c) of the Social Security Act (42 U.S.C. 654b(c)) is amended
by adding at the end the following new paragraph:
`(3) DISBURSEMENT TO FAMILIES- The State disbursement unit shall pay all collected
child support to the payee, except as otherwise provided in section 457.'.
(2) CONFORMING AMENDMENTS-
(A) Section 409(a)(7)(B)(i)(I)(aa)
of such Act (42 U.S.C. 609(a)(7)(B)(i)(I)(aa)) is amended by striking `457(a)(1)(B)'
and inserting `457(a)'.
(B) Section 454(5) of
such Act (42 U.S.C. 654(5)) is amended by striking `(A) in any case' and all that
follows through `(B)'.
(C) Section 466(a)(3)(B)
of such Act (42 U.S.C. 666(a)(3)(B)) is amended--
(i) by striking `shall be distributed in accordance with section 457 in the case
of overdue support assigned to a State pursuant to section 408(a)(3) or 471(a)(17),
or, in any other case,'; and
inserting `or to the public agency responsible for supervising the placement of
the child, which may use the payments in the manner the public agency determines
will serve the best interest of the child' before the semicolon.
(3) REPEAL OF CERTAIN DRA AMENDMENTS- Effective on the date of enactment of this
Act, subsections (a) and (b) of section 7301 of the Deficit Reduction Act of 2005
(Public Law 109-171; 120 Stat. 141) are repealed and parts A and D of title IV
of the Social Security Act shall be applied as if the amendments made by such
subsections had not been enacted.
(b) Prohibition on Conditioning
Receipt of TANF on Assignment of Support- Section 408(a)(3) of the Social Security
Act (42 U.S.C. 608(a)(3)) is amended--
(1) in the paragraph
heading, by striking `NO ASSISTANCE FOR FAMILIES NOT' and inserting `PROHIBITION
ON CONDITIONING ASSISTANCE FOR FAMILIES ON';
(2) by inserting
`not' after `shall';
(3) by inserting `or under a program
funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i))'
after `this part'; and
(4) by striking `, not exceeding
the total amount of assistance so paid to the family,'.
Requirement To Disregard Percentage of Child Support Collected in Determining
Amount and Type of TANF Assistance- Section 408(a) of the Social Security Act
(42 U.S.C. 608(a)) is amended by adding at the end the following new paragraph:
`(12) REQUIREMENT TO DISREGARD PERCENTAGE OF CHILD SUPPORT COLLECTED IN DETERMINING
AMOUNT AND TYPE OF TANF ASSISTANCE- A State to which a grant is made under section
403 shall disregard at least the same percentage of amounts collected as support
on behalf of a family as the percentage of earned income that the State disregards,
in determining the amount or type of assistance provided to the family 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)).'.
(d) Restoration of Federal Funding- Effective on the date of enactment of this
Act, section 7309 of the Deficit Reduction Act of 2005 (Public Law 109-171; 120
Stat. 147) is repealed and part D of title IV of the Social Security Act shall
be applied as if the amendment made by subsection (a) of that section had not
(e) Repeal of Mandatory Fee for Child Support Collection-
Effective on the date of enactment of this Act, section 7310 of the Deficit Reduction
Act of 2005 (Public Law 109-171; 120 Stat. 147) is repealed and part D of title
IV of the Social Security Act shall be applied as if the amendments made by that
section had not been enacted.
(f) Prohibition on Considering a
Period of Incarceration Voluntary Unemployment- Section 466(a) of the Social Security
Act (42 U.S.C. 666(a)) is amended by inserting after paragraph (19) the following:
`(20) PROCEDURES RELATING TO PERIODS OF INCARCERATION OF NONCUSTODIAL PARENTS-
`(A) IN GENERAL- Procedures which require that, in determining or modifying the
amount of, or terms and conditions of, any support obligation of a noncustodial
parent, the State--
`(i) shall not consider
any period of incarceration of such parent as a period of voluntary unemployment
that disqualifies the parent from obtaining a modification of the support obligation
consistent with the parent's ability to pay child support; and
`(ii) subject to subparagraph (B) in the case of an incarcerated parent, may--
`(I) temporarily suspend any support obligation on the parent and the enforcement
of any support obligation of the parent existing prior to the period of incarceration;
`(II) temporarily prohibit
the accrual of any interest on any support obligation of the parent existing prior
to the period of incarceration during any such period.
`(B) NOTICE AND OPPORTUNITY TO CHALLENGE SUSPENSION- Such procedures shall require
the State to provide a custodial parent with--
`(i) notice of any suspension of review, adjustment, or enforcement of a support
obligation and of any prohibition on interest accrual on such obligation that
is imposed in accordance with subparagraph (A)(ii); and
`(ii) an opportunity to request that the suspension or prohibition be terminated
or modified on the basis that the noncustodial parent has sufficient income or
resources to continue payment of the support obligation during the noncustodial
parent's period of incarceration.'.
and Adjustment of Child Support Arrearages Upon Request- Section 466(a)(10) of
the Social Security Act (42 U.S.C. 666(a)(10)) is amended by adding at the end
`(D) REVIEW AND ADJUSTMENT OF ARREARAGES-
Procedures which require the State to review, and if appropriate, reduce the balance
of arrearages permanently assigned to the State under part A or E of this title,
or under title XIX, pursuant to standards and procedures established by the State,
in cases where the obligor lacks sufficient ability to pay the arrears, adjustment
will promote timely payment of current support, or barriers, such as incarceration,
may have limited the ability of the obligor to timely seek a modification of the
order, and it is in the best interests of the child to make such reduction. Nothing
in the preceding sentence shall be construed as affecting arrearages that have
not been permanently assigned to the State under any such part or title.'.
(h) Study and Report- Not later than October 1, 2012, the Secretary of Health
and Human Services shall study and submit a report to Congress regarding the following:
(1) The effect of age eligibility restrictions for the earned income tax credit
established under section 32 of the Internal Revenue Code of 1986 for individuals
without qualifying children on--
(A) the ability
of young parents to pay child support;
with child support orders; and
(C) the relationship
between young noncustodial parents and their children.
(2) The impact of State earned income tax credit programs, especially such programs
with targeted benefits for noncustodial parents, on--
(A) the ability of noncustodial parents to pay child support;
(B) compliance with child support orders; and
(C) the relationship between noncustodial parents and their children.
(3) The challenges faced by legal immigrants and individuals for whom English
is not their primary language in fulfilling child support and other noncustodial
(1) IN GENERAL- Except as otherwise provided in this section, the amendments made
by this section shall take effect on October 1, 2009, 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 that date, and without regard to whether regulations to
implement the amendments are promulgated by such date.
(2) STATE OPTION TO ACCELERATE EFFECTIVE DATE- Notwithstanding paragraph (1),
a State may elect to have the amendments made by the preceding provisions of this
section apply to the State and to amounts collected by the State (and to payments
under parts A and D of title IV of such Act), on and after such date as the State
may select that is not later than September 30, 2009.
107. COLLECTION OF CHILD SUPPORT UNDER THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.
(a) Encouragement of Collection of Child Support- Section 5 of the Food and Nutrition
Act of 2008 (7 U.S.C. 2014) is amended--
(A) by redesignating paragraphs (5) and (6)
as paragraphs (6) and (7), respectively;
in paragraph (4)(B), by striking `paragraph (6)' and inserting `paragraph (7)';
(C) by inserting after paragraph (4) the
`(5) DEDUCTION FOR CHILD SUPPORT RECEIVED-
`(A) IN GENERAL- A household shall be allowed a deduction of 20 percent of all
legally obligated child support payments received from an identified or putative
parent of a child in the household if that parent is not a household member.
`(B) ORDER OF DETERMINING DEDUCTIONS- A deduction under this paragraph shall be
determined before the computation of the excess shelter deduction under paragraph
(2) in subsection (k)(4)(B), by striking
`subsection (e)(6)' and inserting `subsection (e)(7)'.
Simplified Verification of Child Support Payments- Section 5(n) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2014(n)) is amended--
in the subsection heading, by striking `State Options to Simplify', and inserting
(2) by striking `Regardless of whether'
and inserting the following:
`(1) IN GENERAL- A household
that is paying legally obligated child support through the program under part
D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) shall receive--
`(A) a deduction under subsection (e)(4); or
`(B) an exclusion under subsection (d)(6) for child support payments made.
`(2) STATE OPTIONS- Regardless of whether'.
of Economic Opportunities Programs in Definition of Work Program- Section 6(o)(2)
of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)(2)) is amended--
(1) in subparagraph (C), by striking `or' at the end;
(2) in subparagraph (D), by striking the period at the end and inserting `; or';
(3) by adding at the end the following:
`(E) participate in and comply with the requirements of a demonstration project
under section 106 of the Julia Carson Responsible Fatherhood and Healthy Families
Act of 2011;'.
(1) IN GENERAL- This section and the amendments made by this section take effect
on October 1, 2011.
(2) STATE OPTION- A State may implement
the amendments made by subsections (a) and (b) for participating households at
the first recertification of the households that occurs on or after October 1,
SEC. 108. GRANTS SUPPORTING HEALTHY FAMILY PARTNERSHIPS
FOR DOMESTIC VIOLENCE INTERVENTION AND PREVENTIONS.
of the Social Security Act (42 U.S.C. 603(a)) is amended by adding at the end
the following new paragraph:
`(6) GRANTS SUPPORTING HEALTHY
FAMILY PARTNERSHIPS FOR DOMESTIC VIOLENCE INTERVENTION AND PREVENTION-
`(A) IN GENERAL- The Secretary shall award grants on a competitive basis to healthy
family partnerships to develop and implement promising practices for--
`(i) assessing and providing services to individuals and families affected by
domestic violence, including through caseworker training, the provision of technical
assistance to community partners, and the implementation of safe visitation and
exchange programs; or
domestic violence, particularly as a barrier to economic security, and fostering
`(B) EDUCATION SERVICES-
In awarding grants under subparagraph (A), the Secretary shall ensure that 10
percent of the funds made available under such grants are used for high schools
and other secondary educational institutions and institutions of higher education
to provide education services on the value of healthy relationships, responsible
parenting, and healthy marriages characterized by mutual respect and nonviolence,
and the importance of building relationships skills such as communication, conflict
resolution, and budgeting.
The respective entity and organization of a healthy family partnership entered
into for purposes of receiving a grant under this paragraph shall submit a joint
application to the Secretary, at such time and in such manner as the Secretary
shall specify, containing--
`(i) a description
of how the partnership intends to carry out the activities described in subparagraph
`(ii) an assurance that funds
made available under the grant shall be used to supplement, and not supplant,
other funds used by the entity or organization to carry out programs, activities,
or services described in subparagraph (A) or (B); and
`(iii) such other information as the Secretary may require.
`(D) GENERAL RULES GOVERNING USE OF FUNDS- The rules of section 404, other than
subsection (b) of that section, shall not apply to a grant made under this paragraph.
`(E) DEFINITIONS- In this paragraph:
DOMESTIC VIOLENCE- The term `domestic violence' has the meaning given that term
in section 402(a)(7)(B).
FAMILY PARTNERSHIP- The term `healthy family partnership' means a partnership
`(I) an entity receiving
funds under a grant made under paragraph (2) to promote healthy marriage or responsible
`(II) an organization
with demonstrated expertise working with survivors of domestic violence.
`(F) APPROPRIATION- Out of any money in the Treasury of the United States not
otherwise appropriated, there are appropriated for each of fiscal years 2011 through
2015, $25,000,000 for purposes of awarding grants to healthy family partnerships
under this paragraph.'.
SEC. 109. PROCEDURES TO ADDRESS
(a) In General- Section 403(a)(2) of the Social
Security Act (42 U.S.C. 603(a)(2)) is amended--
(1) by redesignating
subparagraph (D) as subparagraph (F); and
(2) by inserting
after subparagraph (C) the following:
FOR RECEIPT OF FUNDS- An entity may not be awarded a grant under this paragraph
unless the entity, as a condition of receiving funds under such a grant--
`(i) identifies in its application for the grant the domestic violence experts
at the local, State, or national level with whom the entity will consult in the
development and implementation of the programs and activities of the entity;
`(ii) on award of the grant, and in consultation with such domestic violence experts,
develops a written protocol which describes--
`(I) how the entity will identify instances or risks of domestic violence;
`(II) the procedures for responding to such instances or risk, including making
service referrals and providing protections and appropriate assistance for identified
individuals and families;
`(III) how confidentiality issues will be addressed; and
`(IV) the domestic violence training that will be provided to ensure effective
and consistent implementation of the protocol; and
`(iii) in an annual report to the Secretary, includes a description of the domestic
violence protocols, and a description of any implementation issues identified
with respect to domestic violence and how the issues were addressed.
`(E) DOMESTIC VIOLENCE DEFINED- In this paragraph, the term `domestic violence'
has the meaning given that term in section 402(a)(7)(B).'.
(b) Conforming Amendments- Section 403(a)(2) of such Act (42 U.S.C. 603(a)(2)),
as amended by section 103(d) of this Act and subsection (a)(1) of this section,
(1) in subparagraph (A)(i)--
(A) by striking `(B) and (C)' and inserting `(B), (C), and (D)'; and
(B) by striking `subparagraph (D)' and inserting `subparagraph (F)'; and
(2) in subparagraphs (B)(i) and (C)(i), by striking `(D)' each place it appears
and inserting `(F)'.
TITLE II--REVENUE PROVISION
201. INCREASE IN CREDIT PERCENTAGE UNDER EARNED INCOME TAX CREDIT FOR ELIGIBLE
INDIVIDUALS WITH NO QUALIFYING CHILDREN.
(a) In General- The row
in the table in subparagraph (A) of section 32(b)(1) of the Internal Revenue Code
of 1986 relating to no qualifying children is amended to read as follows:
qualifying children 20 7.65'.
(b) Effective Date- The amendment made by subsection (a) shall apply to taxable
years beginning after December 31, 2010.