109th CONGRESS
1st Session
S. 105
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.
IN THE SENATE OF THE UNITED STATES
January 24, 2005
Mr. TALENT (for himself, Mr. SESSIONS, and Mr. DEMINT) introduced the following
bill; which was read twice and referred to the Committee on Finance
A BILL
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Personal Responsibility, Work, and Family Promotion
Act of 2005'.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 2. Table of contents.
TITLE I--TANF
Sec. 102. Family assistance grants.
Sec. 103. Promotion of family formation and healthy marriage.
Sec. 104. Supplemental grant for population increases in certain States.
Sec. 105. Bonus to reward employment achievement.
Sec. 106. Contingency fund.
Sec. 108. Repeal of Federal loan for State welfare programs.
Sec. 109. Universal engagement and family self-sufficiency plan requirements.
Sec. 110. Work participation requirements.
Sec. 111. Maintenance of effort.
Sec. 112. Performance improvement.
Sec. 113. Data collection and reporting.
Sec. 114. Direct funding and administration by Indian tribes.
Sec. 115. Research, evaluations, and national studies.
Sec. 116. Studies by the Census Bureau and the Government Accountability
Office.
Sec. 117. Definition of assistance.
Sec. 118. Technical corrections.
Sec. 119. Fatherhood program.
Sec. 120. State option to make TANF programs mandatory partners with one-stop
employment training centers.
Sec. 121. Sense of the Congress.
Sec. 122. Extension through fiscal year 2005.
TITLE II--CHILD CARE
Sec. 203. Authorization of appropriations.
Sec. 204. Application and plan.
Sec. 205. Activities to improve the quality of child care.
Sec. 206. Report by Secretary.
Sec. 208. Entitlement funding.
TITLE III--CHILD SUPPORT
Sec. 301. Federal matching funds for limited pass through of child support
payments to families receiving TANF.
Sec. 302. State option to pass through all child support payments to families
that formerly received TANF.
Sec. 303. Mandatory review and adjustment of child support orders for families
receiving TANF.
Sec. 304. Mandatory fee for successful child support collection for family
that has never received TANF.
Sec. 305. Report on undistributed child support payments.
Sec. 306. Decrease in amount of child support arrearage triggering passport
denial.
Sec. 307. Use of tax refund intercept program to collect past-due child
support on behalf of children who are not minors.
Sec. 308. Garnishment of compensation paid to veterans for service-connected
disabilities in order to enforce child support obligations.
Sec. 309. Improving Federal debt collection practices.
Sec. 310. Maintenance of technical assistance funding.
Sec. 311. Maintenance of Federal Parent Locator Service funding.
TITLE IV--CHILD WELFARE
Sec. 401. Extension of authority to approve demonstration projects.
Sec. 402. Elimination of limitation on number of waivers.
Sec. 403. Elimination of limitation on number of States that may be granted
waivers to conduct demonstration projects on same topic.
Sec. 404. Elimination of limitation on number of waivers that may be granted
to a single State for demonstration projects.
Sec. 405. Streamlined process for consideration of amendments to and extensions
of demonstration projects requiring waivers.
Sec. 406. Availability of reports.
Sec. 407. Technical correction.
TITLE V--SUPPLEMENTAL SECURITY INCOME
Sec. 501. Review of State agency blindness and disability determinations.
TITLE VI--STATE AND LOCAL FLEXIBILITY
Sec. 601. Program coordination demonstration projects.
Sec. 602. State food assistance block grant demonstration project.
TITLE VII--ABSTINENCE EDUCATION
Sec. 701. Extension of abstinence education program.
TITLE VIII--TRANSITIONAL MEDICAL ASSISTANCE
Sec. 801. Extension of medicaid transitional medical assistance program
through fiscal year 2006.
Sec. 802. Adjustment to payments for medicaid administrative costs to prevent
duplicative payments and to fund extension of transitional medical assistance.
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.
The Congress makes the following findings:
(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.
(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 year 1999 and continued steady in fiscal years
2000 and 2001. In fiscal year 2003, 31.3 percent of adult recipients were
counted as meeting the work participation requirements. All States but
one met the overall participation rate standard in fiscal year 2003, as
did the District of Columbia and Puerto Rico.
(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.
(C) Welfare dependency has plummeted. As of June 2004, 1,969,909 families
and 4,727,291 individuals were receiving assistance. Accordingly, the
number of families in the welfare caseload and the number of individuals
receiving cash assistance declined 55 percent and 61 percent, respectively,
since the enactment of TANF.
(D) The child poverty rate continued to decline between 1996 and 2003,
falling 14 percent from 20.5 to 17.6 percent. Child poverty rates for
African-American and Hispanic children have also fallen dramatically during
the past 7 years.
(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.
(A) The birth rate to teenagers declined 30 percent from its high in 1991
to 2002. The 2002 teenage birth rate of 43.0 per 1,000 women aged 15-19
is the lowest recorded birth rate for teenagers.
(B) During the period from 1991 through 2001, teenage birth rates fell
in all States and the District of Columbia, Puerto Rico, Guam, 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 has declined
40 percent since 1991, and the rate for those 18 and 19 has declined 23
percent. The rate for African American teens--until recently the highest--has
declined the most--42 percent from 1991 through 2002.
(C) 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 over $21,000,000,000 in fiscal year 2003. The number
of paternities established or acknowledged in fiscal year 2003 (over 1,500,000)
includes a more than 100 percent increase through in-hospital acknowledgement
programs--862,043 in 2003 compared to 324,652 in 1996. Child support collections
were made in nearly 8,000,000 cases in fiscal year 2003, significantly
more than the almost 4,000,000 cases having a collection in 1996.
(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.
(A) Total Federal and State TANF expenditures in fiscal year 2003 were
$26,300,000,000, up from $25,400,000,000 in fiscal year 2002 and $22,600,000,000
in fiscal year 1999. 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.
(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.
(C) States are making policy choices and investment decisions best suited
to the needs of their citizens.
(i) To expand aid to working families, almost all States disregard a
portion of a family's earned income when determining benefit levels.
(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.
(iii) States are experimenting with programs to promote marriage and
paternal involvement. Over half of 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.
(4) However, despite this success, there is still progress to be made. Policies
that support and promote more work, strengthen families, and enhance State
flexibility are necessary to continue to build on the success of welfare
reform.
(A) Significant numbers of welfare recipients still are not engaged in
employment-related activities. While all States have met the overall work
participation rates required by law, in an average month, only 41 percent
of all families with an adult participated in work activities that were
countable toward the State's participation rate. In fiscal year 2003,
four jurisdictions failed to meet the more rigorous 2-parent work requirements,
and 25 jurisdictions (States and territories) 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.
(B) In 2002, 34 percent of all births in the U.S. were to unmarried women.
And, with fewer teens entering marriage, the proportion of births to unmarried
teens has increased dramatically (80 percent in 2002 versus 30 percent
in 1970). 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.
(C) There has been a dramatic rise in cohabitation as marriages have declined.
It is estimated that 40 percent of children are expected to live in a
cohabiting-parent family at some point during their childhood. Children
in single-parent households and cohabiting-parent households are at much
higher risk of child abuse than children in intact married families.
(D) 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 with a single mother is nearly 5 times as likely to be poor as
a child living in a married-couple family. In 2003, in married-couple
families, the child poverty rate was 8.6 percent, and in households headed
by a single mother the poverty rate was 41.7 percent.
(5) 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 those ends.
TITLE I--TANF
SEC. 101. PURPOSES.
Section 401(a) (42 U.S.C. 601(a)) is amended--
(1) in the matter preceding paragraph (1), by striking `increase' and inserting
`improve child well-being by increasing';
(2) in paragraph (1), by inserting `and services' after `assistance';
(3) in paragraph (2), by striking `parents on government benefits' and inserting
`families on government benefits and reduce poverty'; and
(4) in paragraph (4), by striking `two-parent families' and inserting `healthy,
2-parent married families, and encourage responsible fatherhood'.
SEC. 102. FAMILY ASSISTANCE GRANTS.
(a) Extension of Authority- Section 403(a)(1)(A) (42 U.S.C. 603(a)(1)(A))
is amended--
(1) by striking `1996, 1997, 1998, 1999, 2000, 2001, 2002, and 2003' and
inserting `2006 through 2010'; and
(2) by inserting `payable to the State for the fiscal year' before the period.
(b) State Family Assistance Grant- Section 403(a)(1)(C) (42 U.S.C. 603(a)(1)(C))
is amended by striking `fiscal year 2003' and inserting `each of fiscal years
2006 through 2010'.
(c) Matching Grants for the Territories- Section 1108(b)(2) (42 U.S.C. 1308(b)(2))
is amended by striking `1997 through 2003' and inserting `2006 through 2010'.
SEC. 103. PROMOTION OF FAMILY FORMATION AND HEALTHY MARRIAGE.
(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:
`(vii) Encourage equitable treatment of married, 2-parent families under
the program referred to in clause (i).'.
(b) Healthy Marriage Promotion Grants; Repeal of Bonus for Reduction of Illegitimacy
Ratio-
(1) IN GENERAL- Section 403(a)(2) (42 U.S.C. 603(a)(2)) is amended to read
as follows:
`(2) HEALTHY MARRIAGE PROMOTION GRANTS-
`(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.
`(B) HEALTHY MARRIAGE PROMOTION ACTIVITIES- Funds provided under subparagraph
(A) 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) Education in high schools on the value of marriage, relationship
skills, and budgeting.
`(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.
`(iv) Pre-marital education and marriage skills training for engaged
couples and for couples or individuals interested in marriage.
`(v) Marriage enhancement and marriage skills training programs for
married couples.
`(vi) Divorce reduction programs that teach relationship skills.
`(vii) Marriage mentoring programs which use married couples as role
models and mentors in at-risk communities.
`(viii) Programs to reduce the disincentives to marriage in means-tested
aid programs, if offered in conjunction with any activity described
in this subparagraph.
`(i) IN GENERAL- Out of any money in the Treasury of the United States
not otherwise appropriated, there are appropriated for each of fiscal
years 2005 through 2010 $100,000,000 for grants under this paragraph.
`(ii) EXTENDED AVAILABILITY OF FY2005 FUNDS- Funds appropriated under
clause (i) for fiscal year 2005 shall remain available to the Secretary
through fiscal year 2006, for grants under this paragraph for fiscal
year 2005.'.
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect
on the date of the enactment of this Act.
(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:
`(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).'.
SEC. 104. SUPPLEMENTAL GRANT FOR POPULATION INCREASES IN CERTAIN STATES.
Section 403(a)(3) (42 U.S.C. 603(a)(3)) is amended--
(1) in subparagraph (E)--
(A) by striking `1998, 1999, 2000, and 2001' and inserting `2006 through
2009'; and
(B) by striking `, in a total amount not to exceed $800,000,000';
(2) in subparagraph (G), by striking `2001' and inserting `2009'; and
(3) by striking subparagraph (H) and inserting the following:
`(H) FURTHER PRESERVATION OF GRANT AMOUNTS- A State that was a qualifying
State under this paragraph for fiscal year 2004 or any prior fiscal year
shall be entitled to receive from the Secretary for each of fiscal years
2006 through 2009 a grant in an amount equal to the amount required to
be paid to the State under this paragraph for the most recent fiscal year
for which the State was a qualifying State.'.
SEC. 105. BONUS TO REWARD EMPLOYMENT ACHIEVEMENT.
(a) In General- Section 403(a)(4) (42 U.S.C. 603(a)(4)) is amended--
(1) in the paragraph heading, by striking `HIGH PERFORMANCE STATES' and
inserting `EMPLOYMENT ACHIEVEMENT'; and
(2) by striking subparagraphs (A) through (F) and inserting the following:
`(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.
`(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.
`(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.
`(C) FORMULA FOR MEASURING STATE PERFORMANCE-
`(i) IN GENERAL- Subject to clause (ii), not later than October 1, 2006,
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.
`(ii) SPECIAL RULE FOR BONUS YEAR 2006- For the purposes of awarding
a bonus under this paragraph for bonus year 2006, the Secretary may
measure the performance of a State in fiscal year 2005 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.
`(D) DETERMINATION OF STATE PERFORMANCE- For each bonus year, the Secretary
shall--
`(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
`(ii) prescribe performance standards in such a manner so as to ensure
that--
`(I) the average annual total amount of grants to be made under this
paragraph for each bonus year equals $100,000,000; and
`(II) the total amount of grants to be made under this paragraph for
all bonus years equals $600,000,000.
`(E) DEFINITIONS- In this paragraph:
`(i) BONUS YEAR- The term `bonus year' means each of fiscal years 2006
through 2011.
`(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.
`(i) IN GENERAL- Out of any money in the Treasury of the United States
not otherwise appropriated, there are appropriated for fiscal years
2006 through 2011 $600,000,000 for grants under this paragraph.
`(ii) EXTENDED AVAILABILITY OF PRIOR APPROPRIATION- Amounts appropriated
under section 403(a)(4)(F) of the Social Security Act (as in effect
before the date of the enactment of this clause) that have not been
expended as of such date of enactment shall remain available through
fiscal year 2006 for grants under section 403(a)(4) of such Act (as
in effect before such date of enactment) for bonus year 2005.
`(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.'.
(b) Effective Date- The amendments made by subsection (a) shall take effect
on the date of the enactment of this Act.
SEC. 106. CONTINGENCY FUND.
(a) Deposits Into Fund- Section 403(b)(2) (42 U.S.C. 603(b)(2)) is amended--
(1) by striking `1997, 1998, 1999, 2000, 2001, 2002, and 2003' and inserting
`2006 through 2010'; and
(2) by striking all that follows `$2,000,000,000' and inserting a period.
(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 2005' and inserting `fiscal years 2006
through 2010'.
(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,'.
(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--
(1) in subparagraph (A)(ii)--
(A) by adding `and' at the end of subclause (I);
(B) by striking `; and' at the end of subclause (II) and inserting a period;
and
(C) by striking subclause (III);
(2) in subparagraph (B)(i)(II), by striking all that follows `section 409(a)(7)(B)(iii))'
and inserting a period;
(3) by amending subparagraph (B)(ii)(I) to read as follows:
`(I) the qualified State expenditures (as defined in section 409(a)(7)(B)(i))
for the fiscal year; plus'; and
(4) by striking subparagraph (C).
(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--
(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
(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,'.
SEC. 107. USE OF FUNDS.
(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'.
(b) Treatment of Interstate Immigrants-
(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.
(2) USE OF FUNDS- Section 404 (42 U.S.C. 604) is amended by striking subsection
(c).
(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'.
(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:
`(B) APPLICABLE PERCENT- For purposes of subparagraph (A), the applicable
percent is 10 percent for fiscal year 2006 and each succeeding fiscal
year.'.
(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:
`(e) Authority To Carryover or Reserve Certain Amounts for Benefits or Services
or for Future Contingencies-
`(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.
`(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.'.
SEC. 108. REPEAL OF FEDERAL LOAN 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. 109. UNIVERSAL ENGAGEMENT AND FAMILY SELF-SUFFICIENCY PLAN REQUIREMENTS.
(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:
`(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).
`(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).'.
(b) Establishment of Family Self-Sufficiency Plans-
(1) IN GENERAL- Section 408(b) (42 U.S.C. 608(b)) is amended to read as
follows:
`(b) Family Self-Sufficiency Plans-
`(1) IN GENERAL- A State to which a grant is made under section 403 shall--
`(A) assess, in the manner deemed appropriate by the State, 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;
`(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;
`(C) require, at a minimum, each such individual to participate in activities
in accordance with the self-sufficiency plan;
`(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;
`(E) upon such a review, revise the self-sufficiency plan and activities
as the State deems appropriate.
`(2) TIMING- The State shall comply with paragraph (1) with respect to a
family--
`(A) in the case of a family that, as of October 1, 2005, 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
`(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.
`(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.
`(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.'.
(2) PENALTY FOR FAILURE TO ESTABLISH FAMILY SELF-SUFFICIENCY PLAN- Section
409(a)(3) (42 U.S.C. 609(a)(3)) is amended--
(A) in the paragraph heading, by inserting `or establish family self-sufficiency
plan' after `rates'; and
(B) in subparagraph (A), by inserting `or 408(b)' after `407(a)'.
SEC. 110. WORK PARTICIPATION REQUIREMENTS.
(a) Elimination of Separate Participation Rate Requirements for 2-Parent Families-
(1) Section 407 (42 U.S.C. 607) is amended in each of subsections (a) and
(b) by striking paragraph (2).
(2) Section 407(b)(4) (42 U.S.C. 607(b)(4)) is amended by striking `paragraphs
(1)(B) and (2)(B)' and inserting `paragraph (1)(B)'.
(3) Section 407(c)(1) (42 U.S.C. 607(c)(1)) is amended by striking subparagraph
(B).
(4) Section 407(c)(2)(D) (42 U.S.C. 607(c)(2)(D)) is amended by striking
`paragraphs (1)(B)(i) and (2)(B) of subsection (b)' and inserting `subsection
(b)(1)(B)(i)'.
(b) Work Participation Requirements- Section 407 (42 U.S.C. 607) is amended
by striking all that precedes subsection (b)(3) and inserting the following:
`SEC. 407. WORK PARTICIPATION REQUIREMENTS.
`(a) Participation Rate Requirements-
`(1) IN GENERAL- Subject to the succeeding provisions of this section, 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--
`(A) 50 percent for fiscal year 2006;
`(B) 55 percent for fiscal year 2007;
`(C) 60 percent for fiscal year 2008;
`(D) 65 percent for fiscal year 2009; and
`(E) 70 percent for fiscal year 2010 and each succeeding fiscal year.
`(2) MINIMUM PARTICIPATION RATE FLOOR-
`(A) IN GENERAL- A State to which a grant is made under section 403 for
a fiscal year shall achieve a minimum participation rate floor, calculated
in accordance with subparagraph (B), that is not less than--
`(i) 10 percent for fiscal year 2006;
`(ii) 20 percent for fiscal year 2007;
`(iii) 30 percent for fiscal year 2008;
`(iv) 40 percent for fiscal year 2009; and
`(v) 55 percent for fiscal year 2010 and each succeeding fiscal year.
`(B) CALCULATION OF PARTICIPATION RATES FOR DETERMINING COMPLIANCE WITH
MINIMUM PARTICIPATION RATE FLOOR-
`(i) IN GENERAL- For purposes of determining compliance with subparagraph
(A), the provisions of subsection (b) shall apply with respect to the
calculation of the participation rate of a State for a fiscal year except
as provided in clauses (ii) and (iii).
`(ii) SPECIAL RULES- For purposes of this paragraph--
`(I) a reduction under subsection (b)(3) shall not be applied with
respect to a State for a fiscal year to the extent it would reduce
the minimum participation rate the State is otherwise required to
meet below the level specified in subparagraph (A) for such fiscal
year;
`(II) the participation rate determined under paragraphs (1) and (2)
of subsection (b) for a State for a fiscal year may not be increased
as provided in subsection (b)(4) if the State's participation rate
(as so determined) is below the level specified for such fiscal year
in subparagraph (A); and
`(III) the options to exclude certain families for purposes of determining
monthly participation rates provided in subsection (b)(2)(B)(ii) shall
not apply.
`(iii) DEFINITION OF ASSISTANCE- For purposes of this paragraph, the
term `assistance' in subsection (b) shall be deemed to mean assistance
to a family that--
`(I) meets the definition of that term in section 419; and
`(aa) under the State program funded under this part; or
`(bb) under a program funded with qualified State expenditures (as
defined in section 409(a)(7)(B)(i)).
`(C) NO WORK REQUIREMENT IMPOSED FOR FAMILIES WITH AN INFANT- Nothing
in this paragraph shall be construed as requiring a State to require a
family in which the youngest child has not attained 12 months of age to
engage in work or other activities.
`(b) Calculation of Participation Rates-
`(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.
`(2) MONTHLY PARTICIPATION RATES; INCORPORATION OF 40-HOUR WORK WEEK STANDARD-
`(A) IN GENERAL- For purposes of paragraph (1), the participation rate
of a State for a month is--
`(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
`(ii) 160 multiplied by the number of counted families for the State
for the month.
`(B) COUNTED FAMILIES DEFINED-
`(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).
`(ii) STATE OPTION TO EXCLUDE CERTAIN FAMILIES- At the option of a State,
the term `counted family' shall not include--
`(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
`(II) on a case-by-case basis, a family in which the youngest child
has not attained 12 months of age.
`(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.
`(C) WORK-ELIGIBLE INDIVIDUAL DEFINED- In this section, the term `work-eligible
individual' means an individual--
`(i) who is married or a single head of household; and
`(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.'.
(c) Recalibration of Caseload Reduction Credit-
(1) IN GENERAL- Section 407(b)(3)(A)(ii) (42 U.S.C. 607(b)(3)(A)(ii)) is
amended to read as follows:
`(ii) the average monthly number of families that received assistance
under the State program funded under this part during the base year.'.
(2) CONFORMING AMENDMENT- Section 407(b)(3)(B) (42 U.S.C. 607(b)(3)(B))
is amended by striking `and eligibility criteria' and all that follows through
the close parenthesis and inserting `and the eligibility criteria in effect
during the then applicable base year'.
(3) BASE YEAR DEFINED- Section 407(b)(3) (42 U.S.C. 607(b)(3)) is amended
by adding at the end the following:
`(C) BASE YEAR DEFINED- In this paragraph, the term `base year' means,
with respect to a fiscal year--
`(i) if the fiscal year is fiscal year 2006, fiscal year 1996;
`(ii) if the fiscal year is fiscal year 2007, fiscal year 1998;
`(iii) if the fiscal year is fiscal year 2008, fiscal year 2001; or
`(iv) if the fiscal year is fiscal year 2009 or any succeeding fiscal
year, the then 4th preceding fiscal year.'.
(d) Superachiever Credit- Section 407(b) (42 U.S.C. 607(b)) is amended by
striking paragraphs (4) and (5) and inserting the following:
`(4) SUPERACHIEVER CREDIT-
`(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--
`(i) the amount (if any) of the superachiever credit applicable to the
State; or
`(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.
`(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.
`(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.
`(D) DEFINITIONS- In this paragraph:
`(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.
`(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.'.
(e) Countable Hours- Section 407 of such Act (42 U.S.C. 607) is amended by
striking subsections (c) and (d) and inserting the following:
`(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.
`(2) LIMITATIONS- Subject to such regulations as the Secretary may prescribe:
`(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.
`(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.
`(3) SPECIAL RULES- For purposes of paragraph (1):
`(A) PARTICIPATION IN QUALIFIED ACTIVITIES-
`(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).
`(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--
`(I) substance abuse counseling or treatment;
`(II) rehabilitation treatment and services;
`(III) work-related education or training directed at enabling the
family member to work;
`(IV) job search or job readiness assistance; and
`(V) any other activity that addresses a purpose specified in section
401(a).
`(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.
`(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.
`(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--
`(i) maintains satisfactory attendance at secondary school or the equivalent
in the month; or
`(ii) participates in education directly related to employment for an
average of at least 20 hours per week in the month.
`(d) Direct Work Activity- In this section, the term `direct work activity'
means--
`(1) unsubsidized employment;
`(2) subsidized private sector employment;
`(3) subsidized public sector employment;
`(4) on-the-job training;
`(5) supervised work experience; or
`(6) supervised community service.'.
(f) Penalties Against Individuals- Section 407(e)(1) (42 U.S.C. 607(e)(1))
is amended to read as follows:
`(1) REDUCTION OR TERMINATION OF ASSISTANCE-
`(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--
`(i) if the failure is partial or persists for not more than 1 month--
`(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
`(II) terminate all assistance to the family, subject to such good
cause exceptions as the State may establish; or
`(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.
`(i) IN GENERAL- 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.
`(ii) LIMITATION- Clause (i) of this subparagraph shall not apply after
the 1-year period that begins with the date of the enactment of this
subparagraph.'.
(g) Conforming Amendments-
(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'.
(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'.
SEC. 111. MAINTENANCE OF EFFORT.
(a) In General- 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, 2003, 2004, 2005, or 2006' and inserting `fiscal year 2006, 2007,
2008, 2009, 2010, or 2011'; and
(2) in subparagraph (B)(ii)--
(A) by inserting `preceding' before `fiscal year'; and
(B) by striking `for fiscal years 1997 through 2005,'.
(b) State Spending on Promoting Healthy Marriage-
(1) IN GENERAL- Section 404 (42 U.S.C. 604) is amended by adding at the
end the following:
`(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).'.
(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:
`(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.'.
SEC. 112. PERFORMANCE IMPROVEMENT.
(a) State Plans- Section 402(a) (42 U.S.C. 602(a)) is amended--
(A) in subparagraph (A)--
(i) by redesignating clause (vi) and clause (vii) (as added by section
103(a) of this Act) as clauses (vii) and (viii), respectively; and
(ii) by striking clause (v) and inserting the following:
`(v) The document shall--
`(I) describe how the State will pursue ending dependence of needy
families on government benefits and reducing poverty by promoting
job preparation and work;
`(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;
`(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
`(IV) describe the methodology that the State will use to measure
State performance in relation to each such objective.
`(vi) Describe any strategies and programs the State may be undertaking
to address--
`(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;
`(II) efforts to reduce teen pregnancy;
`(III) services for struggling and noncompliant families, and for
clients with special problems; and
`(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
(B) in subparagraph (B), by striking clause (iii) (as so redesignated
by section 107(b)(1) of this Act) and inserting the following:
`(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 Reconciliation Act
of 1996.
`(iv) The document shall describe strategies to improve program management
and performance.'; and
(2) in paragraph (4), by inserting `and tribal' after `that local'.
(b) Consultation With State Regarding Plan and Design of Tribal Programs-
Section 412(b)(1) (42 U.S.C. 612(b)(1)) is amended--
(1) by striking `and' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F) and inserting
`; and'; and
(3) by adding at the end the following:
`(G) provides an assurance that the State in which the tribe is located
has been consulted regarding the plan and its design.'.
(c) Performance Measures- Section 413 (42 U.S.C. 613) is amended by adding
at the end the following:
`(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.'.
(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'.
SEC. 113. DATA COLLECTION AND REPORTING.
(a) Contents of Report- Section 411(a)(1)(A) (42 U.S.C. 611(a)(1)(A)) is amended--
(1) in the matter preceding clause (i), by inserting `and on families receiving
assistance under State programs funded with other qualified State expenditures
(as defined in section 409(a)(7)(B))' before the colon;
(2) in clause (vii), by inserting `and minor parent' after `of each adult';
(3) in clause (viii), by striking `and educational level';
(4) in clause (ix), by striking `, and if the latter 2, the amount received';
(A) by striking `each type of'; and
(B) by inserting before the period `and, if applicable, the reason for
receipt of the assistance for a total of more than 60 months';
(6) in clause (xi), by striking the subclauses and inserting the following:
`(I) Subsidized private sector employment.
`(II) Unsubsidized employment.
`(III) Public sector employment, supervised work experience, or supervised
community service.
`(IV) On-the-job training.
`(V) Job search and placement.
`(VIII) Other activities directed at the purposes of this part, as
specified in the State plan submitted pursuant to section 402.';
(7) in clause (xii), by inserting `and progress toward universal engagement'
after `participation rates';
(8) in clause (xiii), by striking `type and' before `amount of assistance';
(9) in clause (xvi), by striking subclause (II) and redesignating subclauses
(III) through (V) as subclauses (II) through (IV), respectively; and
(10) by adding at the end the following:
`(xviii) The date the family first received assistance from the State
program on the basis of the most recent application for such assistance.
`(xix) Whether a self-sufficiency plan is established for the family
in accordance with section 408(b).
`(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.'.
(b) Use of Samples- Section 411(a)(1)(B) (42 U.S.C. 611(a)(1)(B)) is amended--
(A) by striking `a sample' and inserting `samples'; and
(B) by inserting before the period `, except that the Secretary may designate
core data elements that must be reported on all families'; and
(2) in clause (ii), by striking `funded under this part' and inserting `described
in subparagraph (A)'.
(c) Report on Families That Become Ineligible To Receive Assistance- Section
411(a) (42 U.S.C. 611(a)) is amended--
(1) by striking paragraph (5);
(2) by redesignating paragraph (6) as paragraph (5); and
(3) by inserting after paragraph (5) (as so redesignated) the following:
`(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).'.
(d) Regulations- Section 411(a)(7) (42 U.S.C. 611(a)(7)) is amended--
(1) by inserting `and to collect the necessary data' before `with respect
to which reports';
(2) by striking `subsection' and inserting `section'; and
(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.'.
(e) Additional Reports by States- Section 411 (42 U.S.C. 611) is amended--
(1) by redesignating subsection (b) as subsection (e); and
(2) by inserting after subsection (a) the following:
`(b) Annual Reports on Program Characteristics- Not later than 90 days after
the end of fiscal year 2006 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.
`(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 a 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.
`(d) Annual Report on Performance Improvement- Beginning with fiscal year
2007, 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).'.
(f) Annual Reports to Congress by the Secretary- Section 411(e), as so redesignated
by subsection (e) of this section, is amended--
(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';
(2) in paragraph (2), by striking `families applying for assistance,' and
by striking the last comma; and
(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.
(g) Increased Analysis of State Single Audit Reports- Section 411 (42 U.S.C.
611) is amended by adding at the end the following:
`(f) Increased Analysis of State Single Audit Reports-
`(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.
`(2) INCLUSION OF PROGRAM OVERSIGHT SECTION IN ANNUAL REPORT TO THE CONGRESS-
The Secretary shall include in each report under subsection (e) 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.'.
SEC. 114. DIRECT FUNDING AND ADMINISTRATION BY INDIAN TRIBES.
(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, 2002, and 2003' and
inserting `2006 through 2010'.
(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,
2002, and 2003' and inserting `2006 through 2010'.
SEC. 115. RESEARCH, EVALUATIONS, AND NATIONAL STUDIES.
(a) Secretary's Fund for Research, Demonstrations, and Technical Assistance-
(1) IN GENERAL- 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:
`(l) Funding for Research, Demonstrations, and Technical Assistance-
`(A) 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 2005 through 2010, 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.
`(B) EXTENDED AVAILABILITY OF FY 2005 FUNDS- Funds appropriated under
this paragraph for fiscal year 2005 shall remain available to the Secretary
through fiscal year 2006, for use in accordance with this paragraph for
fiscal year 2005.
`(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-
`(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.
`(B) USE OF FUNDS- A grant made to such a project shall be used--
`(i) to improve case management for families eligible for assistance
from such a tribal program;
`(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
`(iii) for prevention services and assistance to tribal families at
risk of child abuse and neglect.
`(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.'.
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect
on the date of the enactment of this Act.
(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 `2006 through 2010'.
(c) Report on Enforcement of Certain Affidavits of Support and Sponsor Deeming-
Not later than March 31, 2006, 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.
(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.
SEC. 116. STUDIES BY THE CENSUS BUREAU AND THE GOVERNMENT ACCOUNTABILITY
OFFICE.
(1) IN GENERAL- Section 414(a) (42 U.S.C. 614(a)) is amended to read as
follows:
`(a) In General- The Bureau of the Census shall implement or enhance a longitudinal
survey of program participation, 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.'.
(2) APPROPRIATION- Section 414(b) (42 U.S.C. 614(b)) is amended--
(A) by striking `1996,' and all that follows through `2003' and inserting
`2006 through 2010'; and
(B) by adding at the end the following: `Funds appropriated under this
subsection shall remain available through fiscal year 2010 to carry out
subsection (a).'.
(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.
(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.
SEC. 117. DEFINITION OF ASSISTANCE.
(a) In General- 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
or child care).
`(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).'.
(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 413(d)(2) (42 U.S.C. 613(d)(2)) is amended by striking `assistance'
and inserting `aid'.
SEC. 118. TECHNICAL CORRECTIONS.
(a) Section 409(c)(2) (42 U.S.C. 609(c)(2)) is amended by inserting a comma
after `appropriate'.
(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.
(c) Section 413(j)(2)(A) (42 U.S.C. 613(j)(2)(A)) is amended by striking `section'
and inserting `sections'.
(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.
(2) Each of the following provisions is amended by striking `413(j)' and inserting
`413(i)':
(A) Section 403(a)(5)(A)(ii)(III) (42 U.S.C. 603(a)(5)(A)(ii)(III)).
(B) Section 403(a)(5)(F) (42 U.S.C. 603(a)(5)(F)).
(C) Section 403(a)(5)(G)(ii) (42 U.S.C. 603(a)(5)(G)(ii)).
(D) Section 412(a)(3)(B)(iv) (42 U.S.C. 612(a)(3)(B)(iv)).
SEC. 119. FATHERHOOD PROGRAM.
(a) Short Title- This section may be cited as the `Promotion and Support of
Responsible Fatherhood and Healthy Marriage Act of 2005'.
(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:
`SEC. 117. FATHERHOOD PROGRAM.
`(a) In General- Title IV (42 U.S.C. 601-679b) is amended by inserting after
part B the following:
`PART C--FATHERHOOD PROGRAM
`SEC. 441. FINDINGS AND PURPOSES.
`(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:
`(1) In approximately 84 percent of cases where a parent is absent, that
parent is the father.
`(2) If current trends continue, half of all children born today will live
apart from one of their parents, usually their father, at some point before
they turn 18.
`(3) Where families (whether intact or with a parent absent) are living
in poverty, a significant factor is the father's lack of job skills.
`(4) Committed and responsible fathering during infancy and early childhood
contributes to the development of emotional security, curiosity, and math
and verbal skills.
`(5) An estimated 19,400,000 children (27 percent) live apart from their
biological father.
`(6) Forty percent of children under age 18 not living with their biological
father had not seen their father even once in the last 12 months, according
to national survey data.
`(b) Purposes- The purposes of this part are:
`(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:
`(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.
`(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.
`(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.
`(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.
`(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.
`(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.
`SEC. 442. DEFINITIONS.
`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.
`SEC. 443. COMPETITIVE GRANTS FOR SERVICE PROJECTS.
`(a) In General- The Secretary may make grants for fiscal years 2006 through
2010 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).
`(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:
`(1) PROJECT DESCRIPTION- A statement including--
`(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
`(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).
`(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.
`(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.
`(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.
`(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.
`(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.
`(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.
`(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.
`(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:
`(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).
`(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.
`(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.
`(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.
`(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.
`(d) Considerations in Awarding Grants-
`(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.
`(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.
`(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--
`(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
`(B) up to 100 percent, in the case of a project under subsection (c).
`(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.
`SEC. 444. MULTICITY, MULTISTATE DEMONSTRATION PROJECTS.
`(a) In General- The Secretary may make grants under this section for fiscal
years 2006 through 2010 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.
`(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:
`(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.
`(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.
`(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:
`(A) ELIGIBLE ENTITY- A demonstration that the entity meets the requirements
of subsection (b).
`(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.
`(2) PROJECT DESCRIPTION- A description of and commitments concerning the
project design, including the following:
`(A) IN GENERAL- A detailed description of the proposed project design
and how it will be carried out, which shall--
`(i) provide for the project to be conducted in at least 3 major metropolitan
areas;
`(ii) state how it will address each of the 4 objectives specified in
section 441(b)(1);
`(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
`(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).
`(B) OVERSIGHT, EVALUATION, AND ADJUSTMENT COMPONENT- An agreement that
the entity--
`(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;
