| HR 4 IH
108th CONGRESS
1st Session
H. R. 4
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 HOUSE OF REPRESENTATIVES
February 4, 2003
Ms. PRYCE of Ohio (for herself,
Mr. THOMAS, Mr. BOEHNER, Mr. TAUZIN, Mr. OXLEY, Mr. YOUNG of Florida, Mr.
HERGER, Mr. MCKEON, Mr. UPTON, Mr. BILIRAKIS, Mr. GOODLATTE, Mr. NEY, and
Mr. SHAW) introduced the following bill; which was referred to the Committee
on Ways and Means, and in addition to the Committees on Energy and Commerce,
Education and the Workforce, Agriculture, and Financial Services, 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
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 2003'.
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 General Accounting 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 2003.
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. Use of new hire
information to assist in administration of unemployment compensation programs.
Sec. 307. Decrease in amount
of child support arrearage triggering passport denial.
Sec. 308. Use of tax refund
intercept program to collect past-due child support on behalf of children
who are not minors.
Sec. 309. Garnishment of
compensation paid to veterans for service-connected disabilities in order
to enforce child support obligations.
Sec. 310. Improving Federal
debt collection practices.
Sec. 311. Maintenance of
technical assistance funding.
Sec. 312. 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 2004.
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
2001, 33 percent of adult recipients were working, compared to less than
7 percent in fiscal year 1992, and 11 percent in fiscal year 1996. All
States met the overall participation rate standard in fiscal year 2001,
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 2002, 2,025,000 families and 5,008,000 individuals
were receiving assistance. Accordingly, the number of families in the welfare
caseload and the number of individuals receiving cash assistance declined
54 percent and 58 percent, respectively, since the enactment of TANF. These
declines have persisted even as unemployment rates have increased: unemployment
rates nationwide rose 50 percent, from 3.9 percent in September 2000 to
6 percent in November 2002, while welfare caseloads continued to decline.
(D) The child poverty rate
continued to decline between 1996 and 2001, falling 20 percent from 20.5
to 16.3 percent. The 2001 child poverty rate remains at the lowest level
since 1979. Child poverty rates for African-American and Hispanic children
have also fallen dramatically during the past 6 years. African-American
child poverty is at the lowest rate on record and Hispanic child poverty
is at the lowest level reported in over 20 years.
(E) Despite these gains,
States have had mixed success in fully engaging welfare recipients in work
activities. While all States have met the overall work participation rates
required by law, in 2001, in an average month, only just over 1/3 of all
families with an adult participated in work activities that were countable
toward the State's participation rate. Five jurisdictions failed to meet
the more rigorous 2-parent work requirements, and 19 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.
(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 teen birth rate
has fallen continuously since 1991, down a dramatic 22 percent by 2000.
During the period of 1991-2000, teenage birth rates fell in all States
and the District of Columbia, Puerto Rico, and the Virgin Islands. Declines
also have spanned age, racial, and ethnic groups. There has been success
in lowering the birth rate for both younger and older teens. The birth
rate for those 15-17 years of age is down 29 percent since 1991, and the
rate for those 18 and 19 is down 16 percent. Between 1991 and 2000, teen
birth rates declined for all women ages 15-19--white, African American,
American Indian, Asian or Pacific Islander, and Hispanic women ages 15-19.
The rate for African American teens--until recently the highest--experienced
the largest decline, down 31 percent from 1991 to 2000, to reach the lowest
rate ever reported for this group. Most births to teens are nonmarital;
in 2000, about 73 percent of the births to teens aged 15-19 occurred outside
of marriage.
(B) Nonmarital childbearing
continued to increase slightly in 2001, however not at the sharp rates
of increase seen in recent decades. The birth rate among unmarried women
in 2001 was 4 percent lower than its peak reached in 1994, while the proportion
of births occurring outside of marriage has remained at approximately 33
percent since 1998.
(C) The negative consequences
of out-of-wedlock birth on the mother, the child, the family, and society
are well documented. These include increased likelihood of welfare dependency,
increased risks of low birth weight, poor cognitive development, child
abuse and neglect, and teen parenthood, and decreased likelihood of having
an intact marriage during adulthood.
(D) An estimated 24,500,000
children do not live with their biological fathers, and 7,100,000 children
do not live with their biological mothers. These facts are attributable
largely to declining marriage rates, increasing divorce rates, and increasing
rates of nonmarital births during the latter part of the 20th century.
(E) There has been a dramatic
rise in cohabitation as marriages have declined. Only 40 percent of children
of cohabiting couples will see their parents marry. Those who do marry
experience a 50 percent higher
divorce rate. Children in single-parent households and cohabiting households
are at much higher risk of child abuse than children in intact married
and stepparent families.
(F) Children who live apart
from their biological fathers, on average, are more likely to be poor,
experience educational, health, emotional, and psychological problems,
be victims of child abuse, engage in criminal behavior, and become involved
with the juvenile justice system than their peers who live with their married,
biological mother and father. A child living in a single-parent family
is nearly 5 times as likely to be poor as a child living in a married-couple
family. In 2001, in married-couple families, the child poverty rate was
8 percent, and in households headed by a single mother, the poverty rate
was 39.3 percent.
(G) Since the enactment
of the Personal Responsibility and Work Opportunity Reconciliation Act
of 1996, child support collections within the child support enforcement
system have grown every year, increasing from $12,000,000,000 in fiscal
year 1996 to nearly $19,000,000,000 in fiscal year 2001. The number of
paternities established or acknowledged in fiscal year 2002 reached an
historic high of over 1,500,000--which includes more than a 100 percent
increase through in-hospital acknowledgement programs to 790,595 in 2001
from 324,652 in 1996. Child support collections were made in well over
7,000,000 cases in fiscal year 2000, 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 2001 were $25,500,000,000, up from $24,000,000,000
in fiscal year 2000 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, 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 father involvement. Over half the
States have eliminated restrictions on 2-parent families. Many States use
TANF, child support, or State funds to support community-based activities
to help fathers become more involved in their children's lives or strengthen
relationships between mothers and fathers.
(4) Therefore, it is the
sense of the Congress that increasing success in moving families from welfare
to work, as well as in promoting healthy marriage and other means of improving
child well-being, are very important Government interests and the policy
contained in part A of title IV of the Social Security Act (as amended
by this Act) is intended to serve these ends.
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, and 2002' and inserting `2004 through 2008'; and
(2) by inserting `payable
to the State for the fiscal year' before the period.
(b) STATE FAMILY ASSISTANCE
GRANT- Section 403(a)(1) (42 U.S.C. 603(a)(1)) is amended by striking subparagraphs
(B) through (E) and inserting the following:
`(B) STATE FAMILY ASSISTANCE
GRANT- The State family assistance grant payable to a State for a fiscal
year shall be the amount that bears the same ratio to the amount specified
in subparagraph (C) of this paragraph as the amount required to be paid
to the State under this paragraph for fiscal year 2002 (determined without
regard to any reduction pursuant to section 409 or 412(a)(1)) bears to
the total amount required to be paid under this paragraph for fiscal year
2002 (as so determined).
`(C) APPROPRIATION- Out
of any money in the Treasury of the United States not otherwise appropriated,
there are appropriated for each of fiscal years 2004 through 2008 $16,566,542,000
for grants under this paragraph.'.
(c) MATCHING GRANTS FOR
THE TERRITORIES- Section 1108(b)(2) (42 U.S.C. 1308(b)(2)) is amended by
striking `1997 through 2002' and inserting `2004 through 2008'.
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- 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 2003 through 2008 $100,000,000
for grants under this paragraph.
`(ii) EXTENDED AVAILABILITY
OF FY2003 FUNDS- Funds appropriated under clause (i) for fiscal year 2003
shall remain available to the Secretary through fiscal year 2004, for grants
under this paragraph for fiscal year 2003.'.
(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)(H) (42
U.S.C. 603(a)(3)(H)) is amended--
(1) in the subparagraph
heading, by striking `OF GRANTS FOR FISCAL YEAR 2002';
(2) in clause (i), by striking
`fiscal year 2002' and inserting `each of fiscal years 2004 through 2007';
(3) in clause (ii), by striking
`2002' and inserting `2007'; and
(4) in clause (iii), by
striking `fiscal year 2002' and inserting `each of fiscal years 2004 through
2007'.
SEC. 105. BONUS TO REWARD EMPLOYMENT
ACHIEVEMENT.
(a) REALLOCATION OF FUNDING-
(1) IN GENERAL- Section
403(a)(4) (42 U.S.C. 603(a)(4)) is amended--
(A) in the paragraph heading,
by striking `HIGH PERFORMANCE STATES' and inserting `EMPLOYMENT ACHIEVEMENT';
(B) in subparagraph (D)(ii)--
(i) in subclause (I), by
striking `equals $200,000,000' and inserting `(other than 2003) equals
$200,000,000, and for bonus year 2003 equals $100,000,000'; and
(ii) in subclause (II),
by striking `$1,000,000,000' and inserting `$900,000,000'; and
(C) in subparagraph (F),
by striking `$1,000,000,000' and inserting `$900,000,000'.
(2) EFFECTIVE DATE- The
amendments made by paragraph (1) shall take effect on the date of the enactment
of this Act, or September 30, 2003, whichever is earlier.
(b) BONUS TO REWARD EMPLOYMENT
ACHIEVEMENT-
(1) IN GENERAL- Section
403(a)(4) (42 U.S.C. 603(a)(4)) is amended by striking subparagraphs (A)
through (F) and inserting the following:
`(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, 2003, the Secretary, in consultation
with the States, shall develop a formula for measuring State performance
in operating the State program funded under this part so as to achieve
the goals of employment entry, job retention, and increased earnings from
employment for families receiving assistance
under the program, as measured
on an absolute basis and on the basis of improvement in State performance.
`(ii) SPECIAL RULE FOR BONUS
YEAR 2004- For the purposes of awarding a bonus under this paragraph for
bonus year 2004, the Secretary may measure the performance of a State in
fiscal year 2003 using the job entry rate, job retention rate, and earnings
gain rate components of the formula developed under section 403(a)(4)(C)
as in effect immediately before the effective date of this paragraph.
`(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 2004 through 2009.
`(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 2004 through 2009 $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 2004 for grants under section
403(a)(4) of such Act (as in effect before such date of enactment) for
bonus year 2003.
`(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.'.
(2) EFFECTIVE DATE- The
amendment made by paragraph (1), except for section 403(a)(4)(F)(ii) of
the Social Security Act as inserted by the amendment, shall take effect
on October 1, 2003.
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, and 2002' and inserting `2004 through 2008'; 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 2002' and inserting `fiscal years 2004 through 2008'.
(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,'.
(f) EFFECTIVE DATE- The
amendments made by this section shall take effect on October 1, 2003.
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 2004 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, 2003, is not receiving assistance from the State
program funded under this part, not later than 60 days after the family
first receives assistance on the basis of the most recent application for
the assistance; 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-
(A) Section 407 (42 U.S.C.
607) is amended in each of subsections (a) and (b) by striking paragraph
(2).
(B) 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)'.
(C) Section 407(c)(1) (42
U.S.C. 607(c)(1)) is amended by striking subparagraph (B).
(D) 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)'.
(2) EFFECTIVE DATE- The
amendments made by paragraph (1) shall take effect on October 1, 2002.
(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- 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--
`(1) 50 percent for fiscal
year 2004;
`(2) 55 percent for fiscal
year 2005;
`(3) 60 percent for fiscal
year 2006;
`(4) 65 percent for fiscal
year 2007; and
`(5) 70 percent for fiscal
year 2008 and each succeeding fiscal year.
`(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 2004, fiscal year 1996;
`(II) if the fiscal year
is fiscal year 2005, fiscal year 1998;
`(III) if the fiscal year
is fiscal year 2006, fiscal year 2001; or
`(IV) if the fiscal year
is fiscal year 2007 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'.
(h) EFFECTIVE DATE- The
amendments made by this section (other than subsection (a)) shall take
effect on October 1, 2003.
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, or 2003' and inserting
`fiscal year 2003, 2004, 2005, 2006, 2007, 2008, or 2009'; and
(2) in subparagraph (B)(ii)--
(A) by inserting `preceding'
before `fiscal year'; and
(B) by striking `for fiscal
years 1997 through 2002,'.
(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 2004
and each succeeding fiscal year, each eligible State shall submit to the
Secretary a report on the characteristics of the State program funded under
this part and other State programs funded with qualified State expenditures
(as defined in section 409(a)(7)(B)(i)). The report shall include, with
respect to each such program, the program name, a description of program
activities, the program purpose, the program eligibility criteria, the
sources of program funding, the number of program beneficiaries, sanction
policies, and any program work requirements.
`(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 2005, 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, and 2002' and inserting `2004 through 2008'.
(b) GRANTS FOR INDIAN TRIBES
THAT RECEIVED JOBS FUNDS- Section 412(a)(2)(A) (42 U.S.C. 612(a)(2)(A))
is amended by striking `1997, 1998, 1999, 2000, 2001, and 2002' and inserting
`2004 through 2008'.
SEC. 115. RESEARCH, EVALUATIONS,
AND NATIONAL STUDIES.
(a) SECRETARY'S FUND FOR
RESEARCH, DEMONSTRATIONS, AND TECHNICAL ASSISTANCE- Section 413 (42 U.S.C.
613), as amended by section 112(c) of this Act, is further amended by adding
at the end the following:
`(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 2003 through
2008, 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 2003 FUNDS- Funds appropriated under this paragraph for fiscal year
2003 shall remain available to the Secretary through fiscal year 2004,
for use in accordance with this paragraph for fiscal year 2003.
`(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.'.
(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
`2004 through 2008'.
(c) REPORT ON ENFORCEMENT
OF CERTAIN AFFIDAVITS OF SUPPORT AND SPONSOR DEEMING- Not later than March
31, 2004, the Secretary of Health and Human Services, in consultation with
the Attorney General, shall submit to the Congress a report on the enforcement
of affidavits of support and sponsor deeming as required by section 421,
422, and 432 of the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996.
(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 GENERAL ACCOUNTING 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 `2002' and inserting `2004 through 2008';
and
(B) by adding at the end
the following: `Funds appropriated under this subsection shall remain available
through fiscal year 2008 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 2003'.
(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 90
percent of cases where a parent is absent, that parent is the father.
`(2) By some estimates,
60 percent of children born in the 1990's will spend a significant portion
of their childhood in a home without a father.
`(3) Nearly 75 percent of
children in single-parent homes will experience poverty before they are
11 years old, compared with only 20 percent of children in 2-parent families.
`(4) Low income is positively
correlated with children's difficulties with education, social adjustment,
and delinquency, and single-parent households constitute a disproportionate
share of low-income households.
`(5) Where families (whether
intact or with a parent absent) are living in poverty, a significant factor
is the father's lack of job skills.
`(6) Children raised in
2-parent married families, on average, fare better as a group in key areas,
including better school performance, reduced rates of substance abuse,
crime, and delinquency, fewer health, emotional, and behavioral problems,
lower rates of teenage sexual activity, less risk of abuse or neglect,
and lower risk of teen suicide.
`(7) Committed and responsible
fathering during infancy and early childhood contributes to the development
of emotional security, curiosity, and math and verbal skills.
`(8) An estimated 24,000,000
children (33.5 percent) live apart from their biological father.
`(9) A recent national survey
indicates that of children under age 18 not living with their biological
father, 37 percent had not seen their father even once in the last 12 months.
`(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 2004 through 2008 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 2004 through 2008 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;
`(ii) will submit to the
Secretary revised descriptions of the project design as modified in accordance
with clause (i); and
`(iii) will cooperate fully
with the Secretary's ongoing oversight and ongoing and final evaluation
of the project, by means including affording the Secretary access to the
project and to project-related records and documents, staff, and clients.
`(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 funded under parts A, B, and
D of this title, programs under title I of the Workforce Investment Act
of 1998 (including the One-Stop delivery system), and such other programs
as the Secretary may require.
`(6) RECORDS, REPORTS, AND
AUDITS- An agreement to maintain such records, make such reports, and cooperate
with such reviews or audits (in addition to those required under the preceding
provisions of paragraph (2)) as the Secretary may find necessary for purposes
of oversight of project activities and expenditures.
`(1) IN GENERAL- Grants
for a project under this section for a fiscal year shall be available for
up to 80 percent of the cost of such project in such fiscal year.
`(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. 445. EVALUATION.
`(a) IN GENERAL- The Secretary,
directly or by contract or cooperative agreement, shall evaluate the effectiveness
of service projects funded under sections 443 and 444 from the standpoint
of the purposes specified in section 441(b)(1).
`(b) EVALUATION METHODOLOGY-
Evaluations under this section shall--
`(1) include, to the maximum
extent feasible, random assignment of clients to service delivery and control
groups and other appropriate comparisons of groups of individuals receiving
and not receiving services;
`(2) describe and measure
the effectiveness of the projects in achieving their specific project goals;
and
`(3) describe and assess,
as appropriate, the impact of such projects on marriage, parenting, domestic
violence, child abuse and neglect, money management, employment and earnings,
payment of child support, and child well-being, health, and education.
`(c) EVALUATION REPORTS-
The Secretary shall publish the following reports on the results of the
evaluation:
`(1) An implementation evaluation
report covering the first 24 months of the activities under this part to
be completed by 36 months after initiation of such activities.
`(2) A final report on the
evaluation to be completed by September 30, 2011.
`SEC. 446. PROJECTS OF NATIONAL
SIGNIFICANCE.
`The Secretary is authorized,
by grant, contract, or cooperative agreement, to carry out projects and
activities of national significance relating to fatherhood promotion, including--
`(1) COLLECTION AND DISSEMINATION
OF INFORMATION- Assisting States, communities, and private entities, including
religious organizations, in efforts to promote and support marriage and
responsible fatherhood by collecting, evaluating, developing, and making
available (through the Internet and by other means) to all interested parties
information regarding approaches to accomplishing the objectives specified
in section 441(b)(1).
`(2) MEDIA CAMPAIGN- Developing,
promoting, and distributing to interested States, local governments, public
agencies, and private nonprofit organizations, including charitable and
religious organizations, a media campaign that promotes and encourages
involved, committed, and responsible fatherhood and married fatherhood.
`(3) TECHNICAL ASSISTANCE-
Providing technical assistance, including consultation and training, to
public and private entities, including community organizations and faith-based
organizations, in the implementation of local fatherhood promotion programs.
`(4) RESEARCH- Conducting
research related to the purposes of this part.
`SEC. 447. NONDISCRIMINATION.
`The projects and activities
assisted under this part shall be available on the same basis to all fathers
and expectant fathers able to benefit from such projects and activities,
including married and unmarried fathers and custodial and noncustodial
fathers, with particular attention to low-income fathers, and to mothers
and expectant mothers on the same basis as to fathers.
`SEC. 448. AUTHORIZATION OF
APPROPRIATIONS; RESERVATION FOR CERTAIN PURPOSE.
`(a) AUTHORIZATION- There
are authorized to be appropriated $20,000,000 for each of fiscal years
2004 through 2008 to carry out the provisions of this part.
`(b) RESERVATION- Of the
amount appropriated under this section for each fiscal year, not more than
15 percent shall be available for the costs of the multicity, multicounty,
multistate demonstration projects under section 444, evaluations under
section 445, and projects of national significance under section 446.'.
`(b) INAPPLICABILITY OF
EFFECTIVE DATE PROVISIONS- Section 116 shall not apply to the amendment
made by subsection (a) of this section.'.
(2) CLERICAL AMENDMENT-
Section 2 of such Act is amended in the table of contents by inserting
after the item relating to section 116 the following new item:
`Sec. 117. Fatherhood program.'.
SEC. 120. STATE OPTION TO MAKE
TANF PROGRAMS MANDATORY PARTNERS WITH ONE-STOP EMPLOYMENT TRAINING CENTERS.
Section 408 of the Social
Security Act (42 U.S.C. 608) is amended by adding at the end the following:
`(h) STATE OPTION TO MAKE
TANF PROGRAMS MANDATORY PARTNERS WITH ONE-STOP EMPLOYMENT TRAINING CENTERS-
For purposes of section 121(b) of the Workforce Investment Act of 1998,
a State program funded under part A of title IV of the Social Security
Act shall be considered a program referred to in paragraph (1)(B) of such
section, unless, after the date of the enactment of this subsection, the
Governor of the State notifies the Secretaries of Health and Human Services
and Labor in writing of the decision of the Governor not to make the State
program a mandatory partner.'.
SEC. 121. SENSE OF THE CONGRESS.
It is the sense of the Congress
that a State welfare-to-work program should include a mentoring program.
SEC. 122. EXTENSION THROUGH
FISCAL YEAR 2003.
Except as otherwise provided
in this Act and the amendments made by this Act, activities authorized
by part A of title IV of the Social Security Act, and by section 1108(b)
of the Social Security Act, shall continue through September 30, 2003,
in the manner authorized, and at the level provided, for fiscal year 2002.
TITLE II--CHILD CARE
SEC. 201. SHORT TITLE.
This title may be cited
as the `Caring for Children Act of 2003'.
SEC. 202. GOALS.
(a) GOALS- Section 658A(b)
of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9801
note) is amended--
(1) in paragraph (3) by
striking `encourage' and inserting `assist',
(2) by amending paragraph
(4) to read as follows:
`(4) to assist States to
provide child care to low-income parents;',
(3) by redesignating paragraph
(5) as paragraph (7), and
(4) by inserting after paragraph
(4) the following:
`(5) to encourage States
to improve the quality of child care available to families;
`(6) to promote school readiness
by encouraging the exposure of young children in child care to nurturing
environments and developmentally-appropriate activities, including activities
to foster early cognitive and literacy development; and'.
(b) CONFORMING AMENDMENT-
Section 658E(c)(3)(B) of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858c(c)(3)(B)) is amended by striking `through (5)'
and inserting `through (7)'.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
Section 658B of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended--
(1) by striking `is' and
inserting `are', and
(2) by striking `$1,000,000,000
for each of the fiscal years 1996 through 2002' and inserting `$2,100,000,000
for fiscal year 2003, $2,300,000,000 for fiscal year 2004, $2,500,000,000
for fiscal year 2005, $2,700,000,000 for fiscal year 2006, $2,900,000,000
for fiscal year 2007, and $3,100,000,000 for fiscal year 2008'.
SEC. 204. APPLICATION AND PLAN.
Section 658E(c)(2) of the
Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858C(c)(2))
is amended--
(1) by amending subparagraph
(D) to read as follows:
`(D) CONSUMER AND CHILD
CARE PROVIDER EDUCATION INFORMATION- Certify that the State will collect
and disseminate, through resource and referral services and other means
as determined by the State, to parents of eligible children, child care
providers, and the general public, information regarding--
`(i) the promotion of informed
child care choices, including information about the quality and availability
of child care services;
`(ii) research and best
practices on children's development, including early cognitive development;
`(iii) the availability
of assistance to obtain child care services; and
`(iv) other programs for
which families that receive child care services for which financial assistance
is provided under this subchapter may be eligible, including the food stamp
program, the WIC program under section 17 of the Child Nutrition Act of
1966, the child and adult care food program under section 17 of the Richard
B. Russell National School Lunch Act, and the medicaid and SCHIP programs
under titles XIX and XXI of the Social Security Act.', and
(2) by inserting after subparagraph
(H) the following:
`(I) COORDINATION WITH OTHER
EARLY CHILD CARE SERVICES AND EARLY CHILDHOOD EDUCATION PROGRAMS- Demonstrate
how the State is coordinating child care services provided under this subchapter
with Head Start, Early Reading First, Even Start, Ready-To-Learn Television,
State pre-kindergarten programs, and other early childhood education programs
to expand accessibility to and continuity of care and early education without
displacing services provided by the current early care and education delivery
system.
`(J) PUBLIC-PRIVATE PARTNERSHIPS-
Demonstrate how the State encourages partnerships with private and other
public entities to leverage existing service delivery systems of early
childhood education and increase the supply and quality of child care services.
`(K) CHILD CARE SERVICE
QUALITY-
`(i) CERTIFICATION- For
each fiscal year after fiscal year 2004, certify that during the then preceding
fiscal year the State was in compliance with section 658G and describe
how funds were used to comply with such section during such preceding fiscal
year.
`(ii) STRATEGY- For each
fiscal year after fiscal year 2004, contain an outline of the strategy
the State will implement during such fiscal year for which the State plan
is submitted, to address the quality of child care services in the State
available to low-income parents from eligible child care providers, and
include in such strategy--
`(I) a statement specifying
how the State will address the activities described in paragraphs (1),
(2), and (3) of section 658G;
`(II) a description of quantifiable,
objective measures for evaluating the quality of child care services separately
with respect to the activities listed in each of such paragraphs that the
State will use to evaluate its progress in improving the quality of such
child care services;
`(III) a list of State-developed
child care service quality targets for such fiscal year quantified on the
basis of such measures; and
`(IV) for each fiscal year
after fiscal year 2004, a report on the progress made to achieve such targets
during the then preceding fiscal year.
`(iii) RULE OF CONSTRUCTION-
Nothing in this subparagraph shall be construed to require that the State
apply measures for evaluating quality to specific types of child care providers.
`(L) ACCESS TO CARE FOR
CERTAIN POPULATIONS- Demonstrate how the State is addressing the child
care needs of parents eligible for child care services for which financial
assistance is provided under this subchapter who have children with special
needs, work nontraditional hours, or require child care services for infants
or toddlers.'.
SEC. 205. ACTIVITIES TO IMPROVE
THE QUALITY OF CHILD CARE.
Section 658G of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended
to read as follows:
`SEC. 658G. ACTIVITIES TO IMPROVE
THE QUALITY OF CHILD CARE SERVICES.
`A State that receives funds
to carry out this subchapter for a fiscal year, shall use not less than
6 percent of the amount of such funds for activities provided through resource
and referral services or other means, that are designed to improve the
quality of child care services in the State available to low-income parents
from eligible child care providers. Such activities include--
`(1) programs that provide
training, education, and other professional development activities to enhance
the skills of the child care workforce, including training opportunities
for caregivers in informal care settings;
`(2) activities within child
care settings to enhance early learning for young children, to promote
early literacy, and to foster school readiness;
`(3) initiatives to increase
the retention and compensation of child care providers, including tiered
reimbursement rates for providers that meet quality standards as defined
by the State; or
`(4) other activities deemed
by the State to improve the quality of child care services provided in
such State.'.
SEC. 206. REPORT BY SECRETARY.
Section 658L of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858j) is amended
to read as follows:
`SEC. 658L. REPORT BY SECRETARY.
`(a) REPORT REQUIRED- Not
later than October 1, 2005, and biennially thereafter, the Secretary shall
prepare and submit to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health, Education, Labor
and Pensions of the Senate a report that contains the following:
`(1) A summary and analysis
of the data and information provided to the Secretary in the State reports
submitted under section 658K.
`(2) Aggregated statistics
on the supply of, demand for, and quality of child care, early education,
and non-school-hours programs.
`(3) An assessment, and
where appropriate, recommendations for the Congress concerning efforts
that should be undertaken to improve the access of the public to quality
and affordable child care in the United States.
`(b) COLLECTION OF INFORMATION-
The Secretary may utilize the national child care data system available
through resource and referral organizations at the local, State, and national
level to collect the information required by subsection (a)(2).
SEC. 207. DEFINITIONS.
Section 658P(4)(B) of the
Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858N(4)(B))
is amended by striking `85 percent of the State median income' and inserting
`income levels as established by the State, prioritized by need,'.
SEC. 208. ENTITLEMENT FUNDING.
Section 418(a)(3) (42 U.S.C.
618(a)(3)) 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) $2,917,000,000 for
each of fiscal years 2004 through 2008.'.
TITLE III--CHILD SUPPORT
SEC. 301. FEDERAL MATCHING FUNDS
FOR LIMITED PASS THROUGH OF CHILD SUPPORT PAYMENTS TO FAMILIES RECEIVING
TANF.
(a) IN GENERAL- Section
457(a) (42 U.S.C. 657(a)) is amended--
(1) in paragraph (1)(A),
by inserting `subject to paragraph (7)' before the semicolon; and
(2) by adding at the end
the following:
`(7) FEDERAL MATCHING FUNDS
FOR LIMITED PASS THROUGH OF CHILD SUPPORT PAYMENTS TO FAMILIES RECEIVING
TANF- Notwithstanding paragraph (1), a State shall not be required to pay
to the Federal Government the Federal share of an amount collected during
a month on behalf of a family that is a recipient of assistance under the
State program funded under part A, to the extent that--
`(A) the State distributes
the amount to the family;
`(B) the total of the amounts
so distributed to the family during the month--
`(i) exceeds the amount
(if any) that, as of December 31, 2001, was required under State law to
be distributed to a family under paragraph (1)(B); and
`(ii) does not exceed the
greater of--
`(II) $50 plus the amount
described in clause (i); and
`(C) the amount is disregarded
in determining the amount and type of assistance provided to the family
under the State program funded under part A.'.
(b) EFFECTIVE DATE- The
amendments made by subsection (a) shall apply to amounts distributed on
or after October 1, 2005.
SEC. 302. STATE OPTION TO PASS
THROUGH ALL CHILD SUPPORT PAYMENTS TO FAMILIES THAT FORMERLY RECEIVED TANF.
(a) IN GENERAL- Section
457(a) (42 U.S.C. 657(a)), as amended by section 301(a) of this Act, is
amended--
(1) in paragraph (2)(B),
in the matter preceding clause (i), by inserting `, except as provided
in paragraph (8),' after `shall'; and
(2) by adding at the end
the following:
`(8) STATE OPTION TO PASS
THROUGH ALL CHILD SUPPORT PAYMENTS TO FAMILIES THAT FORMERLY RECEIVED TANF-
In lieu of applying paragraph (2) to any family described in paragraph
(2), a State may distribute to the family any amount collected during a
month on behalf of the family.'.
(b) EFFECTIVE DATE- The
amendments made by subsection (a) shall apply to amounts distributed on
or after October 1, 2005.
SEC. 303. MANDATORY REVIEW AND
ADJUSTMENT OF CHILD SUPPORT ORDERS FOR FAMILIES RECEIVING TANF.
(a) IN GENERAL- Section
466(a)(10)(A)(i) (42 U.S.C. 666(a)(10)(A)(i)) is amended--
(1) by striking `parent,
or,' and inserting `parent or'; and
(2) by striking `upon the
request of the State agency under the State plan or of either parent,'.
(b) EFFECTIVE DATE- The
amendment made by subsection (a) shall take effect on October 1, 2005.
SEC. 304. MANDATORY FEE FOR
SUCCESSFUL CHILD SUPPORT COLLECTION FOR FAMILY THAT HAS NEVER RECEIVED
TANF.
(a) IN GENERAL- Section
454(6)(B) (42 U.S.C. 654(6)(B)) is amended--
(1) by inserting `(i)' after
`(B)';
(2) by redesignating clauses
(i) and (ii) as subclauses (I) and (II), respectively;
(3) by adding `and' after
the semicolon; and
(4) by adding after and
below the end the following new clause:
`(ii) in the case of an
individual who has never received assistance under a State program funded
under part A and for whom the State has collected at least $500 of support,
the State shall impose an annual fee of $25 for each case in which services
are furnished, which shall be retained by the State from support collected
on behalf of the individual (but not from the 1st $500 so collected), paid
by the individual applying for the services, recovered from the absent
parent, or paid by the State out of its own funds (the payment of which
from State funds shall not be considered as an administrative cost of the
State for the operation of the plan, and such fees shall be considered
income to the program);'.
(b) CONFORMING AMENDMENT-
Section 457(a)(3) (42 U.S.C. 657(a)(3)) is amended to read as follows:
`(3) FAMILIES THAT NEVER
RECEIVED ASSISTANCE- In the case of any other family, the State shall distribute
to the family the portion of the amount so collected that remains after
withholding any fee pursuant to section 454(6)(B)(ii).'.
(c) EFFECTIVE DATE- The
amendments made by this section shall take effect on October 1, 2004.
SEC. 305. REPORT ON UNDISTRIBUTED
CHILD SUPPORT PAYMENTS.
Not later than 6 months
after the date of the enactment of this Act, the Secretary of Health and
Human Services shall submit to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate a report
on the procedures that the States use generally to locate custodial parents
for whom child support has been collected but not yet distributed. The
report shall include an estimate of the total amount of undistributed child
support and the average length of time it takes undistributed child support
to be distributed. To the extent the Secretary deems appropriate, the Secretary
shall include in the report recommendations as to whether additional procedures
should be established at the State or Federal level to expedite the payment
of undistributed child support.
SEC. 306. USE OF NEW HIRE INFORMATION
TO ASSIST IN ADMINISTRATION OF UNEMPLOYMENT COMPENSATION PROGRAMS.
(a) IN GENERAL- Section
453(j) (42 U.S.C. 653(j)) is amended by adding at the end the following:
`(7) INFORMATION COMPARISONS
AND DISCLOSURE TO ASSIST IN ADMINISTRATION OF UNEMPLOYMENT COMPENSATION
PROGRAMS-
`(A) IN GENERAL- If a State
agency responsible for the administration of an unemployment compensation
program under Federal or State law transmits to the Secretary the name
and social security account number of an individual, the Secretary shall,
if the information in the National Directory of New Hires indicates that
the individual may be employed, disclose to the State agency the name,
address, and employer identification number of any putative employer of
the individual, subject to this paragraph.
`(B) CONDITION ON DISCLOSURE-
The Secretary shall make a disclosure under subparagraph (A) only to the
extent that the Secretary determines that the disclosure would not interfere
with the effective operation of the program under this part.
`(C) USE OF INFORMATION-
A State agency may use information provided under this paragraph only for
purposes of administering a program referred to in subparagraph (A).'.
(b) EFFECTIVE DATE- The
amendment made by subsection (a) shall take effect on October 1, 2004.
SEC. 307. DECREASE IN AMOUNT
OF CHILD SUPPORT ARREARAGE TRIGGERING PASSPORT DENIAL.
(a) IN GENERAL- Section
452(k)(1) (42 U.S.C. 652(k)(1)) is amended by striking `$5,000' and inserting
`$2,500'.
(b) CONFORMING AMENDMENT-
Section 454(31) (42 U.S.C. 654(31)) is amended by striking `$5,000' and
inserting `$2,500'.
(c) EFFECTIVE DATE- The
amendments made by this section shall take effect on October 1, 2004.
SEC. 308. USE OF TAX REFUND
INTERCEPT PROGRAM TO COLLECT PAST-DUE CHILD SUPPORT ON BEHALF OF CHILDREN
WHO ARE NOT MINORS.
(a) IN GENERAL- Section
464 (42 U.S.C. 664) is amended--
(1) in subsection (a)(2)(A),
by striking `(as that term is defined for purposes of this paragraph under
subsection (c))'; and
(i) by striking `(1) Except
as provided in paragraph (2), as used in' and inserting `In'; and
(ii) by inserting `(whether
or not a minor)' after `a child' each place it appears; and
(B) by striking paragraphs
(2) and (3).
(b) EFFECTIVE DATE- The
amendments made by subsection (a) shall take effect on October 1, 2005.
SEC. 309. GARNISHMENT OF COMPENSATION
PAID TO VETERANS FOR SERVICE-CONNECTED DISABILITIES IN ORDER TO ENFORCE
CHILD SUPPORT OBLIGATIONS.
(a) IN GENERAL- Section
459(h) (42 U.S.C. 659(h)) is amended--
(1) in paragraph (1)(A)(ii)(V),
by striking all that follows `Armed Forces' and inserting a semicolon;
and
(2) by adding at the end
the following:
`(3) LIMITATIONS WITH RESPECT
TO COMPENSATION PAID TO VETERANS FOR SERVICE-CONNECTED DISABILITIES- Notwithstanding
any other provision of this section:
`(A) Compensation described
in paragraph (1)(A)(ii)(V) shall not be subject to withholding pursuant
to this section--
`(i) for payment of alimony;
or
`(ii) for payment of child
support if the individual is fewer than 60 days in arrears in payment of
the support.
`(B) Not more than 50 percent
of any payment of compensation described in paragraph (1)(A)(ii)(V) may
be withheld pursuant to this section.'.
(b) EFFECTIVE DATE- The
amendments made by subsection (a) shall take effect on October 1, 2005.
SEC. 310. IMPROVING FEDERAL
DEBT COLLECTION PRACTICES.
(a) IN GENERAL- Section
3716(h)(3) of title 31, United States Code, is amended to read as follows:
`(3) In applying this subsection
with respect to any debt owed to a State, other than past due support being
enforced by the State, subsection (c)(3)(A) shall not apply. Subsection
(c)(3)(A) shall apply with respect to past due support being enforced by
the State notwithstanding any other provision of law, including sections
207 and 1631(d)(1) of the Social Security Act (42 U.S.C. 407 and 1383(d)(1)),
section 413(b) of Public law 91-173 (30 U.S.C. 923(b)), and section 14
of the Act of August 29, 1935 (45 U.S.C. 231m).'.
(b) EFFECTIVE DATE- The
amendment made by subsection (a) shall take effect on October 1, 2004.
SEC. 311. MAINTENANCE OF TECHNICAL
ASSISTANCE FUNDING.
Section 452(j) (42 U.S.C.
652(j)) is amended by inserting `or the amount appropriated under this
paragraph for fiscal year 2002, whichever is greater,' before `which shall
be available'.
SEC. 312. MAINTENANCE OF FEDERAL
PARENT LOCATOR SERVICE FUNDING.
Section 453(o) (42 U.S.C.
653(o)) is amended--
(1) in the 1st sentence,
by inserting `or the amount appropriated under this paragraph for fiscal
year 2002, whichever is greater,' before `which shall be available'; and
(2) in the 2nd sentence,
by striking `for each of fiscal years 1997 through 2001'.
TITLE IV--CHILD WELFARE
SEC. 401. EXTENSION OF AUTHORITY
TO APPROVE DEMONSTRATION PROJECTS.
Section 1130(a)(2) (42 U.S.C.
1320a-9(a)(2)) is amended by striking `2002' and inserting `2008'.
SEC. 402. ELIMINATION OF LIMITATION
ON NUMBER OF WAIVERS.
Section 1130(a)(2) (42 U.S.C.
1320a-9(a)(2)) is amended by striking `not more than 10'.
SEC. 403. ELIMINATION OF LIMITATION
ON NUMBER OF STATES THAT MAY BE GRANTED WAIVERS TO CONDUCT DEMONSTRATION
PROJECTS ON SAME TOPIC.
Section 1130 (42 U.S.C.
1320a-9) is amended by adding at the end the following:
`(h) NO LIMIT ON NUMBER
OF STATES THAT MAY BE GRANTED WAIVERS TO CONDUCT SAME OR SIMILAR DEMONSTRATION
PROJECTS- The Secretary shall not refuse to grant a waiver to a State under
this section on the grounds that a purpose of the waiver or of the demonstration
project for which the waiver is necessary would be the same as or similar
to a purpose of another waiver or project that is or may be conducted under
this section.'.
SEC. 404. ELIMINATION OF LIMITATION
ON NUMBER OF WAIVERS THAT MAY BE GRANTED TO A SINGLE STATE FOR DEMONSTRATION
PROJECTS.
Section 1130 (42 U.S.C.
1320a-9) is further amended by adding at the end the following:
`(i) NO LIMIT ON NUMBER
OF WAIVERS GRANTED TO, OR DEMONSTRATION PROJECTS THAT MAY BE CONDUCTED
BY, A SINGLE STATE- The Secretary shall not impose any limit on the number
of waivers that may be granted to a State, or the number of demonstration
projects that a State may be authorized to conduct, under this section.'.
SEC. 405. STREAMLINED PROCESS
FOR CONSIDERATION OF AMENDMENTS TO AND EXTENSIONS OF DEMONSTRATION PROJECTS
REQUIRING WAIVERS.
Section 1130 (42 U.S.C.
1320a-9) is further amended by adding at the end the following:
`(j) STREAMLINED PROCESS
FOR CONSIDERATION OF AMENDMENTS AND EXTENSIONS- The Secretary shall develop
a streamlined process for consideration of amendments and extensions proposed
by States to demonstration projects conducted under this section.'.
SEC. 406. AVAILABILITY OF REPORTS.
Section 1130 (42 U.S.C.
1320a-9) is further amended by adding at the end the following:
`(k) AVAILABILITY OF REPORTS-
The Secretary shall make available to any State or other interested party
any report provided to the Secretary under subsection (f)(2), and any evaluation
or report made by the Secretary with respect to a demonstration project
conducted under this section, with a focus on information that may promote
best practices and program improvements.'.
SEC. 407. TECHNICAL CORRECTION.
Section 1130(b)(1) (42 U.S.C.
1320a-9(b)(1)) is amended by striking `422(b)(9)' and inserting `422(b)(10)'.
TITLE V--SUPPLEMENTAL SECURITY
INCOME
SEC. 501. REVIEW OF STATE AGENCY
BLINDNESS AND DISABILITY DETERMINATIONS.
Section 1633 (42 U.S.C.
1383b) is amended by adding at the end the following:
`(e)(1) The Commissioner
of Social Security shall review determinations, made by State agencies
pursuant to subsection (a) in connection with applications for benefits
under this title on the basis of blindness or disability, that individuals
who have attained 18 years of age are blind or disabled as of a specified
onset date. The Commissioner of Social Security shall review such a determination
before any action is taken to implement the determination.
`(2)(A) In carrying out
paragraph (1), the Commissioner of Social Security shall review--
`(i) at least 20 percent
of all determinations referred to in paragraph (1) that are made in fiscal
year 2004;
`(ii) at least 40 percent
of all such determinations that are made in fiscal year 2005; and
`(iii) at least 50 percent
of all such determinations that are made in fiscal year 2006 or thereafter.
`(B) In carrying out subparagraph
(A), the Commissioner of Social Security shall, to the extent feasible,
select for review the determinations which the Commissioner of Social Security
identifies as being the most likely to be incorrect.'.
TITLE VI--STATE AND LOCAL FLEXIBILITY
SEC. 601. PROGRAM COORDINATION
DEMONSTRATION PROJECTS.
(a) PURPOSE- The purpose
of this section is to establish a program of demonstration projects in
a State or portion of a State to coordinate multiple public assistance,
workforce development, and other programs, for the purpose of supporting
working individuals and families, helping families escape welfare dependency,
promoting child well-being, or helping build stronger families, using innovative
approaches to strengthen service systems and provide more coordinated and
effective service delivery.
(b) DEFINITIONS- In this
section:
(1) ADMINISTERING SECRETARY-
The term `administering Secretary' means, with respect to a qualified program,
the head of the Federal agency responsible for administering the program.
(2) QUALIFIED PROGRAM- The
term `qualified program' means--
(A) a program under part
A of title IV of the Social Security Act;
(B) the program under title
XX of such Act;
(C) activities funded under
title I of the Workforce Investment Act of 1998, except subtitle C of such
title;
(D) a demonstration project
authorized under section 505 of the Family Support Act of 1988;
(E) activities funded under
the Wagner-Peyser Act;
(F) activities funded under
the Adult Education and Family Literacy Act;
(G) activities funded under
the Child Care and Development Block Grant Act of 1990;
(H) activities funded under
the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), except
that such term shall not include--
(i) any program for rental
assistance under section 8 of such Act (42 U.S.C. 1437f); and
(ii) the program under section
7 of such Act (42 U.S.C. 1437e) for designating public housing for occupancy
by certain populations;
(I) activities funded under
title I, II, III, or IV of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11301 et seq.); or
(J) the food stamp program
as defined in section 3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h)).
(c) APPLICATION REQUIREMENTS-
The head of a State entity or of a sub-State entity administering 2 or
more qualified programs proposed to be included in a demonstration project
under this section shall (or, if the project is proposed to include qualified
programs administered by 2 or more such entities, the heads of the administering
entities (each of whom shall be considered an applicant for purposes of
this section) shall jointly) submit to the administering Secretary of each
such program an application that contains the following:
(1) PROGRAMS INCLUDED- A
statement identifying each qualified program to be included in the project,
and describing how the purposes of each such program will be achieved by
the project.
(2) POPULATION SERVED- A
statement identifying the population to be served by the project and specifying
the eligibility criteria to be used.
(3) DESCRIPTION AND JUSTIFICATION-
A detailed description of the project, including--
(A) a description of how
the project is expected to improve or enhance achievement of the purposes
of the programs to be included in the project, from the standpoint of quality,
of cost-effectiveness, or of both; and
(B) a description of the
performance objectives for the project, including any proposed modifications
to the performance measures and reporting requirements used in the programs.
(4) WAIVERS REQUESTED- A
description of the statutory and regulatory requirements with respect to
which a waiver is requested in order to carry out the project, and a justification
of the need for each such waiver.
(5) COST NEUTRALITY- Such
information and assurances as necessary to establish to the satisfaction
of the administering Secretary, in consultation with the Director of the
Office of Management and
Budget, that the proposed project
is reasonably expected to meet the applicable cost neutrality requirements
of subsection (d)(4).
(6) EVALUATION AND REPORTS-
An assurance that the applicant will conduct ongoing and final evaluations
of the project, and make interim and final reports to the administering
Secretary, at such times and in such manner as the administering Secretary
may require.
(7) PUBLIC HOUSING AGENCY
PLAN- In the case of an application proposing a demonstration project that
includes activities referred to in subsection (b)(2)(H) of this section--
(A) a certification that
the applicable annual public housing agency plan of any agency affected
by the project that is approved under section 5A of the United States Housing
Act of 1937 (42 U.S.C. 1437c-1) by the Secretary includes the information
specified in paragraphs (1) through (4) of this subsection; and
(B) any resident advisory
board recommendations, and other information, relating to the project that,
pursuant to section 5A(e)(2) of the United States Housing Act of 1937 (42
U.S.C. 1437c-1(e)(2), is required to be included in the public housing
agency plan of any public housing agency affected by the project.
(8) OTHER INFORMATION AND
ASSURANCES- Such other information and assurances as the administering
Secretary may require.
(d) APPROVAL OF APPLICATIONS-
(1) IN GENERAL- The administering
Secretary with respect to a qualified program that is identified in an
application submitted pursuant to subsection (c) may approve the application
and, except as provided in paragraph (2), waive any requirement applicable
to the program, to the extent consistent with this section and necessary
and appropriate for the conduct of the demonstration project proposed in
the application, if the administering Secretary determines that the project--
(A) has a reasonable likelihood
of achieving the objectives of the programs to be included in the project;
(B) may reasonably be expected
to meet the applicable cost neutrality requirements of paragraph (4), as
determined by the Director of the Office of Management and Budget; and
(C) includes the coordination
of 2 or more qualified programs.
(2) PROVISIONS EXCLUDED
FROM WAIVER AUTHORITY- A waiver shall not be granted under paragraph (1)--
(A) with respect to any
provision of law relating to--
(i) civil rights or prohibition
of discrimination;
(ii) purposes or goals of
any program;
(iii) maintenance of effort
requirements;
(v) labor standards under
the Fair Labor Standards Act of 1938; or
(vi) environmental protection;
(B) with respect to section
241(a) of the Adult Education and Family Literacy Act;
(C) in the case of a program
under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), with
respect to any requirement under section 5A of such Act (42 U.S.C. 1437c-1;
relating to public housing agency plans and resident advisory boards);
(D) in the case of a program
under the Workforce Investment Act, with respect to any requirement the
waiver of which would violate section 189(i)(4)(A)(i) of such Act;
(E) in the case of the food
stamp program (as defined in section 3(h) of the Food Stamp Act of 1977
(7 U.S.C. 2012(h)), with respect to any requirement under--
(i) section 6 (if waiving
a requirement under such section would have the effect of expanding eligibility
for the program), 7(b) or 16(c) of the Food Stamp Act of 1977 (7 U.S.C.
2011 et seq.); or
(ii) title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1601 et seq.);
(F) with respect to any
requirement that a State pass through to a sub-State entity part or all
of an amount paid to the State;
(G) if the waiver would
waive any funding restriction or limitation provided in an appropriations
Act, or would have the effect of transferring appropriated funds from 1
appropriations account to another; or
(H) except as otherwise
provided by statute, if the waiver would waive any funding restriction
applicable to a program authorized under an Act which is not an appropriations
Act (but not including program requirements such as application procedures,
performance standards, reporting requirements, or eligibility standards),
or would have the effect of transferring funds from a program for which
there is direct spending (as defined in section 250(c)(8) of the Balanced
Budget and Emergency Deficit Control Act of 1985) to another program.
(3) AGREEMENT OF EACH ADMINISTERING
SECRETARY REQUIRED-
(A) IN GENERAL- An applicant
may not conduct a demonstration project under this section unless each
administering Secretary with respect to any program proposed to be included
in the project has approved the application to conduct the project.
(B) AGREEMENT WITH RESPECT
TO FUNDING AND IMPLEMENTATION- Before approving an application to conduct
a demonstration project under this section, an administering Secretary
shall have in place an agreement with the applicant with respect to the
payment of funds and responsibilities required of the administering Secretary
with respect to the project.
(4) COST-NEUTRALITY REQUIREMENT-
(A) GENERAL RULE- Notwithstanding
any other provision of law (except subparagraph (B)), the total of the
amounts that may be paid by the Federal Government for a fiscal year with
respect to the programs in the State in which an entity conducting a demonstration
project under this section is located that are affected by the project
shall not exceed the estimated total amount that the Federal Government
would have paid for the fiscal year with respect to the programs if the
project had not been conducted, as determined by the Director of the Office
of Management and Budget.
(B) SPECIAL RULE- If an
applicant submits to the Director of the Office of Management and Budget
a request to apply the rules of this subparagraph to the programs in the
State in which the applicant is located that are affected by a demonstration
project proposed in an application submitted by the applicant pursuant
to this section, during such period of not more than 5 consecutive fiscal
years in which the project is in effect, and the Director determines, on
the basis of supporting information provided by the applicant, to grant
the request, then, notwithstanding any other provision of law, the total
of the amounts that may be paid by the Federal Government for the period
with respect to the programs shall not exceed the estimated total amount
that the Federal Government would have paid for the period with respect
to the programs if the project had not been conducted.
(5) 90-DAY APPROVAL DEADLINE-
(A) IN GENERAL- If an administering
Secretary receives an application to conduct a demonstration project under
this section and does not disapprove the application within 90 days after
the receipt, then--
(i) the administering Secretary
is deemed to have approved the application for such period as is requested
in the application, except to the extent inconsistent with subsection (e);
and
(ii) any waiver requested
in the application which applies to a qualified program that is identified
in the application and is administered by the administering Secretary is
deemed to be granted, except to the extent inconsistent with paragraph
(2) or (4) of this subsection.
(B) DEADLINE EXTENDED IF
ADDITIONAL INFORMATION IS SOUGHT- The 90-day period referred to in subparagraph
(A) shall not include any period that begins with the date the Secretary
requests the applicant to provide additional information with respect to
the application and ends with the date the additional information is provided.
(e) DURATION OF PROJECTS-
A demonstration project under this section may be approved for a term of
not more than 5 years.
(1) REPORT ON DISPOSITION
OF APPLICATIONS- Within 90 days after an administering Secretary receives
an application submitted pursuant to this section, the administering Secretary
shall submit to each Committee of the Congress which has jurisdiction over
a qualified program identified in
the application notice of the
receipt, a description of the decision of the administering Secretary with
respect to the application, and the reasons for approving or disapproving
the application.
(2) REPORTS ON PROJECTS-
Each administering Secretary shall provide annually to the Congress a report
concerning demonstration projects approved under this section, including--
(A) the projects approved
for each applicant;
(B) the number of waivers
granted under this section, and the specific statutory provisions waived;
(C) how well each project
for which a waiver is granted is improving or enhancing program achievement
from the standpoint of quality, cost-effectiveness, or both;
(D) how well each project
for which a waiver is granted is meeting the performance objectives specified
in subsection (c)(3)(B);
(E) how each project for
which a waiver is granted is conforming with the cost-neutrality requirements
of subsection (d)(4); and
(F) to the extent the administering
Secretary deems appropriate, recommendations for modification of programs
based on outcomes of the projects.
(g) AMENDMENT TO UNITED
STATES HOUSING ACT OF 1937- Section 5A(d) of the United States Housing
Act of 1937 (42 U.S.C. 1437c-1(d)) is amended--
(1) by redesignating paragraph
(18) as paragraph (19); and
(2) by inserting after paragraph
(17) the following new paragraph:
`(18) PROGRAM COORDINATION
DEMONSTRATION PROJECTS- In the case of an agency that administers an activity
referred to in section 701(b)(2)(H) of the Personal Responsibility, Work,
and Family Promotion Act of 2003 that, during such fiscal year, will be
included in a demonstration project under section 701 of such Act, the
information that is required to be included in the application for the
project pursuant to paragraphs (1) through (4) of section 701(b) of such
Act.'.
SEC. 602. STATE FOOD ASSISTANCE
BLOCK GRANT DEMONSTRATION PROJECT.
The Food Stamp Act of 1977
(7 U.S.C. 2011 et seq.) is amended by adding at the end the following:
`SEC. 28. STATE FOOD ASSISTANCE
BLOCK GRANT DEMONSTRATION PROJECT.
`(a) ESTABLISHMENT- The
Secretary shall establish a program to make grants to States in accordance
with this section to provide--
`(1) food assistance to
needy individuals and families residing in the State;
`(2) funds to operate an
employment and training program under subsection (g) for needy individuals
under the program; and
`(3) funds for administrative
costs incurred in providing the assistance.
`(1) IN GENERAL- A State
may elect to participate in the program established under subsection (a).
`(2) ELECTION REVOCABLE-
A State that elects to participate in the program established under subsection
(a) may subsequently reverse the election of the State only once thereafter.
Following the reversal, the State shall only be eligible to participate
in the food stamp program in accordance with the other sections of this
Act and shall not receive a block grant under this section.
`(3) PROGRAM EXCLUSIVE-
A State that is participating in the program established under subsection
(a) shall not be subject to, or receive any benefit under, this Act except
as provided in this section.
`(1) DESIGNATION- A State
desiring to participate in the program established under subsection (a)
shall designate, in an application submitted to the Secretary under subsection
(d)(1), an appropriate State agency that complies with paragraph (2) to
act as the lead agency for the State.
`(2) DUTIES- The lead agency
shall--
`(A) administer, either
directly, through other State agencies, or through local agencies, the
assistance received under this section by the State;
`(B) develop the State plan
to be submitted to the Secretary under subsection (d)(1); and
`(C) coordinate the provision
of food assistance under this section with other Federal, State, and local
programs.
`(d) APPLICATION AND PLAN-
`(1) APPLICATION- To be
eligible to receive assistance under this section, a State shall prepare
and submit to the Secretary an application at such
time, in such manner, and containing
such information as the Secretary shall by regulation require, including--
`(A) an assurance that the
State will comply with the requirements of this section;
`(B) a State plan that meets
the requirements of paragraph (2); and
`(C) an assurance that the
State will comply with the requirements of the State plan under paragraph
(2).
`(2) REQUIREMENTS OF PLAN-
`(A) LEAD AGENCY- The State
plan shall identify the lead agency.
`(B) USE OF BLOCK GRANT
FUNDS- The State plan shall provide that the State shall use the amounts
provided to the State for each fiscal year under this section--
`(i) to provide food assistance
to needy individuals and families residing in the State, other than residents
of institutions who are ineligible for food stamps under section 3(i);
`(ii) to administer an employment
and training program under subsection (g) for needy individuals under the
program and to provide reimbursements to needy individuals and families
as would be allowed under section 16(h)(3); and
`(iii) to pay administrative
costs incurred in providing the assistance.
`(C) ASSISTANCE FOR ENTIRE
STATE- The State plan shall provide that benefits under this section shall
be available throughout the entire State.
`(D) NOTICE AND HEARINGS-
The State plan shall provide that an individual or family who applies for,
or receives, assistance under this section shall be provided with notice
of, and an opportunity for a hearing on, any action under this section
that adversely affects the individual or family.
`(i) COORDINATION- The State
plan may coordinate assistance received under this section with assistance
provided under the State program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.).
`(ii) PENALTIES- If an individual
or family is penalized for violating part A of title IV of the Act, the
State plan may reduce the amount of assistance provided under this section
or otherwise penalize the individual or family.
`(F) ELIGIBILITY LIMITATIONS-
The State plan shall describe the income and resource eligibility limitations
that are established for the receipt of assistance under this section.
`(G) RECEIVING BENEFITS
IN MORE THAN 1 JURISDICTION- The State plan shall establish a system to
verify and otherwise ensure that no individual or family shall receive
benefits under this section in more than 1 jurisdiction within the State.
`(H) PRIVACY- The State
plan shall provide for safeguarding and restricting the use and disclosure
of information about any individual or family receiving assistance under
this section.
`(I) OTHER INFORMATION-
The State plan shall contain such other information as may be required
by the Secretary.
`(3) APPROVAL OF APPLICATION
AND PLAN- During fiscal years 2004 through 2008, the Secretary may approve
the applications and State plans that satisfy the requirements of this
section of not more than 5 States for a term of not more than 5 years.
`(e) CONSTRUCTION OF FACILITIES-
No funds made available under this section shall be expended for the purchase
or improvement of land, or for the purchase, construction, or permanent
improvement of any building or facility.
`(f) BENEFITS FOR ALIENS-
No individual shall be eligible to receive benefits under a State plan
approved under subsection (d)(3) if the individual is not eligible to participate
in the food stamp program under title IV of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 et seq.).
`(g) EMPLOYMENT AND TRAINING-
Each State shall implement an employment and training program for needy
individuals under the program.
`(1) REVIEW OF COMPLIANCE
WITH STATE PLAN- The Secretary shall review and monitor State compliance
with this section and the State plan approved under subsection (d)(3).
`(A) IN GENERAL- If the
Secretary, after reasonable notice to a State and opportunity for a hearing,
finds that--
`(i) there has been a failure
by the State to comply substantially with any provision or requirement
set forth in the State plan approved under subsection (d)(3); or
`(ii) in the operation of
any program or activity for which assistance is provided under this section,
there is a failure by the State to comply substantially with any provision
of this section, the Secretary shall notify the State of the finding and
that no further payments will be made to the State under this section (or,
in the case of noncompliance in the operation of a program or activity,
that no further payments to the State will be made with respect to the
program or activity) until the Secretary is satisfied that there is no
longer any failure to comply or that the noncompliance will be promptly
corrected.
`(B) OTHER SANCTIONS- In
the case of a finding of noncompliance made pursuant to subparagraph (A),
the Secretary may, in addition to, or in lieu of, imposing the sanctions
described in subparagraph (A), impose other appropriate sanctions, including
recoupment of money improperly expended for purposes prohibited or not
authorized by this section and disqualification from the receipt of financial
assistance under this section.
`(C) NOTICE- The notice
required under subparagraph (A) shall include a specific identification
of any additional sanction being imposed under subparagraph (B).
`(3) ISSUANCE OF REGULATIONS-
The Secretary shall establish by regulation procedures for--
`(A) receiving, processing,
and determining the validity of complaints concerning any failure of a
State to comply with the State plan or any requirement of this section;
and
`(B) imposing sanctions
under this section.
`(1) IN GENERAL- For each
fiscal year, the Secretary shall pay to a State that has an application
approved by the Secretary under subsection (d)(3) an amount that is equal
to the allotment of the State under subsection (l)(2) for the fiscal year.
`(2) METHOD OF PAYMENT-
The Secretary shall make payments to a State for a fiscal year under this
section by issuing 1 or more letters of credit for the fiscal year, with
necessary adjustments on account of overpayments or underpayments, as determined
by the Secretary.
`(3) SPENDING OF FUNDS BY
STATE-
`(A) IN GENERAL- Except
as provided in subparagraph (B), payments to a State from an allotment
under subsection (l)(2) for a fiscal year may be expended by the State
only in the fiscal year.
`(B) CARRYOVER- The State
may reserve up to 10 percent of an allotment under subsection (l)(2) for
a fiscal year to provide assistance under this section in subsequent fiscal
years, except that the reserved funds may not exceed 30 percent of the
total allotment received under this section for a fiscal year.
`(4) PROVISION OF FOOD ASSISTANCE-
A State may provide food assistance under this section in any manner determined
appropriate by the State to provide food assistance to needy individuals
and families in the State, such as electronic benefits transfer limited
to food purchases, coupons limited to food purchases, or direct provision
of commodities.
`(5) DEFINITION OF FOOD
ASSISTANCE- In this section, the term `food assistance' means assistance
that may be used only to obtain food, as defined in section 3(g).
`(1) REQUIREMENT- After
the close of each fiscal year, a State shall arrange for an audit of the
expenditures of the State during the program period from amounts received
under this section.
`(2) INDEPENDENT AUDITOR-
An audit under this section shall be conducted by an entity that is independent
of any agency administering activities that receive assistance under this
section and be in accordance with generally accepted auditing principles.
`(3) PAYMENT ACCURACY- Each
annual audit under this section shall include an audit of payment accuracy
under this section that shall be based on a statistically valid sample
of the caseload in the State.
`(4) SUBMISSION- Not later
than 30 days after the completion of an audit under this section,
the State shall submit a copy
of the audit to the legislature of the State and to the Secretary.
`(5) REPAYMENT OF AMOUNTS-
Each State shall repay to the United States any amounts determined through
an audit under this section to have not been expended in accordance with
this section or to have not been expended in accordance with the State
plan, or the Secretary may offset the amounts against any other amount
paid to the State under this section.
`(1) IN GENERAL- The Secretary
shall not provide financial assistance for any program, project, or activity
under this section if any person with responsibilities for the operation
of the program, project, or activity discriminates with respect to the
program, project, or activity because of race, religion, color, national
origin, sex, or disability.
`(2) ENFORCEMENT- The powers,
remedies, and procedures set forth in title VI of the Civil Rights Act
of 1964 (42 U.S.C. 2000d et seq.) may be used by the Secretary to enforce
paragraph (1).
`(1) DEFINITION OF STATE-
In this section, the term 'State' means each of the 50 States, the District
of Columbia, Guam, and the Virgin Islands of the United States.
`(A) IN GENERAL- Except
as provided in subparagraph (B), from the amounts made available under
section 18 of this Act for each fiscal year, the Secretary shall allot
to each State participating in the program established under subsection
(a) an amount that is equal to the sum of--
`(i) the greater of, as
determined by the Secretary--
`(I) the total dollar value
of all benefits issued under the food stamp program established under this
Act by the State during fiscal year 2003; or
`(II) the average per fiscal
year of the total dollar value of all benefits issued under the food stamp
program by the State during each of fiscal years 2001 through 2003; and
`(ii) the greater of, as
determined by the Secretary--
`(I) the total amount received
by the State for administrative costs and the employment and training program
under subsections (a) and (h), respectively, of section 16 of this Act
for fiscal year 2003; or
`(II) the average per fiscal
year of the total amount received by the State for administrative costs
and the employment and training program under subsections (a) and (h),
respectively, of section 16 of this Act for each of fiscal years 2001 through
2003.
`(B) INSUFFICIENT FUNDS-
If the Secretary finds that the total amount of allotments to which States
would otherwise be entitled for a fiscal year under subparagraph (A) will
exceed the amount of funds that will be made available to provide the allotments
for the fiscal year, the Secretary shall reduce the allotments made to
States under this subsection, on a pro rata basis, to the extent necessary
to allot under this subsection a total amount that is equal to the funds
that will be made available.'.
TITLE VII--ABSTINENCE EDUCATION
SEC. 701. EXTENSION OF ABSTINENCE
EDUCATION PROGRAM.
(a) EXTENSION OF APPROPRIATIONS-
Section 510(d) (42 U.S.C. 710(d)) is amended by striking `2002' and inserting
`2008'.
(b) ALLOTMENT OF FUNDS-
Section 510(a) (42 U.S.C. 710(a)) is amended--
(1) in the matter preceding
paragraph (1), by striking `an application for the fiscal year under section
505(a)' and inserting `, for the fiscal year, an application under section
505(a), and an application under this section (in such form and meeting
such terms and conditions as determined appropriate by the Secretary),';
and
(2) in paragraph (2), to
read as follows:
`(2) the percentage that
would be determined for the State under section 502(c)(1)(B)(ii) if the
calculation under such section took into consideration only those States
that transmitted both such applications for such fiscal year.'.
(c) REALLOTMENT OF FUNDS-
Section 510 (42 U.S.C. 710(a)) is amended by adding at the end the following
new subsection:
`(e)(1) With respect to
allotments under subsection (a) for fiscal year 2004 and subsequent fiscal
years, the amount of any allotment to a State for a fiscal year that the
Secretary determines will not be required to carry out a program under
this section during such fiscal year or the succeeding fiscal year shall
be available for reallotment from time to time during such fiscal years
on such dates as the Secretary may fix, to other States that the Secretary
determines--
`(A) require amounts in
excess of amounts previously allotted under subsection (a) to carry out
a program under this section; and
`(B) will use such excess
amounts during such fiscal years.
`(2) Reallotments under
paragraph (1) shall be made on the basis of such States' applications under
this section, after taking into consideration the population of low-income
children in each such State as compared with the population of low-income
children in all such States with respect to which a determination under
paragraph (1) has been made by the Secretary.
`(3) Any amount reallotted
under paragraph (1) to a State is deemed to be part of its allotment under
subsection (a).'.
(d) EFFECTIVE DATE- The
amendments made by this section shall be effective with respect to the
program under section 510 for fiscal years 2004 and succeeding fiscal years.
TITLE VIII--TRANSITIONAL MEDICAL
ASSISTANCE
SEC. 801. EXTENSION OF MEDICAID
TRANSITIONAL MEDICAL ASSISTANCE PROGRAM THROUGH FISCAL YEAR 2004.
(a) IN GENERAL- Section
1925(f) (42 U.S.C. 1396r-6(f)) is amended by striking `2002' and inserting
`2004'.
(b) CONFORMING AMENDMENT-
Section 1902(e)(1)(B) (42 U.S.C. 1396a(e)(1)(B)) is amended by striking
`September 30, 2002' and inserting `the last date (if any) on which section
1925 applies under subsection (f) of that section'.
(c) EFFECTIVE DATE- The
amendments made by this section shall take effect October 1, 2003.
SEC. 802. ADJUSTMENT TO PAYMENTS
FOR MEDICAID ADMINISTRATIVE COSTS TO PREVENT DUPLICATIVE PAYMENTS AND TO
FUND EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE.
Section 1903 (42 U.S.C.
1396b) is amended--
(1) in subsection (a)(7),
by striking `section 1919(g)(3)(B)' and inserting `subsection (x) and section
1919(g)(3)(C)'; and
(2) by adding at the end
the following:
`(x) ADJUSTMENTS TO PAYMENTS
FOR ADMINISTRATIVE COSTS TO FUND EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE-
`(1) REDUCTIONS IN PAYMENTS
FOR ADMINISTRATIVE COSTS- Effective for each calendar quarter in fiscal
year 2004 and fiscal year 2005, the Secretary shall reduce the amount paid
under subsection (a)(7) to each State by an amount equal to 45 percent
for fiscal year 2004, and 80 percent for fiscal year 2005, of one-quarter
of the annualized amount determined for the medicaid program under section
16(k)(2)(B) of the Food Stamp Act of 1977 (7 U.S.C. 2025(k)(2)(B)).
`(2) ALLOCATION OF ADMINISTRATIVE
COSTS- None of the funds or expenditures described in section 16(k)(5)(B)
of the Food Stamp Act of 1977 (7 U.S.C. 2025(k)(5)(B)) may be used to pay
for costs--
`(A) eligible for reimbursement
under subsection (a)(7) (or costs that would have been eligible for reimbursement
but for this subsection); and
`(B) allocated for reimbursement
to the program under this title under a plan submitted by a State to the
Secretary to allocate administrative costs for public assistance programs;
except that, for purposes
of subparagraph (A), the reference in clause (iii) of that section to `subsection
(a)' is deemed a reference to subsection (a)(7) and clause (iv)(II) of
that section shall be applied as if `medicaid program' were substituted
for `food stamp program'.'.
TITLE IX--EFFECTIVE DATE
SEC. 901. EFFECTIVE DATE.
(a) IN GENERAL- Except as
otherwise provided, the amendments made by this Act shall take effect on
the date of the enactment of this Act.
(b) EXCEPTION- In the case
of a State plan under part A or D of title IV of the Social Security Act
which the Secretary determines requires State legislation in order for
the plan to meet the additional requirements imposed by the amendments
made by this Act, the effective date of the amendments imposing the additional
requirements shall be 3 months after the first day of the first calendar
quarter beginning after the close of the first regular session of the State
legislature that begins after the date of the enactment of this Act. For
purposes of the preceding sentence, in the case of a State that has a 2-year
legislative session, each year of the session shall be considered to be
a separate regular session of the State legislature.
END
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