II 

109TH CONGRESS 

1ST SESSION S. 105 

To reauthorize and improve the program of block grants to States for temporary assistance for needy families, improve access to quality child 

care, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2005 

Mr. TALENT (for himself, Mr. SESSIONS, and Mr. DEMINT) introduced the 

following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To reauthorize and improve the program of block grants 

to States for temporary assistance for needy families, 

improve access to quality child care, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Personal Responsi5 bility, Work, and Family Promotion Act of 2005’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 
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Sec. 4. Findings. 

TITLE I—TANF 

Sec. 101. Purposes. 

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. 107. Use of funds. 

Sec. 108. Repeal of Federal loan for State welfare programs. 

Sec. 109. Universal engagement and family self-sufficiency plan requirements. 

Sec. 110. Work participation requirements. 

Sec. 111. Maintenance of effort. 

Sec. 112. Performance improvement. 

Sec. 113. Data collection and reporting. 

Sec. 114. Direct funding and administration by Indian tribes. 

Sec. 115. Research, evaluations, and national studies. 

Sec. 116. Studies by the Census Bureau and the Government Accountability 

Office. 

Sec. 117. Definition of assistance. 

Sec. 118. Technical corrections. 

Sec. 119. Fatherhood program. 

Sec. 120. State option to make TANF programs mandatory partners with onestop employment training centers. 

Sec. 121. Sense of the Congress. 

Sec. 122. Extension through fiscal year 2005. 

TITLE II—CHILD CARE 

Sec. 201. Short title. 

Sec. 202. Goals. 

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. 207. Definitions. 

Sec. 208. Entitlement funding. 

TITLE III—CHILD SUPPORT 

Sec. 301. Federal matching funds for limited pass through of child support 

payments to families receiving TANF. 

Sec. 302. State option to pass through all child support payments to families 

that formerly received TANF. 

Sec. 303. Mandatory review and adjustment of child support orders for families 

receiving TANF. 

Sec. 304. Mandatory fee for successful child support collection for family that 

has never received TANF. 

Sec. 305. Report on undistributed child support payments. 

Sec. 306. Decrease in amount of child support arrearage triggering passport 

denial. 

Sec. 307. Use of tax refund intercept program to collect past-due child support 

on behalf of children who are not minors. 
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Sec. 308. Garnishment of compensation paid to veterans for service-connected 

disabilities in order to enforce child support obligations. 

Sec. 309. Improving Federal debt collection practices. 

Sec. 310. Maintenance of technical assistance funding. 

Sec. 311. Maintenance of Federal Parent Locator Service funding. 

TITLE IV—CHILD WELFARE 

Sec. 401. Extension of authority to approve demonstration projects. 

Sec. 402. Elimination of limitation on number of waivers. 

Sec. 403. Elimination of limitation on number of States that may be granted 

waivers to conduct demonstration projects on same topic. 

Sec. 404. Elimination of limitation on number of waivers that may be granted 

to a single State for demonstration projects. 

Sec. 405. Streamlined process for consideration of amendments to and extensions of demonstration projects requiring waivers. 

Sec. 406. Availability of reports. 

Sec. 407. Technical correction. 

TITLE V—SUPPLEMENTAL SECURITY INCOME 

Sec. 501. Review of State agency blindness and disability determinations. 

TITLE VI—STATE AND LOCAL FLEXIBILITY 

Sec. 601. Program coordination demonstration projects. 

Sec. 602. State food assistance block grant demonstration project. 

TITLE VII—ABSTINENCE EDUCATION 

Sec. 701. Extension of abstinence education program. 

TITLE VIII—TRANSITIONAL MEDICAL ASSISTANCE 

Sec. 801. Extension of medicaid transitional medical assistance program 

through fiscal year 2006. 

Sec. 802. Adjustment to payments for medicaid administrative costs to prevent 

duplicative payments and to fund extension of transitional 

medical assistance. 

TITLE IX—EFFECTIVE DATE 

Sec. 901. Effective date. 

1 SEC. 3. REFERENCES. 

2 Except as otherwise expressly provided, wherever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the amendment or repeal shall be considered to be 

6 made to a section or other provision of the Social Security 

7 Act. 
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1 SEC. 4. FINDINGS. 

2 The Congress makes the following findings: 

3 (1) The Temporary Assistance for Needy Fami4 lies (TANF) Program established by the Personal 

5 Responsibility and Work Opportunity Reconciliation 

6 Act of 1996 (Public Law 104–193) has succeeded in 

7 moving families from welfare to work and reducing 

8 child poverty. 

9 (A) There has been a dramatic increase in 

10 the employment of current and former welfare 

11 recipients. The percentage of working recipients 

12 reached an all-time high in fiscal year 1999 and 

13 continued steady in fiscal years 2000 and 2001. 

14 In fiscal year 2003, 31.3 percent of adult re15 cipients were counted as meeting the work par16 ticipation requirements. All States but one met 

17 the overall participation rate standard in fiscal 

18 year 2003, as did the District of Columbia and 

19 Puerto Rico. 

20 (B) Earnings for welfare recipients re21 maining on the rolls have also increased signifi22 cantly, as have earnings for female-headed 

23 households. The increases have been particu24 larly large for the bottom 2 income quintiles, 

25 that is, those women who are most likely to be 

26 former or present welfare recipients. 
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1 (C) Welfare dependency has plummeted. 

2 As of June 2004, 1,969,909 families and 

3 4,727,291 individuals were receiving assistance. 

4 Accordingly, the number of families in the wel5 fare caseload and the number of individuals re6 ceiving cash assistance declined 55 percent and 

7 61 percent, respectively, since the enactment of 

8 TANF. 

9 (D) The child poverty rate continued to de10 cline between 1996 and 2003, falling 14 percent 

11 from 20.5 to 17.6 percent. Child poverty rates 

12 for African-American and Hispanic children 

13 have also fallen dramatically during the past 7 

14 years. 

15 (2) As a Nation, we have made substantial 

16 progress in reducing teen pregnancies and births, 

17 slowing increases in nonmarital childbearing, and 

18 improving child support collections and paternity es19 tablishment. 

20 (A) The birth rate to teenagers declined 30 

21 percent from its high in 1991 to 2002. The 

22 2002 teenage birth rate of 43.0 per 1,000 

23 women aged 15–19 is the lowest recorded birth 

24 rate for teenagers. 
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1 (B) During the period from 1991 through 

2 2001, teenage birth rates fell in all States and 

3 the District of Columbia, Puerto Rico, Guam, 

4 and the Virgin Islands. Declines also have 

5 spanned age, racial, and ethnic groups. There 

6 has been success in lowering the birth rate for 

7 both younger and older teens. The birth rate 

8 for those 15–17 years of age has declined 40 

9 percent since 1991, and the rate for those 18 

10 and 19 has declined 23 percent. The rate for 

11 African American teens—until recently the 

12 highest—has declined the most—42 percent 

13 from 1991 through 2002. 

14 (C) Since the enactment of the Personal 

15 Responsibility and Work Opportunity Reconcili16 ation Act of 1996, child support collections 

17 within the child support enforcement system 

18 have grown every year, increasing from 

19 $12,000,000,000 in fiscal year 1996 to over 

20 $21,000,000,000 in fiscal year 2003. The num21 ber of paternities established or acknowledged 

22 in fiscal year 2003 (over 1,500,000) includes a 

23 more than 100 percent increase through in-hos24 pital acknowledgement programs—862,043 in 

25 2003 compared to 324,652 in 1996. Child sup-
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1 port collections were made in nearly 8,000,000 

2 cases in fiscal year 2003, significantly more 

3 than the almost 4,000,000 cases having a col4 lection in 1996. 

5 (3) The Personal Responsibility and Work Op6 portunity Reconciliation Act of 1996 gave States 

7 great flexibility in the use of Federal funds to de8 velop innovative programs to help families leave wel9 fare and begin employment and to encourage the 

10 formation of 2-parent families. 

11 (A) Total Federal and State TANF ex12 penditures in fiscal year 2003 were 

13 $26,300,000,000, up from $25,400,000,000 in 

14 fiscal year 2002 and $22,600,000,000 in fiscal 

15 year 1999. This increased spending is attrib16 utable to significant new investments in sup17 portive services in the TANF program, such as 

18 child care and activities to support work. 

19 (B) Since the welfare reform effort began 

20 there has been a dramatic increase in work par21 ticipation (including employment, community 

22 service, and work experience) among welfare re23 cipients, as well as an unprecedented reduction 

24 in the caseload because recipients have left wel25 fare for work. 
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1 (C) States are making policy choices and 

2 investment decisions best suited to the needs of 

3 their citizens. 

4 (i) To expand aid to working families, 

5 almost all States disregard a portion of a 

6 family’s earned income when determining 

7 benefit levels. 

8 (ii) Most States increased the limits 

9 on countable assets above the former Aid 

10 to Families with Dependent Children 

11 (AFDC) program. Every State has in12 creased the vehicle asset level above the 

13 prior AFDC limit for a family’s primary 

14 automobile. 

15 (iii) States are experimenting with 

16 programs to promote marriage and pater17 nal involvement. Over half of the States 

18 have eliminated restrictions on 2-parent 

19 families. Many States use TANF, child 

20 support, or State funds to support commu21 nity-based activities to help fathers become 

22 more involved in their children’s lives or 

23 strengthen relationships between mothers 

24 and fathers. 
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1 (4) However, despite this success, there is still 

2 progress to be made. Policies that support and pro3 mote more work, strengthen families, and enhance 

4 State flexibility are necessary to continue to build on 

5 the success of welfare reform. 

6 (A) Significant numbers of welfare recipi7 ents still are not engaged in employment-related 

8 activities. While all States have met the overall 

9 work participation rates required by law, in an 

10 average month, only 41 percent of all families 

11 with an adult participated in work activities 

12 that were countable toward the State’s partici13 pation rate. In fiscal year 2003, four jurisdic14 tions failed to meet the more rigorous 2-parent 

15 work requirements, and 25 jurisdictions (States 

16 and territories) are not subject to the 2-parent 

17 requirements, most because they moved their 2- 

18 parent cases to separate State programs where 

19 they are not subject to a penalty for failing the 

20 2-parent rates. 

21 (B) In 2002, 34 percent of all births in the 

22 U.S. were to unmarried women. And, with 

23 fewer teens entering marriage, the proportion of 

24 births to unmarried teens has increased dra25 matically (80 percent in 2002 versus 30 percent 
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1 in 1970). The negative consequences of out-of2 wedlock birth on the mother, the child, the fam3 ily, and society are well documented. These in4 clude increased likelihood of welfare depend5 ency, increased risks of low birth weight, poor 

6 cognitive development, child abuse and neglect, 

7 and teen parenthood, and decreased likelihood 

8 of having an intact marriage during adulthood. 

9 (C) There has been a dramatic rise in co10 habitation as marriages have declined. It is esti11 mated that 40 percent of children are expected 

12 to live in a cohabiting-parent family at some 

13 point during their childhood. Children in single14 parent households and cohabiting-parent house15 holds are at much higher risk of child abuse 

16 than children in intact married families. 

17 (D) Children who live apart from their bio18 logical fathers, on average, are more likely to be 

19 poor, experience educational, health, emotional, 

20 and psychological problems, be victims of child 

21 abuse, engage in criminal behavior, and become 

22 involved with the juvenile justice system than 

23 their peers who live with their married, biologi24 cal mother and father. A child living with a sin25 gle mother is nearly 5 times as likely to be poor 
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1 as a child living in a married-couple family. In 

2 2003, in married-couple families, the child pov3 erty rate was 8.6 percent, and in households 

4 headed by a single mother the poverty rate was 

5 41.7 percent. 

6 (5) Therefore, it is the sense of the Congress 

7 that increasing success in moving families from wel8 fare to work, as well as in promoting healthy mar9 riage and other means of improving child well-being, 

10 are very important Government interests and the 

11 policy contained in part A of title IV of the Social 

12 Security Act (as amended by this Act) is intended 

13 to serve those ends. 

14 TITLE I—TANF 

15 SEC. 101. PURPOSES. 

16 Section 401(a) (42 U.S.C. 601(a)) is amended— 

17 (1) in the matter preceding paragraph (1), by 

18 striking ‘‘increase’’ and inserting ‘‘improve child 

19 well-being by increasing’’; 

20 (2) in paragraph (1), by inserting ‘‘and serv21 ices’’ after ‘‘assistance’’; 

22 (3) in paragraph (2), by striking ‘‘parents on 

23 government benefits’’ and inserting ‘‘families on gov24 ernment benefits and reduce poverty’’; and 
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1 (4) in paragraph (4), by striking ‘‘two-parent 

2 families’’ and inserting ‘‘healthy, 2-parent married 

3 families, and encourage responsible fatherhood’’. 

4 SEC. 102. FAMILY ASSISTANCE GRANTS. 

5 (a) EXTENSION OF AUTHORITY.—Section 

6 403(a)(1)(A) (42 U.S.C. 603(a)(1)(A)) is amended— 

7 (1) by striking ‘‘1996, 1997, 1998, 1999, 2000, 

8 2001, 2002, and 2003’’ and inserting ‘‘2006 

9 through 2010’’; and 

10 (2) by inserting ‘‘payable to the State for the 

11 fiscal year’’ before the period. 

12 (b) STATE FAMILY ASSISTANCE GRANT.—Section 

13 403(a)(1)(C) (42 U.S.C. 603(a)(1)(C)) is amended by 

14 striking ‘‘fiscal year 2003’’ and inserting ‘‘each of fiscal 

15 years 2006 through 2010’’. 

16 (c) MATCHING GRANTS FOR THE TERRITORIES.— 

17 Section 1108(b)(2) (42 U.S.C. 1308(b)(2)) is amended by 

18 striking ‘‘1997 through 2003’’ and inserting ‘‘2006 

19 through 2010’’. 

20 SEC. 103. PROMOTION OF FAMILY FORMATION AND 

21 HEALTHY MARRIAGE. 

22 (a) STATE PLANS.—Section 402(a)(1)(A) (42 U.S.C. 

23 602(a)(1)(A)) is amended by adding at the end the fol24 lowing: 
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1 ‘‘(vii) Encourage equitable treatment 

2 of married, 2-parent families under the 

3 program referred to in clause (i).’’. 

4 (b) HEALTHY MARRIAGE PROMOTION GRANTS; RE5 PEAL OF BONUS FOR REDUCTION OF ILLEGITIMACY

6 RATIO.— 

7 (1) IN GENERAL.—Section 403(a)(2) (42 

8 U.S.C. 603(a)(2)) is amended to read as follows: 

9 ‘‘(2) HEALTHY MARRIAGE PROMOTION

10 GRANTS.— 

11 ‘‘(A) AUTHORITY.—The Secretary shall 

12 award competitive grants to States, territories, 

13 and tribal organizations for not more than 50 

14 percent of the cost of developing and imple15 menting innovative programs to promote and 

16 support healthy, married, 2-parent families. 

17 ‘‘(B) HEALTHY MARRIAGE PROMOTION AC18 TIVITIES.—Funds provided under subparagraph 

19 (A) shall be used to support any of the fol20 lowing programs or activities: 

21 ‘‘(i) Public advertising campaigns on 

22 the value of marriage and the skills needed 

23 to increase marital stability and health. 
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1 ‘‘(ii) Education in high schools on the 

2 value of marriage, relationship skills, and 

3 budgeting. 

4 ‘‘(iii) Marriage education, marriage 

5 skills, and relationship skills programs, 

6 that may include parenting skills, financial 

7 management, conflict resolution, and job 

8 and career advancement, for non-married 

9 pregnant women and non-married expect10 ant fathers. 

11 ‘‘(iv) Pre-marital education and mar12 riage skills training for engaged couples 

13 and for couples or individuals interested in 

14 marriage. 

15 ‘‘(v) Marriage enhancement and mar16 riage skills training programs for married 

17 couples. 

18 ‘‘(vi) Divorce reduction programs that 

19 teach relationship skills. 

20 ‘‘(vii) Marriage mentoring programs 

21 which use married couples as role models 

22 and mentors in at-risk communities. 

23 ‘‘(viii) Programs to reduce the dis24 incentives to marriage in means-tested aid 

25 programs, if offered in conjunction with 
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1 any activity described in this subpara2 graph. 

3 ‘‘(C) APPROPRIATION.— 

4 ‘‘(i) IN GENERAL.—Out of any money 

5 in the Treasury of the United States not 

6 otherwise appropriated, there are appro7 priated for each of fiscal years 2005 

8 through 2010 $100,000,000 for grants 

9 under this paragraph. 

10 ‘‘(ii) EXTENDED AVAILABILITY OF

11 FY2005 FUNDS.—Funds appropriated 

12 under clause (i) for fiscal year 2005 shall 

13 remain available to the Secretary through 

14 fiscal year 2006, for grants under this 

15 paragraph for fiscal year 2005.’’. 

16 (2) EFFECTIVE DATE.—The amendment made 

17 by paragraph (1) shall take effect on the date of the 

18 enactment of this Act. 

19 (c) COUNTING OF SPENDING ON NON-ELIGIBLE

20 FAMILIES TO PREVENT AND REDUCE INCIDENCE OF

21 OUT-OF-WEDLOCK BIRTHS, ENCOURAGE FORMATION

22 AND MAINTENANCE OF HEALTHY, 2-PARENT MARRIED

23 FAMILIES, OR ENCOURAGE RESPONSIBLE FATHER24 HOOD.—Section 409(a)(7)(B)(i) (42 U.S.C. 
16 

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1 609(a)(7)(B)(i)) is amended by adding at the end the fol2 lowing: 

3 ‘‘(V) COUNTING OF SPENDING

4 ON NON-ELIGIBLE FAMILIES TO PRE5 VENT AND REDUCE INCIDENCE OF

6 OUT-OF-WEDLOCK BIRTHS, ENCOUR7 AGE FORMATION AND MAINTENANCE

8 OF HEALTHY, 2-PARENT MARRIED

9 FAMILIES, OR ENCOURAGE RESPON10 SIBLE FATHERHOOD.—The term 

11 ‘qualified State expenditures’ includes 

12 the total expenditures by the State 

13 during the fiscal year under all State 

14 programs for a purpose described in 

15 paragraph (3) or (4) of section 

16 401(a).’’. 

17 SEC. 104. SUPPLEMENTAL GRANT FOR POPULATION IN18 CREASES IN CERTAIN STATES. 

19 Section 403(a)(3) (42 U.S.C. 603(a)(3)) is amend20 ed— 

21 (1) in subparagraph (E)— 

22 (A) by striking ‘‘1998, 1999, 2000, and 

23 2001’’ and inserting ‘‘2006 through 2009’’; and 

24 (B) by striking ‘‘, in a total amount not to 

25 exceed $800,000,000’’; 
17 

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1 (2) in subparagraph (G), by striking ‘‘2001’’ 

2 and inserting ‘‘2009’’; and 

3 (3) by striking subparagraph (H) and inserting 

4 the following: 

5 ‘‘(H) FURTHER PRESERVATION OF GRANT

6 AMOUNTS.—A State that was a qualifying State 

7 under this paragraph for fiscal year 2004 or 

8 any prior fiscal year shall be entitled to receive 

9 from the Secretary for each of fiscal years 2006 

10 through 2009 a grant in an amount equal to 

11 the amount required to be paid to the State 

12 under this paragraph for the most recent fiscal 

13 year for which the State was a qualifying 

14 State.’’. 

15 SEC. 105. BONUS TO REWARD EMPLOYMENT ACHIEVE16 MENT. 

17 (a) IN GENERAL.—Section 403(a)(4) (42 U.S.C. 

18 603(a)(4)) is amended— 

19 (1) in the paragraph heading, by striking 

20 ‘‘HIGH PERFORMANCE STATES’’ and inserting ‘‘EM21 PLOYMENT ACHIEVEMENT’’; and 

22 (2) by striking subparagraphs (A) through (F) 

23 and inserting the following: 

24 ‘‘(A) IN GENERAL.—The Secretary shall 

25 make a grant pursuant to this paragraph to 
18 

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1 each State for each bonus year for which the 

2 State is an employment achievement State. 

3 ‘‘(B) AMOUNT OF GRANT.— 

4 ‘‘(i) IN GENERAL.—Subject to clause 

5 (ii) of this subparagraph, the Secretary 

6 shall determine the amount of the grant 

7 payable under this paragraph to an em8 ployment achievement State for a bonus 

9 year, which shall be based on the perform10 ance of the State as determined under sub11 paragraph (D)(i) for the fiscal year that 

12 immediately precedes the bonus year. 

13 ‘‘(ii) LIMITATION.—The amount pay14 able to a State under this paragraph for a 

15 bonus year shall not exceed 5 percent of 

16 the State family assistance grant. 

17 ‘‘(C) FORMULA FOR MEASURING STATE

18 PERFORMANCE.— 

19 ‘‘(i) IN GENERAL.—Subject to clause 

20 (ii), not later than October 1, 2006, the 

21 Secretary, in consultation with the States, 

22 shall develop a formula for measuring 

23 State performance in operating the State 

24 program funded under this part so as to 

25 achieve the goals of employment entry, job 
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1 retention, and increased earnings from em2 ployment for families receiving assistance 

3 under the program, as measured on an ab4 solute basis and on the basis of improve5 ment in State performance. 

6 ‘‘(ii) SPECIAL RULE FOR BONUS YEAR

7 2006.—For the purposes of awarding a 

8 bonus under this paragraph for bonus year 

9 2006, the Secretary may measure the per10 formance of a State in fiscal year 2005 

11 using the job entry rate, job retention rate, 

12 and earnings gain rate components of the 

13 formula developed under section 

14 403(a)(4)(C) as in effect immediately be15 fore the effective date of this paragraph. 

16 ‘‘(D) DETERMINATION OF STATE PER17 FORMANCE.—For each bonus year, the Sec18 retary shall— 

19 ‘‘(i) use the formula developed under 

20 subparagraph (C) to determine the per21 formance of each eligible State for the fis22 cal year that precedes the bonus year; and 

23 ‘‘(ii) prescribe performance standards 

24 in such a manner so as to ensure that— 
20 

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1 ‘‘(I) the average annual total 

2 amount of grants to be made under 

3 this paragraph for each bonus year 

4 equals $100,000,000; and 

5 ‘‘(II) the total amount of grants 

6 to be made under this paragraph for 

7 all bonus years equals $600,000,000. 

8 ‘‘(E) DEFINITIONS.—In this paragraph: 

9 ‘‘(i) BONUS YEAR.—The term ‘bonus 

10 year’ means each of fiscal years 2006 

11 through 2011. 

12 ‘‘(ii) EMPLOYMENT ACHIEVEMENT

13 STATE.—The term ‘employment achieve14 ment State’ means, with respect to a bonus 

15 year, an eligible State whose performance 

16 determined pursuant to subparagraph 

17 (D)(i) for the fiscal year preceding the 

18 bonus year equals or exceeds the perform19 ance standards prescribed under subpara20 graph (D)(ii) for such preceding fiscal 

21 year. 

22 ‘‘(F) APPROPRIATION.— 

23 ‘‘(i) IN GENERAL.—Out of any money 

24 in the Treasury of the United States not 

25 otherwise appropriated, there are appro-
21 

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1 priated for fiscal years 2006 through 2011 

2 $600,000,000 for grants under this para3 graph. 

4 ‘‘(ii) EXTENDED AVAILABILITY OF

5 PRIOR APPROPRIATION.—Amounts appro6 priated under section 403(a)(4)(F) of the 

7 Social Security Act (as in effect before the 

8 date of the enactment of this clause) that 

9 have not been expended as of such date of 

10 enactment shall remain available through 

11 fiscal year 2006 for grants under section 

12 403(a)(4) of such Act (as in effect before 

13 such date of enactment) for bonus year 

14 2005. 

15 ‘‘(G) GRANTS FOR TRIBAL ORGANIZA16 TIONS.—This paragraph shall apply with re17 spect to tribal organizations in the same man18 ner in which this paragraph applies with re19 spect to States. In determining the criteria 

20 under which to make grants to tribal organiza21 tions under this paragraph, the Secretary shall 

22 consult with tribal organizations.’’. 

23 (b) EFFECTIVE DATE.—The amendments made by 

24 subsection (a) shall take effect on the date of the enact25 ment of this Act. 
22 

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1 SEC. 106. CONTINGENCY FUND. 

2 (a) DEPOSITS INTO FUND.—Section 403(b)(2) (42 

3 U.S.C. 603(b)(2)) is amended— 

4 (1) by striking ‘‘1997, 1998, 1999, 2000, 2001, 

5 2002, and 2003’’ and inserting ‘‘2006 through 

6 2010’’; and 

7 (2) by striking all that follows 

8 ‘‘$2,000,000,000’’ and inserting a period. 

9 (b) GRANTS.—Section 403(b)(3)(C)(ii) (42 U.S.C. 

10 603(b)(3)(C)(ii)) is amended by striking ‘‘fiscal years 

11 1997 through 2005’’ and inserting ‘‘fiscal years 2006 

12 through 2010’’. 

13 (c) DEFINITION OF NEEDY STATE.—Clauses (i) and 

14 (ii) of section 403(b)(5)(B) (42 U.S.C. 603(b)(5)(B)) are 

15 amended by inserting after ‘‘1996’’ the following: ‘‘, and 

16 the Food Stamp Act of 1977 as in effect during the cor17 responding 3-month period in the fiscal year preceding 

18 such most recently concluded 3-month period,’’. 

19 (d) ANNUAL RECONCILIATION: FEDERAL MATCHING

20 OF STATE EXPENDITURES ABOVE ‘‘MAINTENANCE OF

21 EFFORT’’ LEVEL.—Section 403(b)(6) (42 U.S.C. 

22 603(b)(6)) is amended— 

23 (1) in subparagraph (A)(ii)— 

24 (A) by adding ‘‘and’’ at the end of sub25 clause (I); 
23 

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1 (B) by striking ‘‘; and’’ at the end of sub2 clause (II) and inserting a period; and 

3 (C) by striking subclause (III); 

4 (2) in subparagraph (B)(i)(II), by striking all 

5 that follows ‘‘section 409(a)(7)(B)(iii))’’ and insert6 ing a period; 

7 (3) by amending subparagraph (B)(ii)(I) to 

8 read as follows: 

9 ‘‘(I) the qualified State expendi10 tures (as defined in section 

11 409(a)(7)(B)(i)) for the fiscal year; 

12 plus’’; and 

13 (4) by striking subparagraph (C). 

14 (e) CONSIDERATION OF CERTAIN CHILD CARE EX15 PENDITURES IN DETERMINING STATE COMPLIANCE

16 WITH CONTINGENCY FUND MAINTENANCE OF EFFORT

17 REQUIREMENT.—Section 409(a)(10) (42 U.S.C. 

18 609(a)(10)) is amended— 

19 (1) by striking ‘‘(other than the expenditures 

20 described in subclause (I)(bb) of that paragraph)) 

21 under the State program funded under this part’’ 

22 and inserting a close parenthesis; and 

23 (2) by striking ‘‘excluding any amount ex24 pended by the State for child care under subsection 
24 

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1 (g) or (i) of section 402 (as in effect during fiscal 

2 year 1994) for fiscal year 1994,’’. 

3 SEC. 107. USE OF FUNDS. 

4 (a) GENERAL RULES.—Section 404(a)(2) (42 U.S.C. 

5 604(a)(2)) is amended by striking ‘‘in any manner that’’ 

6 and inserting ‘‘for any purposes or activities for which’’. 

7 (b) TREATMENT OF INTERSTATE IMMIGRANTS.— 

8 (1) STATE PLAN PROVISION.—Section 

9 402(a)(1)(B) (42 U.S.C. 602(a)(1)(B)) is amended 

10 by striking clause (i) and redesignating clauses (ii) 

11 through (iv) as clauses (i) through (iii), respectively. 

12 (2) USE OF FUNDS.—Section 404 (42 U.S.C. 

13 604) is amended by striking subsection (c). 

14 (c) INCREASE IN AMOUNT TRANSFERABLE TO CHILD

15 CARE.—Section 404(d)(1) (42 U.S.C. 604(d)(1)) is 

16 amended by striking ‘‘30’’ and inserting ‘‘50’’. 

17 (d) INCREASE IN AMOUNT TRANSFERABLE TO TITLE

18 XX PROGRAMS.—Section 404(d)(2)(B) (42 U.S.C. 

19 604(d)(2)(B)) is amended to read as follows: 

20 ‘‘(B) APPLICABLE PERCENT.—For pur21 poses of subparagraph (A), the applicable per22 cent is 10 percent for fiscal year 2006 and each 

23 succeeding fiscal year.’’. 

24 (e) CLARIFICATION OF AUTHORITY OF STATES TO

25 USE TANF FUNDS CARRIED OVER FROM PRIOR YEARS
25 

•S 105 IS 

1 TO PROVIDE TANF BENEFITS AND SERVICES.—Section 

2 404(e) (42 U.S.C. 604(e)) is amended to read as follows: 

3 ‘‘(e) AUTHORITY TO CARRYOVER OR RESERVE CER4 TAIN AMOUNTS FOR BENEFITS OR SERVICES OR FOR FU5 TURE CONTINGENCIES.— 

6 ‘‘(1) CARRYOVER.—A State or tribe may use a 

7 grant made to the State or tribe under this part for 

8 any fiscal year to provide, without fiscal year limita9 tion, any benefit or service that may be provided 

10 under the State or tribal program funded under this 

11 part. 

12 ‘‘(2) CONTINGENCY RESERVE.—A State or tribe 

13 may designate any portion of a grant made to the 

14 State or tribe under this part as a contingency re15 serve for future needs, and may use any amount so 

16 designated to provide, without fiscal year limitation, 

17 any benefit or service that may be provided under 

18 the State or tribal program funded under this part. 

19 If a State or tribe so designates a portion of such 

20 a grant, the State shall, on an annual basis, include 

21 in its report under section 411(a) the amount so 

22 designated.’’. 
26 

•S 105 IS 

1 SEC. 108. REPEAL OF FEDERAL LOAN FOR STATE WELFARE 

2 PROGRAMS. 

3 (a) REPEAL.—Section 406 (42 U.S.C. 606) is re4 pealed. 

5 (b) CONFORMING AMENDMENTS.— 

6 (1) Section 409(a) (42 U.S.C. 609(a)) is 

7 amended by striking paragraph (6). 

8 (2) Section 412 (42 U.S.C. 612) is amended by 

9 striking subsection (f) and redesignating subsections 

10 (g) through (i) as subsections (f) through (h), re11 spectively. 

12 (3) Section 1108(a)(2) (42 U.S.C. 1308(a)(2)) 

13 is amended by striking ‘‘406,’’. 

14 SEC. 109. UNIVERSAL ENGAGEMENT AND FAMILY SELF15 SUFFICIENCY PLAN REQUIREMENTS. 

16 (a) MODIFICATION OF STATE PLAN REQUIRE17 MENTS.—Section 402(a)(1)(A) (42 U.S.C. 602(a)(1)(A)) 

18 is amended by striking clauses (ii) and (iii) and inserting 

19 the following: 

20 ‘‘(ii) Require a parent or caretaker re21 ceiving assistance under the program to 

22 engage in work or alternative self-suffi23 ciency activities (as defined by the State), 

24 consistent with section 407(e)(2). 

25 ‘‘(iii) Require families receiving assist26 ance under the program to engage in ac-
27 

•S 105 IS 

1 tivities in accordance with family self-suffi2 ciency plans developed pursuant to section 

3 408(b).’’. 

4 (b) ESTABLISHMENT OF FAMILY SELF-SUFFICIENCY

5 PLANS.— 

6 (1) IN GENERAL.—Section 408(b) (42 U.S.C. 

7 608(b)) is amended to read as follows: 

8 ‘‘(b) FAMILY SELF-SUFFICIENCY PLANS.— 

9 ‘‘(1) IN GENERAL.—A State to which a grant 

10 is made under section 403 shall— 

11 ‘‘(A) assess, in the manner deemed appro12 priate by the State, the skills, prior work expe13 rience, and employability of each work-eligible 

14 individual (as defined in section 407(b)(2)(C)) 

15 receiving assistance under the State program 

16 funded under this part; 

17 ‘‘(B) establish for each family that in18 cludes such an individual, in consultation as the 

19 State deems appropriate with the individual, a 

20 self-sufficiency plan that specifies appropriate 

21 activities described in the State plan submitted 

22 pursuant to section 402, including direct work 

23 activities as appropriate designed to assist the 

24 family in achieving their maximum degree of 

25 self-sufficiency, and that provides for the ongo-
28 

•S 105 IS 

1 ing participation of the individual in the activi2 ties; 

3 ‘‘(C) require, at a minimum, each such in4 dividual to participate in activities in accord5 ance with the self-sufficiency plan; 

6 ‘‘(D) monitor the participation of each 

7 such individual in the activities specified in the 

8 self sufficiency plan, and regularly review the 

9 progress of the family toward self-sufficiency; 

10 ‘‘(E) upon such a review, revise the self11 sufficiency plan and activities as the State 

12 deems appropriate. 

13 ‘‘(2) TIMING.—The State shall comply with 

14 paragraph (1) with respect to a family— 

15 ‘‘(A) in the case of a family that, as of Oc16 tober 1, 2005, is not receiving assistance from 

17 the State program funded under this part, not 

18 later than 60 days after the family first receives 

19 assistance on the basis of the most recent appli20 cation for the assistance; or 

21 ‘‘(B) in the case of a family that, as of 

22 such date, is receiving the assistance, not later 

23 than 12 months after the date of enactment of 

24 this subsection. 
29 

•S 105 IS 

1 ‘‘(3) STATE DISCRETION.—A State shall have 

2 sole discretion, consistent with section 407, to define 

3 and design activities for families for purposes of this 

4 subsection, to develop methods for monitoring and 

5 reviewing progress pursuant to this subsection, and 

6 to make modifications to the plan as the State 

7 deems appropriate to assist the individual in increas8 ing their degree of self-sufficiency. 

9 ‘‘(4) RULE OF INTERPRETATION.—Nothing in 

10 this part shall preclude a State from requiring par11 ticipation in work and any other activities the State 

12 deems appropriate for helping families achieve self13 sufficiency and improving child well-being.’’. 

14 (2) PENALTY FOR FAILURE TO ESTABLISH

15 FAMILY SELF-SUFFICIENCY PLAN.—Section 

16 409(a)(3) (42 U.S.C. 609(a)(3)) is amended— 

17 (A) in the paragraph heading, by inserting 

18 ‘‘or establish family self-sufficiency plan’’ after 

19 ‘‘rates’’; and 

20 (B) in subparagraph (A), by inserting ‘‘or 

21 408(b)’’ after ‘‘407(a)’’. 

22 SEC. 110. WORK PARTICIPATION REQUIREMENTS. 

23 (a) ELIMINATION OF SEPARATE PARTICIPATION

24 RATE REQUIREMENTS FOR 2-PARENT FAMILIES.— 
30 

•S 105 IS 

1 (1) Section 407 (42 U.S.C. 607) is amended in 

2 each of subsections (a) and (b) by striking para3 graph (2). 

4 (2) Section 407(b)(4) (42 U.S.C. 607(b)(4)) is 

5 amended by striking ‘‘paragraphs (1)(B) and 

6 (2)(B)’’ and inserting ‘‘paragraph (1)(B)’’. 

7 (3) Section 407(c)(1) (42 U.S.C. 607(c)(1)) is 

8 amended by striking subparagraph (B). 

9 (4) Section 407(c)(2)(D) (42 U.S.C. 

10 607(c)(2)(D)) is amended by striking ‘‘paragraphs 

11 (1)(B)(i) and (2)(B) of subsection (b)’’ and inserting 

12 ‘‘subsection (b)(1)(B)(i)’’. 

13 (b) WORK PARTICIPATION REQUIREMENTS.—Section 

14 407 (42 U.S.C. 607) is amended by striking all that pre15 cedes subsection (b)(3) and inserting the following: 

16 ‘‘SEC. 407. WORK PARTICIPATION REQUIREMENTS. 

17 ‘‘(a) PARTICIPATION RATE REQUIREMENTS.— 

18 ‘‘(1) IN GENERAL.—Subject to the succeeding 

19 provisions of this section, a State to which a grant 

20 is made under section 403 for a fiscal year shall 

21 achieve a minimum participation rate equal to not 

22 less than— 

23 ‘‘(A) 50 percent for fiscal year 2006; 

24 ‘‘(B) 55 percent for fiscal year 2007; 

25 ‘‘(C) 60 percent for fiscal year 2008; 
31 

•S 105 IS 

1 ‘‘(D) 65 percent for fiscal year 2009; and 

2 ‘‘(E) 70 percent for fiscal year 2010 and 

3 each succeeding fiscal year. 

4 ‘‘(2) MINIMUM PARTICIPATION RATE FLOOR.— 

5 ‘‘(A) IN GENERAL.—A State to which a 

6 grant is made under section 403 for a fiscal 

7 year shall achieve a minimum participation rate 

8 floor, calculated in accordance with subpara9 graph (B), that is not less than— 

10 ‘‘(i) 10 percent for fiscal year 2006; 

11 ‘‘(ii) 20 percent for fiscal year 2007; 

12 ‘‘(iii) 30 percent for fiscal year 2008; 

13 ‘‘(iv) 40 percent for fiscal year 2009; 

14 and 

15 ‘‘(v) 55 percent for fiscal year 2010 

16 and each succeeding fiscal year. 

17 ‘‘(B) CALCULATION OF PARTICIPATION

18 RATES FOR DETERMINING COMPLIANCE WITH

19 MINIMUM PARTICIPATION RATE FLOOR.— 

20 ‘‘(i) IN GENERAL.—For purposes of 

21 determining compliance with subparagraph 

22 (A), the provisions of subsection (b) shall 

23 apply with respect to the calculation of the 

24 participation rate of a State for a fiscal 
32 

•S 105 IS 

1 year except as provided in clauses (ii) and 

2 (iii). 

3 ‘‘(ii) SPECIAL RULES.—For purposes 

4 of this paragraph— 

5 ‘‘(I) a reduction under subsection 

6 (b)(3) shall not be applied with re7 spect to a State for a fiscal year to 

8 the extent it would reduce the min9 imum participation rate the State is 

10 otherwise required to meet below the 

11 level specified in subparagraph (A) for 

12 such fiscal year; 

13 ‘‘(II) the participation rate deter14 mined under paragraphs (1) and (2) 

15 of subsection (b) for a State for a fis16 cal year may not be increased as pro17 vided in subsection (b)(4) if the 

18 State’s participation rate (as so deter19 mined) is below the level specified for 

20 such fiscal year in subparagraph (A); 

21 and 

22 ‘‘(III) the options to exclude cer23 tain families for purposes of deter24 mining monthly participation rates 
33 

•S 105 IS 

1 provided in subsection (b)(2)(B)(ii) 

2 shall not apply. 

3 ‘‘(iii) DEFINITION OF ASSISTANCE.— 

4 For purposes of this paragraph, the term 

5 ‘assistance’ in subsection (b) shall be 

6 deemed to mean assistance to a family 

7 that— 

8 ‘‘(I) meets the definition of that 

9 term in section 419; and 

10 ‘‘(II) is provided— 

11 ‘‘(aa) under the State pro12 gram funded under this part; or 

13 ‘‘(bb) under a program 

14 funded with qualified State ex15 penditures (as defined in section 

16 409(a)(7)(B)(i)). 

17 ‘‘(C) NO WORK REQUIREMENT IMPOSED

18 FOR FAMILIES WITH AN INFANT.—Nothing in 

19 this paragraph shall be construed as requiring 

20 a State to require a family in which the young21 est child has not attained 12 months of age to 

22 engage in work or other activities. 

23 ‘‘(b) CALCULATION OF PARTICIPATION RATES.— 

24 ‘‘(1) AVERAGE MONTHLY RATE.—For purposes 

25 of subsection (a), the participation rate of a State 
34 

•S 105 IS 

1 for a fiscal year is the average of the participation 

2 rates of the State for each month in the fiscal year. 

3 ‘‘(2) MONTHLY PARTICIPATION RATES; INCOR4 PORATION OF 40-HOUR WORK WEEK STANDARD.— 

5 ‘‘(A) IN GENERAL.—For purposes of para6 graph (1), the participation rate of a State for 

7 a month is— 

8 ‘‘(i) the total number of countable 

9 hours (as defined in subsection (c)) with 

10 respect to the counted families for the 

11 State for the month; divided by 

12 ‘‘(ii) 160 multiplied by the number of 

13 counted families for the State for the 

14 month. 

15 ‘‘(B) COUNTED FAMILIES DEFINED.— 

16 ‘‘(i) IN GENERAL.—In subparagraph 

17 (A), the term ‘counted family’ means, with 

18 respect to a State and a month, a family 

19 that includes a work-eligible individual and 

20 that receives assistance in the month under 

21 the State program funded under this part, 

22 subject to clause (ii). 

23 ‘‘(ii) STATE OPTION TO EXCLUDE

24 CERTAIN FAMILIES.—At the option of a 
35 

•S 105 IS 

1 State, the term ‘counted family’ shall not 

2 include— 

3 ‘‘(I) a family in the first month 

4 for which the family receives assist5 ance from a State program funded 

6 under this part on the basis of the 

7 most recent application for such as8 sistance; or 

9 ‘‘(II) on a case-by-case basis, a 

10 family in which the youngest child has 

11 not attained 12 months of age. 

12 ‘‘(iii) STATE OPTION TO INCLUDE IN13 DIVIDUALS RECEIVING ASSISTANCE UNDER

14 A TRIBAL FAMILY ASSISTANCE PLAN OR

15 TRIBAL WORK PROGRAM.—At the option of 

16 a State, the term ‘counted family’ may in17 clude families in the State that are receiv18 ing assistance under a tribal family assist19 ance plan approved under section 412 or 

20 under a tribal work program to which 

21 funds are provided under this part. 

22 ‘‘(C) WORK-ELIGIBLE INDIVIDUAL DE23 FINED.—In this section, the term ‘work-eligible 

24 individual’ means an individual— 
36 

•S 105 IS 

1 ‘‘(i) who is married or a single head 

2 of household; and 

3 ‘‘(ii) whose needs are (or, but for 

4 sanctions under this part that have been in 

5 effect for more than 3 months (whether or 

6 not consecutive) in the preceding 12 

7 months or under part D, would be) in8 cluded in determining the amount of cash 

9 assistance to be provided to the family 

10 under the State program funded under this 

11 part.’’. 

12 (c) RECALIBRATION OF CASELOAD REDUCTION

13 CREDIT.— 

14 (1) IN GENERAL.—Section 407(b)(3)(A)(ii) (42 

15 U.S.C. 607(b)(3)(A)(ii)) is amended to read as fol16 lows: 

17 ‘‘(ii) the average monthly number of 

18 families that received assistance under the 

19 State program funded under this part dur20 ing the base year.’’. 

21 (2) CONFORMING AMENDMENT.—Section 

22 407(b)(3)(B) (42 U.S.C. 607(b)(3)(B)) is amended 

23 by striking ‘‘and eligibility criteria’’ and all that fol24 lows through the close parenthesis and inserting 
37 

•S 105 IS 

1 ‘‘and the eligibility criteria in effect during the then 

2 applicable base year’’. 

3 (3) BASE YEAR DEFINED.—Section 407(b)(3) 

4 (42 U.S.C. 607(b)(3)) is amended by adding at the 

5 end the following: 

6 ‘‘(C) BASE YEAR DEFINED.—In this para7 graph, the term ‘base year’ means, with respect 

8 to a fiscal year— 

9 ‘‘(i) if the fiscal year is fiscal year 

10 2006, fiscal year 1996; 

11 ‘‘(ii) if the fiscal year is fiscal year 

12 2007, fiscal year 1998; 

13 ‘‘(iii) if the fiscal year is fiscal year 

14 2008, fiscal year 2001; or 

15 ‘‘(iv) if the fiscal year is fiscal year 

16 2009 or any succeeding fiscal year, the 

17 then 4th preceding fiscal year.’’. 

18 (d) SUPERACHIEVER CREDIT.—Section 407(b) (42 

19 U.S.C. 607(b)) is amended by striking paragraphs (4) and 

20 (5) and inserting the following: 

21 ‘‘(4) SUPERACHIEVER CREDIT.— 

22 ‘‘(A) IN GENERAL.—The participation 

23 rate, determined under paragraphs (1) and (2) 

24 of this subsection, of a superachiever State for 
38 

•S 105 IS 

1 a fiscal year shall be increased by the lesser 

2 of— 

3 ‘‘(i) the amount (if any) of the super4 achiever credit applicable to the State; or 

5 ‘‘(ii) the number of percentage points 

6 (if any) by which the minimum participa7 tion rate required by subsection (a) for the 

8 fiscal year exceeds 50 percent. 

9 ‘‘(B) SUPERACHIEVER STATE.—For pur10 poses of subparagraph (A), a State is a super11 achiever State if the State caseload for fiscal 

12 year 2001 has declined by at least 60 percent 

13 from the State caseload for fiscal year 1995. 

14 ‘‘(C) AMOUNT OF CREDIT.—The super15 achiever credit applicable to a State is the num16 ber of percentage points (if any) by which the 

17 decline referred to in subparagraph (B) exceeds 

18 60 percent. 

19 ‘‘(D) DEFINITIONS.—In this paragraph: 

20 ‘‘(i) STATE CASELOAD FOR FISCAL

21 YEAR 2001.—The term ‘State caseload for 

22 fiscal year 2001’ means the average 

23 monthly number of families that received 

24 assistance during fiscal year 2001 under 

25 the State program funded under this part. 
39 

•S 105 IS 

1 ‘‘(ii) STATE CASELOAD FOR FISCAL

2 YEAR 1995.—The term ‘State caseload for 

3 fiscal year 1995’ means the average 

4 monthly number of families that received 

5 aid under the State plan approved under 

6 part A (as in effect on September 30, 

7 1995) during fiscal year 1995.’’. 

8 (e) COUNTABLE HOURS.—Section 407 of such Act 

9 (42 U.S.C. 607) is amended by striking subsections (c) 

10 and (d) and inserting the following: 

11 ‘‘(c) COUNTABLE HOURS.— 

12 ‘‘(1) DEFINITION.—In subsection (b)(2), the 

13 term ‘countable hours’ means, with respect to a fam14 ily for a month, the total number of hours in the 

15 month in which any member of the family who is a 

16 work-eligible individual is engaged in a direct work 

17 activity or other activities specified by the State (ex18 cluding an activity that does not address a purpose 

19 specified in section 401(a)), subject to the other pro20 visions of this subsection. 

21 ‘‘(2) LIMITATIONS.—Subject to such regula22 tions as the Secretary may prescribe: 

23 ‘‘(A) MINIMUM WEEKLY AVERAGE OF 24

24 HOURS OF DIRECT WORK ACTIVITIES RE25 QUIRED.—If the work-eligible individuals in a 
40 

•S 105 IS 

1 family are engaged in a direct work activity for 

2 an average total of fewer than 24 hours per 

3 week in a month, then the number of countable 

4 hours with respect to the family for the month 

5 shall be zero. 

6 ‘‘(B) MAXIMUM WEEKLY AVERAGE OF 16

7 HOURS OF OTHER ACTIVITIES.—An average of 

8 not more than 16 hours per week of activities 

9 specified by the State (subject to the exclusion 

10 described in paragraph (1)) may be considered 

11 countable hours in a month with respect to a 

12 family. 

13 ‘‘(3) SPECIAL RULES.—For purposes of para14 graph (1): 

15 ‘‘(A) PARTICIPATION IN QUALIFIED AC16 TIVITIES.— 

17 ‘‘(i) IN GENERAL.—If, with the ap18 proval of the State, the work-eligible indi19 viduals in a family are engaged in 1 or 

20 more qualified activities for an average 

21 total of at least 24 hours per week in a 

22 month, then all such engagement in the 

23 month shall be considered engagement in a 

24 direct work activity, subject to clause (iii). 
41 

•S 105 IS 

1 ‘‘(ii) QUALIFIED ACTIVITY DE2 FINED.—The term ‘qualified activity’ 

3 means an activity specified by the State 

4 (subject to the exclusion described in para5 graph (1)) that meets such standards and 

6 criteria as the State may specify, includ7 ing— 

8 ‘‘(I) substance abuse counseling 

9 or treatment; 

10 ‘‘(II) rehabilitation treatment 

11 and services; 

12 ‘‘(III) work-related education or 

13 training directed at enabling the fam14 ily member to work; 

15 ‘‘(IV) job search or job readiness 

16 assistance; and 

17 ‘‘(V) any other activity that ad18 dresses a purpose specified in section 

19 401(a). 

20 ‘‘(iii) LIMITATION.— 

21 ‘‘(I) IN GENERAL.—Except as 

22 provided in subclause (II), clause (i) 

23 shall not apply to a family for more 

24 than 3 months in any period of 24 

25 consecutive months. 
42 

•S 105 IS 

1 ‘‘(II) SPECIAL RULE APPLICABLE

2 TO EDUCATION AND TRAINING.—A 

3 State may, on a case-by-case basis, 

4 apply clause (i) to a work-eligible indi5 vidual so that participation by the in6 dividual in education or training, if 

7 needed to permit the individual to 

8 complete a certificate program or 

9 other work-related education or train10 ing directed at enabling the individual 

11 to fill a known job need in a local 

12 area, may be considered countable 

13 hours with respect to the family of the 

14 individual for not more than 4 months 

15 in any period of 24 consecutive 

16 months. 

17 ‘‘(B) SCHOOL ATTENDANCE BY TEEN

18 HEAD OF HOUSEHOLD.—The work-eligible 

19 members of a family shall be considered to be 

20 engaged in a direct work activity for an average 

21 of 40 hours per week in a month if the family 

22 includes an individual who is married, or is a 

23 single head of household, who has not attained 

24 20 years of age, and the individual— 
43 

•S 105 IS 

1 ‘‘(i) maintains satisfactory attendance 

2 at secondary school or the equivalent in 

3 the month; or 

4 ‘‘(ii) participates in education directly 

5 related to employment for an average of at 

6 least 20 hours per week in the month. 

7 ‘‘(d) DIRECT WORK ACTIVITY.—In this section, the 

8 term ‘direct work activity’ means— 

9 ‘‘(1) unsubsidized employment; 

10 ‘‘(2) subsidized private sector employment; 

11 ‘‘(3) subsidized public sector employment; 

12 ‘‘(4) on-the-job training; 

13 ‘‘(5) supervised work experience; or 

14 ‘‘(6) supervised community service.’’. 

15 (f) PENALTIES AGAINST INDIVIDUALS.—Section 

16 407(e)(1) (42 U.S.C. 607(e)(1)) is amended to read as 

17 follows: 

18 ‘‘(1) REDUCTION OR TERMINATION OF ASSIST19 ANCE.— 

20 ‘‘(A) IN GENERAL.—Except as provided in 

21 paragraph (2), if an individual in a family re22 ceiving assistance under a State program fund23 ed under this part fails to engage in activities 

24 required in accordance with this section, or 

25 other activities required by the State under the 
44 

•S 105 IS 

1 program, and the family does not otherwise en2 gage in activities in accordance with the self3 sufficiency plan established for the family pur4 suant to section 408(b), the State shall— 

5 ‘‘(i) if the failure is partial or persists 

6 for not more than 1 month— 

7 ‘‘(I) reduce the amount of assist8 ance otherwise payable to the family 

9 pro rata (or more, at the option of the 

10 State) with respect to any period dur11 ing a month in which the failure oc12 curs; or 

13 ‘‘(II) terminate all assistance to 

14 the family, subject to such good cause 

15 exceptions as the State may establish; 

16 or 

17 ‘‘(ii) if the failure is total and persists 

18 for at least 2 consecutive months, termi19 nate all cash payments to the family in20 cluding qualified State expenditures (as de21 fined in section 409(a)(7)(B)(i)) for at 

22 least 1 month and thereafter until the 

23 State determines that the individual has 

24 resumed full participation in the activities, 
45 

•S 105 IS 

1 subject to such good cause exceptions as 

2 the State may establish. 

3 ‘‘(B) SPECIAL RULE.— 

4 ‘‘(i) IN GENERAL.—In the event of a 

5 conflict between a requirement of clause 

6 (i)(II) or (ii) of subparagraph (A) and a 

7 requirement of a State constitution, or of 

8 a State statute that, before 1966, obligated 

9 local government to provide assistance to 

10 needy parents and children, the State con11 stitutional or statutory requirement shall 

12 control. 

13 ‘‘(ii) LIMITATION.—Clause (i) of this 

14 subparagraph shall not apply after the 1- 

15 year period that begins with the date of 

16 the enactment of this subparagraph.’’. 

17 (g) CONFORMING AMENDMENTS.— 

18 (1) Section 407(f) (42 U.S.C. 607(f)) is amend19 ed in each of paragraphs (1) and (2) by striking 

20 ‘‘work activity described in subsection (d)’’ and in21 serting ‘‘direct work activity’’. 

22 (2) The heading of section 409(a)(14) (42 

23 U.S.C. 609(a)(14)) is amended by inserting ‘‘or re24 fusing to engage in activities under a family self-suf25 ficiency plan’’ after ‘‘work’’. 
46 

•S 105 IS 

1 SEC. 111. MAINTENANCE OF EFFORT. 

2 (a) IN GENERAL.—Section 409(a)(7) (42 U.S.C. 

3 609(a)(7)) is amended— 

4 (1) in subparagraph (A), by striking ‘‘fiscal 

5 year 1998, 1999, 2000, 2001, 2002, 2003, 2004, 

6 2005, or 2006’’ and inserting ‘‘fiscal year 2006, 

7 2007, 2008, 2009, 2010, or 2011’’; and 

8 (2) in subparagraph (B)(ii)— 

9 (A) by inserting ‘‘preceding’’ before ‘‘fiscal 

10 year’’; and 

11 (B) by striking ‘‘for fiscal years 1997 

12 through 2005,’’. 

13 (b) STATE SPENDING ON PROMOTING HEALTHY

14 MARRIAGE.— 

15 (1) IN GENERAL.—Section 404 (42 U.S.C. 604) 

16 is amended by adding at the end the following: 

17 ‘‘(l) MARRIAGE PROMOTION.—A State, territory, or 

18 tribal organization to which a grant is made under section 

19 403(a)(2) may use a grant made to the State, territory, 

20 or tribal organization under any other provision of section 

21 403 for marriage promotion activities, and the amount of 

22 any such grant so used shall be considered State funds 

23 for purposes of section 403(a)(2).’’. 

24 (2) FEDERAL TANF FUNDS USED FOR MAR25 RIAGE PROMOTION DISREGARDED FOR PURPOSES OF

26 MAINTENANCE OF EFFORT REQUIREMENT.—Section 
47 

•S 105 IS 

1 409(a)(7)(B)(i) (42 U.S.C. 609(a)(7)(B)(i)), as 

2 amended by section 103(c) of this Act, is amended 

3 by adding at the end the following: 

4 ‘‘(VI) EXCLUSION OF FEDERAL

5 TANF FUNDS USED FOR MARRIAGE

6 PROMOTION ACTIVITIES.—Such term 

7 does not include the amount of any 

8 grant made to the State under section 

9 403 that is expended for a marriage 

10 promotion activity.’’. 

11 SEC. 112. PERFORMANCE IMPROVEMENT. 

12 (a) STATE PLANS.—Section 402(a) (42 U.S.C. 

13 602(a)) is amended— 

14 (1) in paragraph (1)— 

15 (A) in subparagraph (A)— 

16 (i) by redesignating clause (vi) and 

17 clause (vii) (as added by section 103(a) of 

18 this Act) as clauses (vii) and (viii), respec19 tively; and 

20 (ii) by striking clause (v) and insert21 ing the following: 

22 ‘‘(v) The document shall— 

23 ‘‘(I) describe how the State will 

24 pursue ending dependence of needy 

25 families on government benefits and 
48 

•S 105 IS 

1 reducing poverty by promoting job 

2 preparation and work; 

3 ‘‘(II) describe how the State will 

4 encourage the formation and mainte5 nance of healthy 2-parent married 

6 families, encourage responsible father7 hood, and prevent and reduce the inci8 dence of out-of-wedlock pregnancies; 

9 ‘‘(III) include specific, numerical, 

10 and measurable performance objec11 tives for accomplishing subclauses (I) 

12 and (II), and with respect to sub13 clause (I), include objectives con14 sistent with the criteria used by the 

15 Secretary in establishing performance 

16 targets under section 403(a)(4)(B) if 

17 available; and 

18 ‘‘(IV) describe the methodology 

19 that the State will use to measure 

20 State performance in relation to each 

21 such objective. 

22 ‘‘(vi) Describe any strategies and pro23 grams the State may be undertaking to ad24 dress— 
49 

•S 105 IS 

1 ‘‘(I) employment retention and 

2 advancement for recipients of assist3 ance under the program, including 

4 placement into high-demand jobs, and 

5 whether the jobs are identified using 

6 labor market information; 

7 ‘‘(II) efforts to reduce teen preg8 nancy; 

9 ‘‘(III) services for struggling and 

10 noncompliant families, and for clients 

11 with special problems; and 

12 ‘‘(IV) program integration, in13 cluding the extent to which employ14 ment and training services under the 

15 program are provided through the 

16 One-Stop delivery system created 

17 under the Workforce Investment Act 

18 of 1998, and the extent to which 

19 former recipients of such assistance 

20 have access to additional core, inten21 sive, or training services funded 

22 through such Act.’’; and 

23 (B) in subparagraph (B), by striking 

24 clause (iii) (as so redesignated by section 
50 

•S 105 IS 

1 107(b)(1) of this Act) and inserting the fol2 lowing: 

3 ‘‘(iii) The document shall describe 

4 strategies and programs the State is un5 dertaking to engage religious organizations 

6 in the provision of services funded under 

7 this part and efforts related to section 104 

8 of the Personal Responsibility and Work 

9 Opportunity Reconciliation Act of 1996. 

10 ‘‘(iv) The document shall describe 

11 strategies to improve program manage12 ment and performance.’’; and 

13 (2) in paragraph (4), by inserting ‘‘and tribal’’ 

14 after ‘‘that local’’. 

15 (b) CONSULTATION WITH STATE REGARDING PLAN

16 AND DESIGN OF TRIBAL PROGRAMS.—Section 412(b)(1) 

17 (42 U.S.C. 612(b)(1)) is amended— 

18 (1) by striking ‘‘and’’ at the end of subpara19 graph (E); 

20 (2) by striking the period at the end of sub21 paragraph (F) and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(G) provides an assurance that the State 

24 in which the tribe is located has been consulted 

25 regarding the plan and its design.’’. 
51 

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1 (c) PERFORMANCE MEASURES.—Section 413 (42 

2 U.S.C. 613) is amended by adding at the end the fol3 lowing: 

4 ‘‘(k) PERFORMANCE IMPROVEMENT.—The Secretary, 

5 in consultation with the States, shall develop uniform per6 formance measures designed to assess the degree of effec7 tiveness, and the degree of improvement, of State pro8 grams funded under this part in accomplishing the pur9 poses of this part.’’. 

10 (d) ANNUAL RANKING OF STATES.—Section 

11 413(d)(1) (42 U.S.C. 613(d)(1)) is amended by striking 

12 ‘‘long-term private sector jobs’’ and inserting ‘‘private sec13 tor jobs, the success of the recipients in retaining employ14 ment, the ability of the recipients to increase their wages’’. 

15 SEC. 113. DATA COLLECTION AND REPORTING. 

16 (a) CONTENTS OF REPORT.—Section 411(a)(1)(A) 

17 (42 U.S.C. 611(a)(1)(A)) is amended— 

18 (1) in the matter preceding clause (i), by insert19 ing ‘‘and on families receiving assistance under 

20 State programs funded with other qualified State ex21 penditures (as defined in section 409(a)(7)(B))’’ be22 fore the colon; 

23 (2) in clause (vii), by inserting ‘‘and minor par24 ent’’ after ‘‘of each adult’’; 
52 

•S 105 IS 

1 (3) in clause (viii), by striking ‘‘and educational 

2 level’’; 

3 (4) in clause (ix), by striking ‘‘, and if the lat4 ter 2, the amount received’’; 

5 (5) in clause (x)— 

6 (A) by striking ‘‘each type of’’; and 

7 (B) by inserting before the period ‘‘and, if 

8 applicable, the reason for receipt of the assist9 ance for a total of more than 60 months’’; 

10 (6) in clause (xi), by striking the subclauses 

11 and inserting the following: 

12 ‘‘(I) Subsidized private sector 

13 employment. 

14 ‘‘(II) Unsubsidized employment. 

15 ‘‘(III) Public sector employment, 

16 supervised work experience, or super17 vised community service. 

18 ‘‘(IV) On-the-job training. 

19 ‘‘(V) Job search and placement. 

20 ‘‘(VI) Training. 

21 ‘‘(VII) Education. 

22 ‘‘(VIII) Other activities directed 

23 at the purposes of this part, as speci24 fied in the State plan submitted pur25 suant to section 402.’’; 
53 

•S 105 IS 

1 (7) in clause (xii), by inserting ‘‘and progress 

2 toward universal engagement’’ after ‘‘participation 

3 rates’’; 

4 (8) in clause (xiii), by striking ‘‘type and’’ be5 fore ‘‘amount of assistance’’; 

6 (9) in clause (xvi), by striking subclause (II) 

7 and redesignating subclauses (III) through (V) as 

8 subclauses (II) through (IV), respectively; and 

9 (10) by adding at the end the following: 

10 ‘‘(xviii) The date the family first re11 ceived assistance from the State program 

12 on the basis of the most recent application 

13 for such assistance. 

14 ‘‘(xix) Whether a self-sufficiency plan 

15 is established for the family in accordance 

16 with section 408(b). 

17 ‘‘(xx) With respect to any child in the 

18 family, the marital status of the parents at 

19 the birth of the child, and if the parents 

20 were not then married, whether the pater21 nity of the child has been established.’’. 

22 (b) USE OF SAMPLES.—Section 411(a)(1)(B) (42 

23 U.S.C. 611(a)(1)(B)) is amended— 

24 (1) in clause (i)— 
54 

•S 105 IS 

1 (A) by striking ‘‘a sample’’ and inserting 

2 ‘‘samples’’; and 

3 (B) by inserting before the period ‘‘, except 

4 that the Secretary may designate core data ele5 ments that must be reported on all families’’; 

6 and 

7 (2) in clause (ii), by striking ‘‘funded under this 

8 part’’ and inserting ‘‘described in subparagraph 

9 (A)’’. 

10 (c) REPORT ON FAMILIES THAT BECOME INELI11 GIBLE TO RECEIVE ASSISTANCE.—Section 411(a) (42 

12 U.S.C. 611(a)) is amended— 

13 (1) by striking paragraph (5); 

14 (2) by redesignating paragraph (6) as para15 graph (5); and 

16 (3) by inserting after paragraph (5) (as so re17 designated) the following: 

18 ‘‘(6) REPORT ON FAMILIES THAT BECOME IN19 ELIGIBLE TO RECEIVE ASSISTANCE.—The report re20 quired by paragraph (1) for a fiscal quarter shall in21 clude for each month in the quarter the number of 

22 families and total number of individuals that, during 

23 the month, became ineligible to receive assistance 

24 under the State program funded under this part 

25 (broken down by the number of families that become 
55 

•S 105 IS 

1 so ineligible due to earnings, changes in family com2 position that result in increased earnings, sanctions, 

3 time limits, or other specified reasons).’’. 

4 (d) REGULATIONS.—Section 411(a)(7) (42 U.S.C. 

5 611(a)(7)) is amended— 

6 (1) by inserting ‘‘and to collect the necessary 

7 data’’ before ‘‘with respect to which reports’’; 

8 (2) by striking ‘‘subsection’’ and inserting ‘‘sec9 tion’’; and 

10 (3) by striking ‘‘in defining the data elements’’ 

11 and all that follows and inserting ‘‘, the National 

12 Governors’ Association, the American Public Human 

13 Services Association, the National Conference of 

14 State Legislatures, and others in defining the data 

15 elements.’’. 

16 (e) ADDITIONAL REPORTS BY STATES.—Section 411 

17 (42 U.S.C. 611) is amended— 

18 (1) by redesignating subsection (b) as sub19 section (e); and 

20 (2) by inserting after subsection (a) the fol21 lowing: 

22 ‘‘(b) ANNUAL REPORTS ON PROGRAM CHARACTERIS23 TICS.—Not later than 90 days after the end of fiscal year 

24 2006 and each succeeding fiscal year, each eligible State 

25 shall submit to the Secretary a report on the characteris-
56 

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1 tics of the State program funded under this part and other 

2 State programs funded with qualified State expenditures 

3 (as defined in section 409(a)(7)(B)(i)). The report shall 

4 include, with respect to each such program, the program 

5 name, a description of program activities, the program 

6 purpose, the program eligibility criteria, the sources of 

7 program funding, the number of program beneficiaries, 

8 sanction policies, and any program work requirements. 

9 ‘‘(c) MONTHLY REPORTS ON CASELOAD.—Not later 

10 than 3 months after the end of a calendar month that 

11 begins 1 year or more after the enactment of this sub12 section, each eligible State shall submit to the Secretary 

13 a report on the number of families and total number of 

14 individuals receiving assistance in the calendar month 

15 under the State program funded under this part. 

16 ‘‘(d) ANNUAL REPORT ON PERFORMANCE IMPROVE17 MENT.—Beginning with fiscal year 2007, not later than 

18 January 1 of each fiscal year, each eligible State shall sub19 mit to the Secretary a report on achievement and improve20 ment during the preceding fiscal year under the numerical 

21 performance goals and measures under the State program 

22 funded under this part with respect to each of the matters 

23 described in section 402(a)(1)(A)(v).’’. 
57 

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1 (f) ANNUAL REPORTS TO CONGRESS BY THE SEC2 RETARY.—Section 411(e), as so redesignated by sub3 section (e) of this section, is amended— 

4 (1) in the matter preceding paragraph (1), by 

5 striking ‘‘and each fiscal year thereafter’’ and insert6 ing ‘‘and by July 1 of each fiscal year thereafter’’; 

7 (2) in paragraph (2), by striking ‘‘families ap8 plying for assistance,’’ and by striking the last 

9 comma; and 

10 (3) in paragraph (3), by inserting ‘‘and other 

11 programs funded with qualified State expenditures 

12 (as defined in section 409(a)(7)(B)(i))’’ before the 

13 semicolon. 

14 (g) INCREASED ANALYSIS OF STATE SINGLE AUDIT

15 REPORTS.—Section 411 (42 U.S.C. 611) is amended by 

16 adding at the end the following: 

17 ‘‘(f) INCREASED ANALYSIS OF STATE SINGLE AUDIT

18 REPORTS.— 

19 ‘‘(1) IN GENERAL.—Within 3 months after a 

20 State submits to the Secretary a report pursuant to 

21 section 7502(a)(1)(A) of title 31, United States 

22 Code, the Secretary shall analyze the report for the 

23 purpose of identifying the extent and nature of prob24 lems related to the oversight by the State of non25 governmental entities with respect to contracts en-
58 

•S 105 IS 

1 tered into by such entities with the State program 

2 funded under this part, and determining what addi3 tional actions may be appropriate to help prevent 

4 and correct the problems. 

5 ‘‘(2) INCLUSION OF PROGRAM OVERSIGHT SEC6 TION IN ANNUAL REPORT TO THE CONGRESS.—The 

7 Secretary shall include in each report under sub8 section (e) a section on oversight of State programs 

9 funded under this part, including findings on the ex10 tent and nature of the problems referred to in para11 graph (1), actions taken to resolve the problems, and 

12 to the extent the Secretary deems appropriate make 

13 recommendations on changes needed to resolve the 

14 problems.’’. 

15 SEC. 114. DIRECT FUNDING AND ADMINISTRATION BY IN16 DIAN TRIBES. 

17 (a) TRIBAL FAMILY ASSISTANCE GRANT.—Section 

18 412(a)(1)(A) (42 U.S.C. 612(a)(1)(A)) is amended by 

19 striking ‘‘1997, 1998, 1999, 2000, 2001, 2002, and 2003’’ 

20 and inserting ‘‘2006 through 2010’’. 

21 (b) GRANTS FOR INDIAN TRIBES THAT RECEIVED

22 JOBS FUNDS.—Section 412(a)(2)(A) (42 U.S.C. 

23 612(a)(2)(A)) is amended by striking ‘‘1997, 1998, 1999, 

24 2000, 2001, 2002, and 2003’’ and inserting ‘‘2006 

25 through 2010’’. 
59 

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1 SEC. 115. RESEARCH, EVALUATIONS, AND NATIONAL STUD2 IES. 

3 (a) SECRETARY’S FUND FOR RESEARCH, DEM4 ONSTRATIONS, AND TECHNICAL ASSISTANCE.— 

5 (1) IN GENERAL.—Section 413 (42 U.S.C. 

6 613), as amended by section 112(c) of this Act, is 

7 further amended by adding at the end the following: 

8 ‘‘(l) FUNDING FOR RESEARCH, DEMONSTRATIONS, 

9 AND TECHNICAL ASSISTANCE.— 

10 ‘‘(1) APPROPRIATION.— 

11 ‘‘(A) IN GENERAL.—Out of any money in 

12 the Treasury of the United States not otherwise 

13 appropriated, there are appropriated 

14 $102,000,000 for each of fiscal years 2005 

15 through 2010, which shall be available to the 

16 Secretary for the purpose of conducting and 

17 supporting research and demonstration projects 

18 by public or private entities, and providing tech19 nical assistance to States, Indian tribal organi20 zations, and such other entities as the Secretary 

21 may specify that are receiving a grant under 

22 this part, which shall be expended primarily on 

23 activities described in section 403(a)(2)(B), and 

24 which shall be in addition to any other funds 

25 made available under this part. 
60 

•S 105 IS 

1 ‘‘(B) EXTENDED AVAILABILITY OF FY 2005

2 FUNDS.—Funds appropriated under this para3 graph for fiscal year 2005 shall remain avail4 able to the Secretary through fiscal year 2006, 

5 for use in accordance with this paragraph for 

6 fiscal year 2005. 

7 ‘‘(2) SET ASIDE FOR DEMONSTRATION

8 PROJECTS FOR COORDINATION OF PROVISION OF

9 CHILD WELFARE AND TANF SERVICES TO TRIBAL

10 FAMILIES AT RISK OF CHILD ABUSE OR NEGLECT.— 

11 ‘‘(A) IN GENERAL.—Of the amounts made 

12 available under paragraph (1) for a fiscal year, 

13 $2,000,000 shall be awarded on a competitive 

14 basis to fund demonstration projects designed 

15 to test the effectiveness of tribal governments 

16 or tribal consortia in coordinating the provision 

17 to tribal families at risk of child abuse or ne18 glect of child welfare services and services 

19 under tribal programs funded under this part. 

20 ‘‘(B) USE OF FUNDS.—A grant made to 

21 such a project shall be used— 

22 ‘‘(i) to improve case management for 

23 families eligible for assistance from such a 

24 tribal program; 
61 

•S 105 IS 

1 ‘‘(ii) for supportive services and as2 sistance to tribal children in out-of-home 

3 placements and the tribal families caring 

4 for such children, including families who 

5 adopt such children; and 

6 ‘‘(iii) for prevention services and as7 sistance to tribal families at risk of child 

8 abuse and neglect. 

9 ‘‘(C) REPORTS.—The Secretary may re10 quire a recipient of funds awarded under this 

11 paragraph to provide the Secretary with such 

12 information as the Secretary deems relevant to 

13 enable the Secretary to facilitate and oversee 

14 the administration of any project for which 

15 funds are provided under this paragraph.’’. 

16 (2) EFFECTIVE DATE.—The amendment made 

17 by paragraph (1) shall take effect on the date of the 

18 enactment of this Act. 

19 (b) FUNDING OF STUDIES AND DEMONSTRATIONS.— 

20 Section 413(h)(1) (42 U.S.C. 613(h)(1)) is amended in 

21 the matter preceding subparagraph (A) by striking ‘‘1997 

22 through 2002’’ and inserting ‘‘2006 through 2010’’. 

23 (c) REPORT ON ENFORCEMENT OF CERTAIN AFFIDA24 VITS OF SUPPORT AND SPONSOR DEEMING.—Not later 

25 than March 31, 2006, the Secretary of Health and Human 
62 

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1 Services, in consultation with the Attorney General, shall 

2 submit to the Congress a report on the enforcement of 

3 affidavits of support and sponsor deeming as required by 

4 section 421, 422, and 432 of the Personal Responsibility 

5 and Work Opportunity Reconciliation Act of 1996. 

6 (d) REPORT ON COORDINATION.—Not later than 6 

7 months after the date of the enactment of this Act, the 

8 Secretary of Health and Human Services and the Sec9 retary of Labor shall jointly submit a report to the Con10 gress describing common or conflicting data elements, 

11 definitions, performance measures, and reporting require12 ments in the Workforce Investment Act of 1998 and part 

13 A of title IV of the Social Security Act, and, to the degree 

14 each Secretary deems appropriate, at the discretion of ei15 ther Secretary, any other program administered by the re16 spective Secretary, to allow greater coordination between 

17 the welfare and workforce development systems. 

18 SEC. 116. STUDIES BY THE CENSUS BUREAU AND THE GOV19 ERNMENT ACCOUNTABILITY OFFICE. 

20 (a) CENSUS BUREAU STUDY.— 

21 (1) IN GENERAL.—Section 414(a) (42 U.S.C. 

22 614(a)) is amended to read as follows: 

23 ‘‘(a) IN GENERAL.—The Bureau of the Census shall 

24 implement or enhance a longitudinal survey of program 

25 participation, developed in consultation with the Secretary 
63 

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1 and made available to interested parties, to allow for the 

2 assessment of the outcomes of continued welfare reform 

3 on the economic and child well-being of low-income fami4 lies with children, including those who received assistance 

5 or services from a State program funded under this part, 

6 and, to the extent possible, shall provide State representa7 tive samples. The content of the survey should include 

8 such information as may be necessary to examine the 

9 issues of out-of-wedlock childbearing, marriage, welfare 

10 dependency and compliance with work requirements, the 

11 beginning and ending of spells of assistance, work, earn12 ings and employment stability, and the well-being of chil13 dren.’’. 

14 (2) APPROPRIATION.—Section 414(b) (42 

15 U.S.C. 614(b)) is amended— 

16 (A) by striking ‘‘1996,’’ and all that fol17 lows through ‘‘2003’’ and inserting ‘‘2006 

18 through 2010’’; and 

19 (B) by adding at the end the following: 

20 ‘‘Funds appropriated under this subsection 

21 shall remain available through fiscal year 2010 

22 to carry out subsection (a).’’. 

23 (b) GAO STUDY.— 

24 (1) IN GENERAL.—The Comptroller General of 

25 the United States shall conduct a study to determine 
64 

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1 the combined effect of the phase-out rates for Fed2 eral programs and policies which provide support to 

3 low-income families and individuals as they move 

4 from welfare to work, at all earning levels up to 

5 $35,000 per year, for at least 5 States including 

6 Wisconsin and California, and any potential dis7 incentives the combined phase-out rates create for 

8 families to achieve independence or to marry. 

9 (2) REPORT.—Not later than 1 year after the 

10 date of the enactment of this subsection, the Comp11 troller General shall submit a report to Congress 

12 containing the results of the study conducted under 

13 this section and, as appropriate, any recommenda14 tions consistent with the results. 

15 SEC. 117. DEFINITION OF ASSISTANCE. 

16 (a) IN GENERAL.—Section 419 (42 U.S.C. 619) is 

17 amended by adding at the end the following: 

18 ‘‘(6) ASSISTANCE.— 

19 ‘‘(A) IN GENERAL.—The term ‘assistance’ 

20 means payment, by cash, voucher, or other 

21 means, to or for an individual or family for the 

22 purpose of meeting a subsistence need of the in23 dividual or family (including food, clothing, 

24 shelter, and related items, but not including 

25 costs of transportation or child care). 
65 

•S 105 IS 

1 ‘‘(B) EXCEPTION.—The term ‘assistance’ 

2 does not include a payment described in sub3 paragraph (A) to or for an individual or family 

4 on a short-term, nonrecurring basis (as defined 

5 by the State in accordance with regulations pre6 scribed by the Secretary).’’. 

7 (b) CONFORMING AMENDMENTS.— 

8 (1) Section 404(a)(1) (42 U.S.C. 604(a)(1)) is 

9 amended by striking ‘‘assistance’’ and inserting 

10 ‘‘aid’’. 

11 (2) Section 404(f) (42 U.S.C. 604(f)) is amend12 ed by striking ‘‘assistance’’ and inserting ‘‘benefits 

13 or services’’. 

14 (3) Section 408(a)(5)(B)(i) (42 U.S.C. 

15 608(a)(5)(B)(i)) is amended in the heading by strik16 ing ‘‘ASSISTANCE’’ and inserting ‘‘AID’’. 

17 (4) Section 413(d)(2) (42 U.S.C. 613(d)(2)) is 

18 amended by striking ‘‘assistance’’ and inserting 

19 ‘‘aid’’. 

20 SEC. 118. TECHNICAL CORRECTIONS. 

21 (a) Section 409(c)(2) (42 U.S.C. 609(c)(2)) is 

22 amended by inserting a comma after ‘‘appropriate’’. 

23 (b) Section 411(a)(1)(A)(ii)(III) (42 U.S.C. 

24 611(a)(1)(A)(ii)(III)) is amended by striking the last close 

25 parenthesis. 
66 

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1 (c) Section 413(j)(2)(A) (42 U.S.C. 613(j)(2)(A)) is 

2 amended by striking ‘‘section’’ and inserting ‘‘sections’’. 

3 (d)(1) Section 413 (42 U.S.C. 613) is amended by 

4 striking subsection (g) and redesignating subsections (h) 

5 through (j) and subsections (k) and (l) (as added by sec6 tions 112(c) and 115(a) of this Act, respectively) as sub7 sections (g) through (k), respectively. 

8 (2) Each of the following provisions is amended by 

9 striking ‘‘413(j)’’ and inserting ‘‘413(i)’’: 

10 (A) Section 403(a)(5)(A)(ii)(III) (42 U.S.C. 

11 603(a)(5)(A)(ii)(III)). 

12 (B) Section 403(a)(5)(F) (42 U.S.C. 

13 603(a)(5)(F)). 

14 (C) Section 403(a)(5)(G)(ii) (42 U.S.C. 

15 603(a)(5)(G)(ii)). 

16 (D) Section 412(a)(3)(B)(iv) (42 U.S.C. 

17 612(a)(3)(B)(iv)). 

18 SEC. 119. FATHERHOOD PROGRAM. 

19 (a) SHORT TITLE.—This section may be cited as the 

20 ‘‘Promotion and Support of Responsible Fatherhood and 

21 Healthy Marriage Act of 2005’’. 

22 (b) FATHERHOOD PROGRAM.— 

23 (1) IN GENERAL.—Title I of the Personal Re24 sponsibility and Work Opportunity Reconciliation 
67 

•S 105 IS 

1 Act of 1996 (Public Law 104–193) is amended by 

2 adding at the end the following: 

3 ‘‘SEC. 117. FATHERHOOD PROGRAM. 

4 ‘‘(a) IN GENERAL.—Title IV (42 U.S.C. 601–679b) 

5 is amended by inserting after part B the following: 

6 ‘‘ ‘PART C—FATHERHOOD PROGRAM 

7 ‘‘ ‘SEC. 441. FINDINGS AND PURPOSES. 

8 ‘‘ ‘(a) FINDINGS.—The Congress finds that there is 

9 substantial evidence strongly indicating the urgent need 

10 to promote and support involved, committed, and respon11 sible fatherhood, and to encourage and support healthy 

12 marriages between parents raising children, including data 

13 demonstrating the following: 

14 ‘‘ ‘(1) In approximately 84 percent of cases 

15 where a parent is absent, that parent is the father. 

16 ‘‘ ‘(2) If current trends continue, half of all chil17 dren born today will live apart from one of their par18 ents, usually their father, at some point before they 

19 turn 18. 

20 ‘‘ ‘(3) Where families (whether intact or with a 

21 parent absent) are living in poverty, a significant 

22 factor is the father’s lack of job skills. 

23 ‘‘ ‘(4) Committed and responsible fathering dur24 ing infancy and early childhood contributes to the 
68 

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1 development of emotional security, curiosity, and 

2 math and verbal skills. 

3 ‘‘ ‘(5) An estimated 19,400,000 children (27 

4 percent) live apart from their biological father. 

5 ‘‘ ‘(6) Forty percent of children under age 18 

6 not living with their biological father had not seen 

7 their father even once in the last 12 months, accord8 ing to national survey data. 

9 ‘‘ ‘(b) PURPOSES.—The purposes of this part are: 

10 ‘‘ ‘(1) To provide for projects and activities by 

11 public entities and by nonprofit community entities, 

12 including religious organizations, designed to test 

13 promising approaches to accomplishing the following 

14 objectives: 

15 ‘‘ ‘(A) Promoting responsible, caring, and 

16 effective parenting through counseling, men17 toring, and parenting education, dissemination 

18 of educational materials and information on 

19 parenting skills, encouragement of positive fa20 ther involvement, including the positive involve21 ment of nonresident fathers, and other meth22 ods. 

23 ‘‘ ‘(B) Enhancing the abilities and commit24 ment of unemployed or low-income fathers to 

25 provide material support for their families and 
69 

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1 to avoid or leave welfare programs by assisting 

2 them to take full advantage of education, job 

3 training, and job search programs, to improve 

4 work habits and work skills, to secure career 

5 advancement by activities such as outreach and 

6 information dissemination, coordination, as ap7 propriate, with employment services and job 

8 training programs, including the One-Stop de9 livery system established under title I of the 

10 Workforce Investment Act of 1998, encourage11 ment and support of timely payment of current 

12 child support and regular payment toward past 

13 due child support obligations in appropriate 

14 cases, and other methods. 

15 ‘‘ ‘(C) Improving fathers’ ability to effec16 tively manage family business affairs by means 

17 such as education, counseling, and mentoring in 

18 matters including household management, 

19 budgeting, banking, and handling of financial 

20 transactions, time management, and home 

21 maintenance. 

22 ‘‘ ‘(D) Encouraging and supporting healthy 

23 marriages and married fatherhood through such 

24 activities as premarital education, including the 

25 use of premarital inventories, marriage prepara-
70 

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1 tion programs, skills-based marriage education 

2 programs, marital therapy, couples counseling, 

3 divorce education and reduction programs, di4 vorce mediation and counseling, relationship 

5 skills enhancement programs, including those 

6 designed to reduce child abuse and domestic vi7 olence, and dissemination of information about 

8 the benefits of marriage for both parents and 

9 children. 

10 ‘‘ ‘(2) Through the projects and activities de11 scribed in paragraph (1), to improve outcomes for 

12 children with respect to measures such as increased 

13 family income and economic security, improved 

14 school performance, better health, improved emo15 tional and behavioral stability and social adjustment, 

16 and reduced risk of delinquency, crime, substance 

17 abuse, child abuse and neglect, teen sexual activity, 

18 and teen suicide. 

19 ‘‘ ‘(3) To evaluate the effectiveness of various 

20 approaches and to disseminate findings concerning 

21 outcomes and other information in order to encour22 age and facilitate the replication of effective ap23 proaches to accomplishing these objectives. 
71 

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1 ‘‘ ‘SEC. 442. DEFINITIONS. 

2 ‘‘ ‘In this part, the terms ‘‘Indian tribe’’ and ‘‘tribal 

3 organization’’ have the meanings given them in sub4 sections (e) and (l), respectively, of section 4 of the Indian 

5 Self-Determination and Education Assistance Act. 

6 ‘‘ ‘SEC. 443. COMPETITIVE GRANTS FOR SERVICE PROJECTS. 

7 ‘‘ ‘(a) IN GENERAL.—The Secretary may make 

8 grants for fiscal years 2006 through 2010 to public and 

9 nonprofit community entities, including religious organiza10 tions, and to Indian tribes and tribal organizations, for 

11 demonstration service projects and activities designed to 

12 test the effectiveness of various approaches to accomplish 

13 the objectives specified in section 441(b)(1). 

14 ‘‘ ‘(b) ELIGIBILITY CRITERIA FOR FULL SERVICE

15 GRANTS.—In order to be eligible for a grant under this 

16 section, except as specified in subsection (c), an entity 

17 shall submit an application to the Secretary containing the 

18 following: 

19 ‘‘ ‘(1) PROJECT DESCRIPTION.—A statement in20 cluding— 

21 ‘‘ ‘(A) a description of the project and how 

22 it will be carried out, including the geographical 

23 area to be covered and the number and charac24 teristics of clients to be served, and how it will 

25 address each of the 4 objectives specified in sec26 tion 441(b)(1); and 
72 

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1 ‘‘ ‘(B) a description of the methods to be 

2 used by the entity or its contractor to assess 

3 the extent to which the project was successful 

4 in accomplishing its specific objectives and the 

5 general objectives specified in section 441(b)(1). 

6 ‘‘ ‘(2) EXPERIENCE AND QUALIFICATIONS.—A 

7 demonstration of ability to carry out the project, by 

8 means such as demonstration of experience in suc9 cessfully carrying out projects of similar design and 

10 scope, and such other information as the Secretary 

11 may find necessary to demonstrate the entity’s ca12 pacity to carry out the project, including the entity’s 

13 ability to provide the non-Federal share of project 

14 resources. 

15 ‘‘ ‘(3) ADDRESSING CHILD ABUSE AND NE16 GLECT AND DOMESTIC VIOLENCE.—A description of 

17 how the entity will assess for the presence of, and 

18 intervene to resolve, domestic violence and child 

19 abuse and neglect, including how the entity will co20 ordinate with State and local child protective service 

21 and domestic violence programs. 

22 ‘‘ ‘(4) ADDRESSING CONCERNS RELATING TO

23 SUBSTANCE ABUSE AND SEXUAL ACTIVITY.—A com24 mitment to make available to each individual partici25 pating in the project education about alcohol, to-
73 

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1 bacco, and other drugs, and about the health risks 

2 associated with abusing such substances, and infor3 mation about diseases and conditions transmitted 

4 through substance abuse and sexual contact, includ5 ing HIV/AIDS, and to coordinate with providers of 

6 services addressing such problems, as appropriate. 

7 ‘‘ ‘(5) COORDINATION WITH SPECIFIED PRO8 GRAMS.—An undertaking to coordinate, as appro9 priate, with State and local entities responsible for 

10 the programs under parts A, B, and D of this title, 

11 including programs under title I of the Workforce 

12 Investment Act of 1998 (including the One-Stop de13 livery system), and such other programs as the Sec14 retary may require. 

15 ‘‘ ‘(6) RECORDS, REPORTS, AND AUDITS.—An 

16 agreement to maintain such records, make such re17 ports, and cooperate with such reviews or audits as 

18 the Secretary may find necessary for purposes of 

19 oversight of project activities and expenditures. 

20 ‘‘ ‘(7) SELF-INITIATED EVALUATION.—If the 

21 entity elects to contract for independent evaluation 

22 of the project (part or all of the cost of which may 

23 be paid for using grant funds), a commitment to 

24 submit to the Secretary a copy of the evaluation re25 port within 30 days after completion of the report 
74 

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1 and not more than 1 year after completion of the 

2 project. 

3 ‘‘ ‘(8) COOPERATION WITH SECRETARY’S OVER4 SIGHT AND EVALUATION.—An agreement to cooper5 ate with the Secretary’s evaluation of projects as6 sisted under this section, by means including ran7 dom assignment of clients to service recipient and 

8 control groups, if determined by the Secretary to be 

9 appropriate, and affording the Secretary access to 

10 the project and to project-related records and docu11 ments, staff, and clients. 

12 ‘‘ ‘(c) ELIGIBILITY CRITERIA FOR LIMITED PURPOSE

13 GRANTS.—In order to be eligible for a grant under this 

14 section in an amount under $25,000 per fiscal year, an 

15 entity shall submit an application to the Secretary con16 taining the following: 

17 ‘‘ ‘(1) PROJECT DESCRIPTION.—A description of 

18 the project and how it will be carried out, including 

19 the number and characteristics of clients to be 

20 served, the proposed duration of the project, and 

21 how it will address at least 1 of the 4 objectives 

22 specified in section 441(b)(1). 

23 ‘‘ ‘(2) QUALIFICATIONS.—Such information as 

24 the Secretary may require as to the capacity of the 
75 

•S 105 IS 

1 entity to carry out the project, including any pre2 vious experience with similar activities. 

3 ‘‘ ‘(3) COORDINATION WITH RELATED PRO4 GRAMS.—As required by the Secretary in appro5 priate cases, an undertaking to coordinate and co6 operate with State and local entities responsible for 

7 specific programs relating to the objectives of the 

8 project including, as appropriate, jobs programs and 

9 programs serving children and families. 

10 ‘‘ ‘(4) RECORDS, REPORTS, AND AUDITS.—An 

11 agreement to maintain such records, make such re12 ports, and cooperate with such reviews or audits as 

13 the Secretary may find necessary for purposes of 

14 oversight of project activities and expenditures. 

15 ‘‘ ‘(5) COOPERATION WITH SECRETARY’S OVER16 SIGHT AND EVALUATION.—An agreement to cooper17 ate with the Secretary’s evaluation of projects as18 sisted under this section, by means including afford19 ing the Secretary access to the project and to 

20 project-related records and documents, staff, and cli21 ents. 

22 ‘‘ ‘(d) CONSIDERATIONS IN AWARDING GRANTS.— 

23 ‘‘ ‘(1) DIVERSITY OF PROJECTS.—In awarding 

24 grants under this section, the Secretary shall seek to 

25 achieve a balance among entities of differing sizes, 
76 

•S 105 IS 

1 entities in differing geographic areas, entities in 

2 urban and in rural areas, and entities employing dif3 fering methods of achieving the purposes of this sec4 tion, including working with the State agency re5 sponsible for the administration of part D to help fa6 thers satisfy child support arrearage obligations. 

7 ‘‘ ‘(2) PREFERENCE FOR PROJECTS SERVING

8 LOW-INCOME FATHERS.—In awarding grants under 

9 this section, the Secretary may give preference to 

10 applications for projects in which a majority of the 

11 clients to be served are low-income fathers. 

12 ‘‘ ‘(e) FEDERAL SHARE.— 

13 ‘‘ ‘(1) IN GENERAL.—Grants for a project under 

14 this section for a fiscal year shall be available for a 

15 share of the cost of such project in such fiscal year 

16 equal to— 

17 ‘‘ ‘(A) up to 80 percent (or up to 90 per18 cent, if the entity demonstrates to the Sec19 retary’s satisfaction circumstances limiting the 

20 entity’s ability to secure non-Federal resources) 

21 in the case of a project under subsection (b); 

22 and 

23 ‘‘ ‘(B) up to 100 percent, in the case of a 

24 project under subsection (c). 
77 

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1 ‘‘ ‘(2) NON-FEDERAL SHARE.—The non-Federal 

2 share may be in cash or in kind. In determining the 

3 amount of the non-Federal share, the Secretary may 

4 attribute fair market value to goods, services, and 

5 facilities contributed from non-Federal sources. 

6 ‘‘ ‘SEC. 444. MULTICITY, MULTISTATE DEMONSTRATION 

7 PROJECTS. 

8 ‘‘ ‘(a) IN GENERAL.—The Secretary may make 

9 grants under this section for fiscal years 2006 through 

10 2010 to eligible entities (as specified in subsection (b)) for 

11 2 multicity, multistate projects demonstrating approaches 

12 to achieving the objectives specified in section 441(b)(1). 

13 One of the projects shall test the use of married couples 

14 to deliver program services. 

15 ‘‘ ‘(b) ELIGIBLE ENTITIES.—An entity eligible for a 

16 grant under this section must be a national nonprofit fa17 therhood promotion organization that meets the following 

18 requirements: 

19 ‘‘ ‘(1) EXPERIENCE WITH FATHERHOOD PRO20 GRAMS.—The organization must have substantial ex21 perience in designing and successfully conducting 

22 programs that meet the purposes described in sec23 tion 441. 

24 ‘‘ ‘(2) EXPERIENCE WITH MULTICITY, 

25 MULTISTATE PROGRAMS AND GOVERNMENT COORDI-
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•S 105 IS 

1 NATION.—The organization must have experience in 

2 simultaneously conducting such programs in more 

3 than 1 major metropolitan area in more than 1 

4 State and in coordinating such programs, where ap5 propriate, with State and local government agencies 

6 and private, nonprofit agencies (including commu7 nity-based and religious organizations), including 

8 State or local agencies responsible for child support 

9 enforcement and workforce development. 

10 ‘‘ ‘(c) APPLICATION REQUIREMENTS.—In order to be 

11 eligible for a grant under this section, an entity must sub12 mit to the Secretary an application that includes the fol13 lowing: 

14 ‘‘ ‘(1) QUALIFICATIONS.— 

15 ‘‘ ‘(A) ELIGIBLE ENTITY.—A demonstra16 tion that the entity meets the requirements of 

17 subsection (b). 

18 ‘‘ ‘(B) OTHER.—Such other information as 

19 the Secretary may find necessary to dem20 onstrate the entity’s capacity to carry out the 

21 project, including the entity’s ability to provide 

22 the non-Federal share of project resources. 

23 ‘‘ ‘(2) PROJECT DESCRIPTION.—A description of 

24 and commitments concerning the project design, in25 cluding the following: 
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•S 105 IS 

1 ‘‘ ‘(A) IN GENERAL.—A detailed descrip2 tion of the proposed project design and how it 

3 will be carried out, which shall— 

4 ‘‘ ‘(i) provide for the project to be con5 ducted in at least 3 major metropolitan 

6 areas; 

7 ‘‘ ‘(ii) state how it will address each of 

8 the 4 objectives specified in section 

9 441(b)(1); 

10 ‘‘ ‘(iii) demonstrate that there is a suf11 ficient number of potential clients to allow 

12 for the random selection of individuals to 

13 participate in the project and for compari14 sons with appropriate control groups com15 posed of individuals who have not partici16 pated in such projects; and 

17 ‘‘ ‘(iv) demonstrate that the project is 

18 designed to direct a majority of project re19 sources to activities serving low-income fa20 thers (but the project need not make serv21 ices available on a means-tested basis). 

22 ‘‘ ‘(B) OVERSIGHT, EVALUATION, AND AD23 JUSTMENT COMPONENT.—An agreement that 

24 the entity— 
80 

•S 105 IS 

1 ‘‘ ‘(i) in consultation with the eval2 uator selected pursuant to section 445, and 

3 as required by the Secretary, will modify 

4 the project design, initially and (if nec5 essary) subsequently throughout the dura6 tion of the project, in order to facilitate on7 going and final oversight and evaluation of 

8 project operation and outcomes (by means 

9 including, to the maximum extent feasible, 

10 random assignment of clients to service re11 cipient and control groups), and to provide 

12 for mid-course adjustments in project de13 sign indicated by interim evaluations; 

14 ‘‘ ‘(ii) will submit to the Secretary re15 vised descriptions of the project design as 

16 modified in accordance with clause (i); and 

17 ‘‘ ‘(iii) will cooperate fully with the 

18 Secretary’s ongoing oversight and ongoing 

19 and final evaluation of the project, by 

20 means including affording the Secretary 

21 access to the project and to project-related 

22 records and documents, staff, and clients. 

23 ‘‘ ‘(3) ADDRESSING CHILD ABUSE AND NE24 GLECT AND DOMESTIC VIOLENCE.—A description of 

25 how the entity will assess for the presence of, and 
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•S 105 IS 

1 intervene to resolve, domestic violence and child 

2 abuse and neglect, including how the entity will co3 ordinate with State and local child protective service 

4 and domestic violence programs. 

5 ‘‘ ‘(4) ADDRESSING CONCERNS RELATING TO

6 SUBSTANCE ABUSE AND SEXUAL ACTIVITY.—A com7 mitment to make available to each individual partici8 pating in the project education about alcohol, to9 bacco, and other drugs, and about the health risks 

10 associated with abusing such substances, and infor11 mation about diseases and conditions transmitted 

12 through substance abuse and sexual contact, includ13 ing HIV/AIDS, and to coordinate with providers of 

14 services addressing such problems, as appropriate. 

15 ‘‘ ‘(5) COORDINATION WITH SPECIFIED PRO16 GRAMS.—An undertaking to coordinate, as appro17 priate, with State and local entities responsible for 

18 the programs funded under parts A, B, and D of 

19 this title, programs under title I of the Workforce 

20 Investment Act of 1998 (including the One-Stop de21 livery system), and such other programs as the Sec22 retary may require. 

23 ‘‘ ‘(6) RECORDS, REPORTS, AND AUDITS.—An 

24 agreement to maintain such records, make such re25 ports, and cooperate with such reviews or audits (in 
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1 addition to those required under the preceding provi2 sions of paragraph (2)) as the Secretary may find 

3 necessary for purposes of oversight of project activi4 ties and expenditures. 

5 ‘‘ ‘(d) FEDERAL SHARE.— 

6 ‘‘ ‘(1) IN GENERAL.—Grants for a project under 

7 this section for a fiscal year shall be available for up 

8 to 80 percent of the cost of such project in such fis9 cal year. 

10 ‘‘ ‘(2) NON-FEDERAL SHARE.—The non-Federal 

11 share may be in cash or in kind. In determining the 

12 amount of the non-Federal share, the Secretary may 

13 attribute fair market value to goods, services, and 

14 facilities contributed from non-Federal sources. 

15 ‘‘ ‘SEC. 445. EVALUATION. 

16 ‘‘ ‘(a) IN GENERAL.—The Secretary, directly or by 

17 contract or cooperative agreement, shall evaluate the effec18 tiveness of service projects funded under sections 443 and 

19 444 from the standpoint of the purposes specified in sec20 tion 441(b)(1). 

21 ‘‘ ‘(b) EVALUATION METHODOLOGY.—Evaluations 

22 under this section shall— 

23 ‘‘ ‘(1) include, to the maximum extent feasible, 

24 random assignment of clients to service delivery and 

25 control groups and other appropriate comparisons of 
83 

•S 105 IS 

1 groups of individuals receiving and not receiving 

2 services; 

3 ‘‘ ‘(2) describe and measure the effectiveness of 

4 the projects in achieving their specific project goals; 

5 and 

6 ‘‘ ‘(3) describe and assess, as appropriate, the 

7 impact of such projects on marriage, parenting, do8 mestic violence, child abuse and neglect, money man9 agement, employment and earnings, payment of 

10 child support, and child well-being, health, and edu11 cation. 

12 ‘‘ ‘(c) EVALUATION REPORTS.—The Secretary shall 

13 publish the following reports on the results of the evalua14 tion: 

15 ‘‘ ‘(1) An implementation evaluation report cov16 ering the first 24 months of the activities under this 

17 part to be completed by 36 months after initiation 

18 of such activities. 

19 ‘‘ ‘(2) A final report on the evaluation to be 

20 completed by September 30, 2013. 

21 ‘‘ ‘SEC. 446. PROJECTS OF NATIONAL SIGNIFICANCE. 

22 ‘‘ ‘The Secretary is authorized, by grant, contract, or 

23 cooperative agreement, to carry out projects and activities 

24 of national significance relating to fatherhood promotion, 

25 including— 
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•S 105 IS 

1 ‘‘ ‘(1) COLLECTION AND DISSEMINATION OF IN2 FORMATION.—Assisting States, communities, and 

3 private entities, including religious organizations, in 

4 efforts to promote and support marriage and respon5 sible fatherhood by collecting, evaluating, developing, 

6 and making available (through the Internet and by 

7 other means) to all interested parties information re8 garding approaches to accomplishing the objectives 

9 specified in section 441(b)(1). 

10 ‘‘ ‘(2) MEDIA CAMPAIGN.—Developing, pro11 moting, and distributing to interested States, local 

12 governments, public agencies, and private nonprofit 

13 organizations, including charitable and religious or14 ganizations, a media campaign that promotes and 

15 encourages involved, committed, and responsible fa16 therhood and married fatherhood. 

17 ‘‘ ‘(3) TECHNICAL ASSISTANCE.—Providing 

18 technical assistance, including consultation and 

19 training, to public and private entities, including 

20 community organizations and faith-based organiza21 tions, in the implementation of local fatherhood pro22 motion programs. 

23 ‘‘ ‘(4) RESEARCH.—Conducting research related 

24 to the purposes of this part. 
85 

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1 ‘‘ ‘SEC. 447. NONDISCRIMINATION. 

2 ‘‘ ‘The projects and activities assisted under this part 

3 shall be available on the same basis to all fathers and ex4 pectant fathers able to benefit from such projects and ac5 tivities, including married and unmarried fathers and cus6 todial and noncustodial fathers, with particular attention 

7 to low-income fathers, and to mothers and expectant 

8 mothers on the same basis as to fathers. 

9 ‘‘ ‘SEC. 448. AUTHORIZATION OF APPROPRIATIONS; RES10 ERVATION FOR CERTAIN PURPOSE. 

11 ‘‘ ‘(a) AUTHORIZATION.—There are authorized to be 

12 appropriated $20,000,000 for each of fiscal years 2006 

13 through 2010 to carry out the provisions of this part. 

14 ‘‘ ‘(b) RESERVATION.—Of the amount appropriated 

15 under this section for each fiscal year, not more than 15 

16 percent shall be available for the costs of the multicity, 

17 multicounty, multistate demonstration projects under sec18 tion 444, evaluations under section 445, and projects of 

19 national significance under section 446.’. 

20 ‘‘(b) INAPPLICABILITY OF EFFECTIVE DATE PROVI21 SIONS.—Section 116 shall not apply to the amendment 

22 made by subsection (a) of this section.’’. 

23 (2) CLERICAL AMENDMENT.—Section 2 of such 

24 Act is amended in the table of contents by inserting 
86 

•S 105 IS 

1 after the item relating to section 116 the following 

2 new item: 

‘‘117. Fatherhood program.’’. 

3 SEC. 120. STATE OPTION TO MAKE TANF PROGRAMS MAN4 DATORY PARTNERS WITH ONE-STOP EMPLOY5 MENT TRAINING CENTERS. 

6 Section 408 of the Social Security Act (42 U.S.C. 

7 608) is amended by adding at the end the following: 

8 ‘‘(h) STATE OPTION TO MAKE TANF PROGRAMS

9 MANDATORY PARTNERS WITH ONE-STOP EMPLOYMENT

10 TRAINING CENTERS.—For purposes of section 121(b) of 

11 the Workforce Investment Act of 1998, a State program 

12 funded under part A of title IV of the Social Security Act 

13 shall be considered a program referred to in paragraph 

14 (1)(B) of such section, unless, after the date of the enact15 ment of this subsection, the Governor of the State notifies 

16 the Secretaries of Health and Human Services and Labor 

17 in writing of the decision of the Governor not to make 

18 the State program a mandatory partner.’’. 

19 SEC. 121. SENSE OF THE CONGRESS. 

20 It is the sense of the Congress that a State welfare21 to-work program should include a mentoring program. 

22 SEC. 122. EXTENSION THROUGH FISCAL YEAR 2005. 

23 (a) IN GENERAL.—Except as otherwise provided in 

24 this Act and the amendments made by this Act, activities 

25 authorized by part A of title IV of the Social Security Act, 
87 

•S 105 IS 

1 and by sections 429A, 1108(b), and 1130(a) of such Act, 

2 shall continue through September 30, 2005, in the manner 

3 authorized for fiscal year 2004, and out of any money in 

4 the Treasury of the United States not otherwise appro5 priated, there are hereby appropriated such sums as may 

6 be necessary for such purpose. Grants and payments may 

7 be made pursuant to this authority through the fourth 

8 quarter of fiscal year 2005 at the level provided for such 

9 activities through the fourth quarter of fiscal year 2004, 

10 except that in the case of section 403(a)(4) of such Act, 

11 the level shall be $100,000,000. 

12 (b) EFFECTIVE DATE.—Subsection (a) shall take ef13 fect on the date of the enactment of this Act. 

14 TITLE II—CHILD CARE 

15 SEC. 201. SHORT TITLE. 

16 This title may be cited as the ‘‘Caring for Children 

17 Act of 2005’’. 

18 SEC. 202. GOALS. 

19 (a) GOALS.—Section 658A(b) of the Child Care and 

20 Development Block Grant Act of 1990 (42 U.S.C. 9801 

21 note) is amended— 

22 (1) in paragraph (3) by striking ‘‘encourage’’ 

23 and inserting ‘‘assist’’, 

24 (2) by amending paragraph (4) to read as fol25 lows: 
88 

•S 105 IS 

1 ‘‘(4) to assist States to provide child care to 

2 low-income parents;’’, 

3 (3) by redesignating paragraph (5) as para4 graph (7), and 

5 (4) by inserting after paragraph (4) the fol6 lowing: 

7 ‘‘(5) to encourage States to improve the quality 

8 of child care available to families; 

9 ‘‘(6) to promote school readiness by encour10 aging the exposure of young children in child care to 

11 nurturing environments and developmentally-appro12 priate activities, including activities to foster early 

13 cognitive and literacy development; and’’. 

14 (b) CONFORMING AMENDMENT.—Section 

15 658E(c)(3)(B) of the Child Care and Development Block 

16 Grant Act of 1990 (42 U.S.C. 9858c(c)(3)(B)) is amended 

17 by striking ‘‘through (5)’’ and inserting ‘‘through (7)’’. 

18 SEC. 203. AUTHORIZATION OF APPROPRIATIONS. 

19 Section 658B of the Child Care and Development 

20 Block Grant Act of 1990 (42 U.S.C. 9858) is amended— 

21 (1) by striking ‘‘is’’ and inserting ‘‘are’’, and 

22 (2) by striking ‘‘$1,000,000,000 for each of the 

23 fiscal years 1996 through 2002’’ and inserting 

24 ‘‘$2,100,000,000 for fiscal year 2005, 

25 $2,300,000,000 for fiscal year 2006, 
89 

•S 105 IS 

1 $2,500,000,000 for fiscal year 2007, 

2 $2,700,000,000 for fiscal year 2008, 

3 $2,900,000,000 for fiscal year 2009, and 

4 $3,100,000,000 for fiscal year 2010’’. 

5 SEC. 204. APPLICATION AND PLAN. 

6 Section 658E(c)(2) of the Child Care and Develop7 ment Block Grant Act of 1990 (42 U.S.C. 9858C(c)(2)) 

8 is amended— 

9 (1) by amending subparagraph (D) to read as 

10 follows: 

11 ‘‘(D) CONSUMER AND CHILD CARE PRO12 VIDER EDUCATION INFORMATION.—Certify that 

13 the State will collect and disseminate, through 

14 resource and referral services and other means 

15 as determined by the State, to parents of eligi16 ble children, child care providers, and the gen17 eral public, information regarding— 

18 ‘‘(i) the promotion of informed child 

19 care choices, including information about 

20 the quality and availability of child care 

21 services; 

22 ‘‘(ii) research and best practices on 

23 children’s development, including early cog24 nitive development; 
90 

•S 105 IS 

1 ‘‘(iii) the availability of assistance to 

2 obtain child care services; and 

3 ‘‘(iv) other programs for which fami4 lies that receive child care services for 

5 which financial assistance is provided 

6 under this subchapter may be eligible, in7 cluding the food stamp program, the WIC 

8 program under section 17 of the Child Nu9 trition Act of 1966, the child and adult 

10 care food program under section 17 of the 

11 Richard B. Russell National School Lunch 

12 Act, and the medicaid and SCHIP pro13 grams under titles XIX and XXI of the 

14 Social Security Act.’’, and 

15 (2) by inserting after subparagraph (H) the fol16 lowing: 

17 ‘‘(I) COORDINATION WITH OTHER EARLY

18 CHILD CARE SERVICES AND EARLY CHILDHOOD

19 EDUCATION PROGRAMS.—Demonstrate how the 

20 State is coordinating child care services pro21 vided under this subchapter with Head Start, 

22 Early Reading First, Even Start, Ready-To23 Learn Television, State pre-kindergarten pro24 grams, and other early childhood education pro25 grams to expand accessibility to and continuity 
91 

•S 105 IS 

1 of care and early education without displacing 

2 services provided by the current early care and 

3 education delivery system. 

4 ‘‘(J) PUBLIC-PRIVATE PARTNERSHIPS.— 

5 Demonstrate how the State encourages partner6 ships with private and other public entities to 

7 leverage existing service delivery systems of 

8 early childhood education and increase the sup9 ply and quality of child care services. 

10 ‘‘(K) CHILD CARE SERVICE QUALITY.— 

11 ‘‘(i) CERTIFICATION.—For each fiscal 

12 year after fiscal year 2006, certify that 

13 during the then preceding fiscal year the 

14 State was in compliance with section 658G 

15 and describe how funds were used to com16 ply with such section during such pre17 ceding fiscal year. 

18 ‘‘(ii) STRATEGY.—For each fiscal year 

19 after fiscal year 2006, contain an outline 

20 of the strategy the State will implement 

21 during such fiscal year for which the State 

22 plan is submitted, to address the quality of 

23 child care services in the State available to 

24 low-income parents from eligible child care 

25 providers, and include in such strategy— 
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•S 105 IS 

1 ‘‘(I) a statement specifying how 

2 the State will address the activities 

3 described in paragraphs (1), (2), and 

4 (3) of section 658G; 

5 ‘‘(II) a description of quantifi6 able, objective measures for evaluating 

7 the quality of child care services sepa8 rately with respect to the activities 

9 listed in each of such paragraphs that 

10 the State will use to evaluate its 

11 progress in improving the quality of 

12 such child care services; 

13 ‘‘(III) a list of State-developed 

14 child care service quality targets for 

15 such fiscal year quantified on the 

16 basis of such measures; and 

17 ‘‘(IV) for each fiscal year after 

18 fiscal year 2006, a report on the 

19 progress made to achieve such targets 

20 during the then preceding fiscal year. 

21 ‘‘(iii) RULE OF CONSTRUCTION.— 

22 Nothing in this subparagraph shall be con23 strued to require that the State apply 

24 measures for evaluating quality to specific 

25 types of child care providers. 
93 

•S 105 IS 

1 ‘‘(L) ACCESS TO CARE FOR CERTAIN POPU2 LATIONS.—Demonstrate how the State is ad3 dressing the child care needs of parents eligible 

4 for child care services for which financial assist5 ance is provided under this subchapter who 

6 have children with special needs, work nontradi7 tional hours, or require child care services for 

8 infants or toddlers.’’. 

9 SEC. 205. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD 

10 CARE. 

11 Section 658G of the Child Care and Development 

12 Block Grant Act of 1990 (42 U.S.C. 9858e) is amended 

13 to read as follows: 

14 ‘‘SEC. 658G. ACTIVITIES TO IMPROVE THE QUALITY OF 

15 CHILD CARE SERVICES. 

16 ‘‘A State that receives funds to carry out this sub17 chapter for a fiscal year, shall use not less than 6 percent 

18 of the amount of such funds for activities provided 

19 through resource and referral services or other means, 

20 that are designed to improve the quality of child care serv21 ices in the State available to low-income parents from eli22 gible child care providers. Such activities include— 

23 ‘‘(1) programs that provide training, education, 

24 and other professional development activities to en25 hance the skills of the child care workforce, includ-
94 

•S 105 IS 

1 ing training opportunities for caregivers in informal 

2 care settings; 

3 ‘‘(2) activities within child care settings to en4 hance early learning for young children, to promote 

5 early literacy, and to foster school readiness; 

6 ‘‘(3) initiatives to increase the retention and 

7 compensation of child care providers, including 

8 tiered reimbursement rates for providers that meet 

9 quality standards as defined by the State; or 

10 ‘‘(4) other activities deemed by the State to im11 prove the quality of child care services provided in 

12 such State.’’. 

13 SEC. 206. REPORT BY SECRETARY. 

14 Section 658L of the Child Care and Development 

15 Block Grant Act of 1990 (42 U.S.C. 9858j) is amended 

16 to read as follows: 

17 ‘‘SEC. 658L. REPORT BY SECRETARY. 

18 ‘‘(a) REPORT REQUIRED.—Not later than October 1, 

19 2007, and biennially thereafter, the Secretary shall pre20 pare and submit to the Committee on Education and the 

21 Workforce of the House of Representatives and the Com22 mittee on Health, Education, Labor and Pensions of the 

23 Senate a report that contains the following: 
95 

•S 105 IS 

1 ‘‘(1) A summary and analysis of the data and 

2 information provided to the Secretary in the State 

3 reports submitted under section 658K. 

4 ‘‘(2) Aggregated statistics on the supply of, de5 mand for, and quality of child care, early education, 

6 and non-school-hours programs. 

7 ‘‘(3) An assessment, and where appropriate, 

8 recommendations for the Congress concerning ef9 forts that should be undertaken to improve the ac10 cess of the public to quality and affordable child care 

11 in the United States. 

12 ‘‘(b) COLLECTION OF INFORMATION.—The Secretary 

13 may utilize the national child care data system available 

14 through resource and referral organizations at the local, 

15 State, and national level to collect the information re16 quired by subsection (a)(2).’’ 

17 SEC. 207. DEFINITIONS. 

18 Section 658P(4)(B) of the Child Care and Develop19 ment Block Grant Act of 1990 (42 U.S.C. 9858N(4)(B)) 

20 is amended by striking ‘‘85 percent of the State median 

21 income’’ and inserting ‘‘income levels as established by the 

22 State, prioritized by need,’’. 

23 SEC. 208. ENTITLEMENT FUNDING. 

24 Section 418(a)(3) (42 U.S.C. 618(a)(3)) is amend25 ed— 
96 

•S 105 IS 

1 (1) by striking ‘‘and’’ at the end of subpara2 graph (E); 

3 (2) by striking the period at the end of sub4 paragraph (F) and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(G) $2,917,000,000 for each of fiscal 

7 years 2006 through 2010.’’. 

8 TITLE III—CHILD SUPPORT 

9 SEC. 301. FEDERAL MATCHING FUNDS FOR LIMITED PASS 

10 THROUGH OF CHILD SUPPORT PAYMENTS TO 

11 FAMILIES RECEIVING TANF. 

12 (a) IN GENERAL.—Section 457(a) (42 U.S.C. 

13 657(a)) is amended— 

14 (1) in paragraph (1)(A), by inserting ‘‘subject 

15 to paragraph (7)’’ before the semicolon; and 

16 (2) by adding at the end the following: 

17 ‘‘(7) FEDERAL MATCHING FUNDS FOR LIMITED

18 PASS THROUGH OF CHILD SUPPORT PAYMENTS TO

19 FAMILIES RECEIVING TANF.—Notwithstanding para20 graph (1), a State shall not be required to pay to 

21 the Federal Government the Federal share of an 

22 amount collected during a month on behalf of a fam23 ily that is a recipient of assistance under the State 

24 program funded under part A, to the extent that— 
97 

•S 105 IS 

1 ‘‘(A) the State distributes the amount to 

2 the family; 

3 ‘‘(B) the total of the amounts so distrib4 uted to the family during the month— 

5 ‘‘(i) exceeds the amount (if any) that, 

6 as of December 31, 2001, was required 

7 under State law to be distributed to a fam8 ily under paragraph (1)(B); and 

9 ‘‘(ii) does not exceed the greater of— 

10 ‘‘(I) $100; or 

11 ‘‘(II) $50 plus the amount de12 scribed in clause (i); and 

13 ‘‘(C) the amount is disregarded in deter14 mining the amount and type of assistance pro15 vided to the family under the State program 

16 funded under part A.’’. 

17 (b) APPLICABILITY.—The amendments made by sub18 section (a) shall apply to amounts distributed on or after 

19 October 1, 2007. 

20 SEC. 302. STATE OPTION TO PASS THROUGH ALL CHILD 

21 SUPPORT PAYMENTS TO FAMILIES THAT 

22 FORMERLY RECEIVED TANF. 

23 (a) IN GENERAL.—Section 457(a) (42 U.S.C. 

24 657(a)), as amended by section 301(a) of this Act, is 

25 amended— 
98 

•S 105 IS 

1 (1) in paragraph (2)(B), in the matter pre2 ceding clause (i), by inserting ‘‘, except as provided 

3 in paragraph (8),’’ after ‘‘shall’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(8) STATE OPTION TO PASS THROUGH ALL

6 CHILD SUPPORT PAYMENTS TO FAMILIES THAT FOR7 MERLY RECEIVED TANF.—In lieu of applying para8 graph (2) to any family described in paragraph (2), 

9 a State may distribute to the family any amount col10 lected during a month on behalf of the family.’’. 

11 (b) APPLICABILITY.—The amendments made by sub12 section (a) shall apply to amounts distributed on or after 

13 October 1, 2007. 

14 SEC. 303. MANDATORY REVIEW AND ADJUSTMENT OF 

15 CHILD SUPPORT ORDERS FOR FAMILIES RE16 CEIVING TANF. 

17 (a) IN GENERAL.—Section 466(a)(10)(A)(i) (42 

18 U.S.C. 666(a)(10)(A)(i)) is amended— 

19 (1) by striking ‘‘parent, or,’’ and inserting 

20 ‘‘parent or’’; and 

21 (2) by striking ‘‘upon the request of the State 

22 agency under the State plan or of either parent,’’. 

23 (b) EFFECTIVE DATE.—The amendments made by 

24 subsection (a) shall take effect on October 1, 2007. 
99 

•S 105 IS 

1 SEC. 304. MANDATORY FEE FOR SUCCESSFUL CHILD SUP2 PORT COLLECTION FOR FAMILY THAT HAS 

3 NEVER RECEIVED TANF. 

4 (a) IN GENERAL.—Section 454(6)(B) (42 U.S.C. 

5 654(6)(B)) is amended— 

6 (1) by inserting ‘‘(i)’’ after ‘‘(B)’’; 

7 (2) by redesignating clauses (i) and (ii) as sub8 clauses (I) and (II), respectively; 

9 (3) by adding ‘‘and’’ after the semicolon; and 

10 (4) by adding after and below the end the fol11 lowing new clause: 

12 ‘‘(ii) in the case of an individual who has 

13 never received assistance under a State pro14 gram funded under part A and for whom the 

15 State has collected at least $500 of support, the 

16 State shall impose an annual fee of $25 for 

17 each case in which services are furnished, which 

18 shall be retained by the State from support col19 lected on behalf of the individual (but not from 

20 the 1st $500 so collected), paid by the indi21 vidual applying for the services, recovered from 

22 the absent parent, or paid by the State out of 

23 its own funds (the payment of which from State 

24 funds shall not be considered as an administra25 tive cost of the State for the operation of the 
100 

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1 plan, and such fees shall be considered income 

2 to the program);’’. 

3 (b) CONFORMING AMENDMENT.—Section 457(a)(3) 

4 (42 U.S.C. 657(a)(3)) is amended to read as follows: 

5 ‘‘(3) FAMILIES THAT NEVER RECEIVED ASSIST6 ANCE.—In the case of any other family, the State 

7 shall distribute to the family the portion of the 

8 amount so collected that remains after withholding 

9 any fee pursuant to section 454(6)(B)(ii).’’. 

10 (c) EFFECTIVE DATE.—The amendments made by 

11 this section shall take effect on October 1, 2006. 

12 SEC. 305. REPORT ON UNDISTRIBUTED CHILD SUPPORT 

13 PAYMENTS. 

14 Not later than 6 months after the date of the enact15 ment of this Act, the Secretary of Health and Human 

16 Services shall submit to the Committee on Ways and 

17 Means of the House of Representatives and the Committee 

18 on Finance of the Senate a report on the procedures that 

19 the States use generally to locate custodial parents for 

20 whom child support has been collected but not yet distrib21 uted. The report shall include an estimate of the total 

22 amount of undistributed child support and the average 

23 length of time it takes undistributed child support to be 

24 distributed. To the extent the Secretary deems appro25 priate, the Secretary shall include in the report rec-
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1 ommendations as to whether additional procedures should 

2 be established at the State or Federal level to expedite 

3 the payment of undistributed child support. 

4 SEC. 306. DECREASE IN AMOUNT OF CHILD SUPPORT AR5 REARAGE TRIGGERING PASSPORT DENIAL. 

6 (a) IN GENERAL.—Section 452(k)(1) (42 U.S.C. 

7 652(k)(1)) is amended by striking ‘‘$5,000’’ and inserting 

8 ‘‘$2,500’’. 

9 (b) CONFORMING AMENDMENT.—Section 454(31) 

10 (42 U.S.C. 654(31)) is amended by striking ‘‘$5,000’’ and 

11 inserting ‘‘$2,500’’. 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 this section shall take effect on October 1, 2006. 

14 SEC. 307. USE OF TAX REFUND INTERCEPT PROGRAM TO 

15 COLLECT PAST-DUE CHILD SUPPORT ON BE16 HALF OF CHILDREN WHO ARE NOT MINORS. 

17 (a) IN GENERAL.—Section 464 (42 U.S.C. 664) is 

18 amended— 

19 (1) in subsection (a)(2)(A), by striking ‘‘(as 

20 that term is defined for purposes of this paragraph 

21 under subsection (c))’’; and 

22 (2) in subsection (c)— 

23 (A) in paragraph (1)— 
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1 (i) by striking ‘‘(1) Except as pro2 vided in paragraph (2), as used in’’ and in3 serting ‘‘In’’; and 

4 (ii) by inserting ‘‘(whether or not a 

5 minor)’’ after ‘‘a child’’ each place it ap6 pears; and 

7 (B) by striking paragraphs (2) and (3). 

8 (b) EFFECTIVE DATE.—The amendments made by 

9 subsection (a) shall take effect on October 1, 2007. 

10 SEC. 308. GARNISHMENT OF COMPENSATION PAID TO VET11 ERANS FOR SERVICE-CONNECTED DISABIL12 ITIES IN ORDER TO ENFORCE CHILD SUP13 PORT OBLIGATIONS. 

14 (a) IN GENERAL.—Section 459(h) (42 U.S.C. 

15 659(h)) is amended— 

16 (1) in paragraph (1)(A)(ii)(V), by striking all 

17 that follows ‘‘Armed Forces’’ and inserting a semi18 colon; and 

19 (2) by adding at the end the following: 

20 ‘‘(3) LIMITATIONS WITH RESPECT TO COM21 PENSATION PAID TO VETERANS FOR SERVICE-CON22 NECTED DISABILITIES.—Notwithstanding any other 

23 provision of this section: 
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1 ‘‘(A) Compensation described in paragraph 

2 (1)(A)(ii)(V) shall not be subject to withholding 

3 pursuant to this section— 

4 ‘‘(i) for payment of alimony; or 

5 ‘‘(ii) for payment of child support if 

6 the individual is fewer than 60 days in ar7 rears in payment of the support. 

8 ‘‘(B) Not more than 50 percent of any 

9 payment of compensation described in para10 graph (1)(A)(ii)(V) may be withheld pursuant 

11 to this section.’’. 

12 (b) EFFECTIVE DATE.—The amendments made by 

13 subsection (a) shall take effect on October 1, 2007. 

14 SEC. 309. IMPROVING FEDERAL DEBT COLLECTION PRAC15 TICES. 

16 (a) IN GENERAL.—Section 3716(h)(3) of title 31, 

17 United States Code, is amended to read as follows: 

18 ‘‘(3) In applying this subsection with respect to any 

19 debt owed to a State, other than past due support being 

20 enforced by the State, subsection (c)(3)(A) shall not apply. 

21 Subsection (c)(3)(A) shall apply with respect to past due 

22 support being enforced by the State notwithstanding any 

23 other provision of law, including sections 207 and 

24 1631(d)(1) of the Social Security Act (42 U.S.C. 407 and 

25 1383(d)(1)), section 413(b) of Public law 91–173 (30 
104 

•S 105 IS 

1 U.S.C. 923(b)), and section 14 of the Act of August 29, 

2 1935 (45 U.S.C. 231m).’’. 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 subsection (a) shall take effect on October 1, 2006. 

5 SEC. 310. MAINTENANCE OF TECHNICAL ASSISTANCE 

6 FUNDING. 

7 Section 452(j) (42 U.S.C. 652(j)) is amended by in8 serting ‘‘or the amount appropriated under this paragraph 

9 for fiscal year 2002, whichever is greater,’’ before ‘‘which 

10 shall be available’’. 

11 SEC. 311. MAINTENANCE OF FEDERAL PARENT LOCATOR 

12 SERVICE FUNDING. 

13 Section 453(o) (42 U.S.C. 653(o)) is amended— 

14 (1) in the 1st sentence, by inserting ‘‘or the 

15 amount appropriated under this paragraph for fiscal 

16 year 2002, whichever is greater,’’ before ‘‘which 

17 shall be available’’; and 

18 (2) in the 2nd sentence, by striking ‘‘for each 

19 of fiscal years 1997 through 2001’’. 

20 TITLE IV—CHILD WELFARE 

21 SEC. 401. EXTENSION OF AUTHORITY TO APPROVE DEM22 ONSTRATION PROJECTS. 

23 Section 1130(a)(2) (42 U.S.C. 1320a–9(a)(2)) is 

24 amended by striking ‘‘2002’’ and inserting ‘‘2010’’. 
105 

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1 SEC. 402. ELIMINATION OF LIMITATION ON NUMBER OF 

2 WAIVERS. 

3 Section 1130(a)(2) (42 U.S.C. 1320a–9(a)(2)) is 

4 amended by striking ‘‘not more than 10’’. 

5 SEC. 403. ELIMINATION OF LIMITATION ON NUMBER OF 

6 STATES THAT MAY BE GRANTED WAIVERS TO 

7 CONDUCT DEMONSTRATION PROJECTS ON 

8 SAME TOPIC. 

9 Section 1130 (42 U.S.C. 1320a–9) is amended by 

10 adding at the end the following: 

11 ‘‘(h) NO LIMIT ON NUMBER OF STATES THAT MAY

12 BE GRANTED WAIVERS TO CONDUCT SAME OR SIMILAR

13 DEMONSTRATION PROJECTS.—The Secretary shall not 

14 refuse to grant a waiver to a State under this section on 

15 the grounds that a purpose of the waiver or of the dem16 onstration project for which the waiver is necessary would 

17 be the same as or similar to a purpose of another waiver 

18 or project that is or may be conducted under this sec19 tion.’’. 

20 SEC. 404. ELIMINATION OF LIMITATION ON NUMBER OF 

21 WAIVERS THAT MAY BE GRANTED TO A SIN22 GLE STATE FOR DEMONSTRATION PROJECTS. 

23 Section 1130 (42 U.S.C. 1320a–9) is further amend24 ed by adding at the end the following: 

25 ‘‘(i) NO LIMIT ON NUMBER OF WAIVERS GRANTED

26 TO, OR DEMONSTRATION PROJECTS THAT MAY BE CON-
106 

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1 DUCTED BY, A SINGLE STATE.—The Secretary shall not 

2 impose any limit on the number of waivers that may be 

3 granted to a State, or the number of demonstration 

4 projects that a State may be authorized to conduct, under 

5 this section.’’. 

6 SEC. 405. STREAMLINED PROCESS FOR CONSIDERATION OF 

7 AMENDMENTS TO AND EXTENSIONS OF DEM8 ONSTRATION PROJECTS REQUIRING WAIV9 ERS. 

10 Section 1130 (42 U.S.C. 1320a–9) is further amend11 ed by adding at the end the following: 

12 ‘‘(j) STREAMLINED PROCESS FOR CONSIDERATION

13 OF AMENDMENTS AND EXTENSIONS.—The Secretary 

14 shall develop a streamlined process for consideration of 

15 amendments and extensions proposed by States to dem16 onstration projects conducted under this section.’’. 

17 SEC. 406. AVAILABILITY OF REPORTS. 

18 Section 1130 (42 U.S.C. 1320a–9) is further amend19 ed by adding at the end the following: 

20 ‘‘(k) AVAILABILITY OF REPORTS.—The Secretary 

21 shall make available to any State or other interested party 

22 any report provided to the Secretary under subsection 

23 (f)(2), and any evaluation or report made by the Secretary 

24 with respect to a demonstration project conducted under 
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1 this section, with a focus on information that may promote 

2 best practices and program improvements.’’. 

3 SEC. 407. TECHNICAL CORRECTION. 

4 Section 1130(b)(1) (42 U.S.C. 1320a–9(b)(1)) is 

5 amended by striking ‘‘422(b)(9)’’ and inserting 

6 ‘‘422(b)(10)’’. 

7 TITLE V—SUPPLEMENTAL 

8 SECURITY INCOME 

9 SEC. 501. REVIEW OF STATE AGENCY BLINDNESS AND DIS10 ABILITY DETERMINATIONS. 

11 Section 1633 (42 U.S.C. 1383b) is amended by add12 ing at the end the following: 

13 ‘‘(e)(1) The Commissioner of Social Security shall re14 view determinations, made by State agencies pursuant to 

15 subsection (a) in connection with applications for benefits 

16 under this title on the basis of blindness or disability, that 

17 individuals who have attained 18 years of age are blind 

18 or disabled as of a specified onset date. The Commissioner 

19 of Social Security shall review such a determination before 

20 any action is taken to implement the determination. 

21 ‘‘(2)(A) In carrying out paragraph (1), the Commis22 sioner of Social Security shall review— 

23 ‘‘(i) at least 20 percent of all determinations re24 ferred to in paragraph (1) that are made in fiscal 

25 year 2006; 
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1 ‘‘(ii) at least 40 percent of all such determina2 tions that are made in fiscal year 2007; and 

3 ‘‘(iii) at least 50 percent of all such determina4 tions that are made in fiscal year 2008 or thereafter. 

5 ‘‘(B) In carrying out subparagraph (A), the Commis6 sioner of Social Security shall, to the extent feasible, select 

7 for review the determinations which the Commissioner of 

8 Social Security identifies as being the most likely to be 

9 incorrect.’’. 

10 TITLE VI—STATE AND LOCAL 

11 FLEXIBILITY 

12 SEC. 601. PROGRAM COORDINATION DEMONSTRATION 

13 PROJECTS. 

14 (a) PURPOSE.—The purpose of this section is to es15 tablish a program of demonstration projects in a State or 

16 portion of a State to coordinate multiple public assistance, 

17 workforce development, and other programs, for the pur18 pose of supporting working individuals and families, help19 ing families escape welfare dependency, promoting child 

20 well-being, or helping build stronger families, using inno21 vative approaches to strengthen service systems and pro22 vide more coordinated and effective service delivery. 

23 (b) DEFINITIONS.—In this section: 

24 (1) ADMINISTERING SECRETARY.—The term 

25 ‘‘administering Secretary’’ means, with respect to a 
109 

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1 qualified program, the head of the Federal agency 

2 responsible for administering the program. 

3 (2) QUALIFIED PROGRAM.—The term ‘‘qualified 

4 program’’ means— 

5 (A) a program under part A of title IV of 

6 the Social Security Act; 

7 (B) the program under title XX of such 

8 Act; 

9 (C) activities funded under title I of the 

10 Workforce Investment Act of 1998, except sub11 title C of such title; 

12 (D) a demonstration project authorized 

13 under section 505 of the Family Support Act of 

14 1988; 

15 (E) activities funded under the Wagner16 Peyser Act; 

17 (F) activities funded under the Adult Edu18 cation and Family Literacy Act; 

19 (G) activities funded under the Child Care 

20 and Development Block Grant Act of 1990; 

21 (H) activities funded under the United 

22 States Housing Act of 1937 (42 U.S.C. 1437 et 

23 seq.), except that such term shall not include— 
110 

•S 105 IS 

1 (i) any program for rental assistance 

2 under section 8 of such Act (42 U.S.C. 

3 1437f); and 

4 (ii) the program under section 7 of 

5 such Act (42 U.S.C. 1437e) for desig6 nating public housing for occupancy by 

7 certain populations; 

8 (I) activities funded under title I, II, III, 

9 or IV of the McKinney-Vento Homeless Assist10 ance Act (42 U.S.C. 11301 et seq.); or 

11 (J) the food stamp program as defined in 

12 section 3(h) of the Food Stamp Act of 1977 (7 

13 U.S.C. 2012(h)). 

14 (c) APPLICATION REQUIREMENTS.—The head of a 

15 State entity or of a sub-State entity administering 2 or 

16 more qualified programs proposed to be included in a dem17 onstration project under this section shall (or, if the 

18 project is proposed to include qualified programs adminis19 tered by 2 or more such entities, the heads of the admin20 istering entities (each of whom shall be considered an ap21 plicant for purposes of this section) shall jointly) submit 

22 to the administering Secretary of each such program an 

23 application that contains the following: 

24 (1) PROGRAMS INCLUDED.—A statement identi25 fying each qualified program to be included in the 
111 

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1 project, and describing how the purposes of each 

2 such program will be achieved by the project. 

3 (2) POPULATION SERVED.—A statement identi4 fying the population to be served by the project and 

5 specifying the eligibility criteria to be used. 

6 (3) DESCRIPTION AND JUSTIFICATION.—A de7 tailed description of the project, including— 

8 (A) a description of how the project is ex9 pected to improve or enhance achievement of 

10 the purposes of the programs to be included in 

11 the project, from the standpoint of quality, of 

12 cost-effectiveness, or of both; and 

13 (B) a description of the performance objec14 tives for the project, including any proposed 

15 modifications to the performance measures and 

16 reporting requirements used in the programs. 

17 (4) WAIVERS REQUESTED.—A description of 

18 the statutory and regulatory requirements with re19 spect to which a waiver is requested in order to 

20 carry out the project, and a justification of the need 

21 for each such waiver. 

22 (5) COST NEUTRALITY.—Such information and 

23 assurances as necessary to establish to the satisfac24 tion of the administering Secretary, in consultation 

25 with the Director of the Office of Management and 
112 

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1 Budget, that the proposed project is reasonably ex2 pected to meet the applicable cost neutrality require3 ments of subsection (d)(4). 

4 (6) EVALUATION AND REPORTS.—An assurance 

5 that the applicant will conduct ongoing and final 

6 evaluations of the project, and make interim and 

7 final reports to the administering Secretary, at such 

8 times and in such manner as the administering Sec9 retary may require. 

10 (7) PUBLIC HOUSING AGENCY PLAN.—In the 

11 case of an application proposing a demonstration 

12 project that includes activities referred to in sub13 section (b)(2)(H) of this section— 

14 (A) a certification that the applicable an15 nual public housing agency plan of any agency 

16 affected by the project that is approved under 

17 section 5A of the United States Housing Act of 

18 1937 (42 U.S.C. 1437c–1) by the Secretary in19 cludes the information specified in paragraphs 

20 (1) through (4) of this subsection; and 

21 (B) any resident advisory board rec22 ommendations, and other information, relating 

23 to the project that, pursuant to section 

24 5A(e)(2) of the United States Housing Act of 

25 1937 (42 U.S.C. 1437c–1(e)(2), is required to 
113 

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1 be included in the public housing agency plan of 

2 any public housing agency affected by the 

3 project. 

4 (8) OTHER INFORMATION AND ASSURANCES.— 

5 Such other information and assurances as the ad6 ministering Secretary may require. 

7 (d) APPROVAL OF APPLICATIONS.— 

8 (1) IN GENERAL.—The administering Secretary 

9 with respect to a qualified program that is identified 

10 in an application submitted pursuant to subsection 

11 (c) may approve the application and, except as pro12 vided in paragraph (2), waive any requirement appli13 cable to the program, to the extent consistent with 

14 this section and necessary and appropriate for the 

15 conduct of the demonstration project proposed in the 

16 application, if the administering Secretary deter17 mines that the project— 

18 (A) has a reasonable likelihood of achieving 

19 the objectives of the programs to be included in 

20 the project; 

21 (B) may reasonably be expected to meet 

22 the applicable cost neutrality requirements of 

23 paragraph (4), as determined by the Director of 

24 the Office of Management and Budget; and 
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1 (C) includes the coordination of 2 or more 

2 qualified programs. 

3 (2) PROVISIONS EXCLUDED FROM WAIVER AU4 THORITY.—A waiver shall not be granted under 

5 paragraph (1)— 

6 (A) with respect to any provision of law re7 lating to— 

8 (i) civil rights or prohibition of dis9 crimination; 

10 (ii) purposes or goals of any program; 

11 (iii) maintenance of effort require12 ments; 

13 (iv) health or safety; 

14 (v) labor standards under the Fair 

15 Labor Standards Act of 1938; or 

16 (vi) environmental protection; 

17 (B) with respect to section 241(a) of the 

18 Adult Education and Family Literacy Act; 

19 (C) in the case of a program under the 

20 United States Housing Act of 1937 (42 U.S.C. 

21 1437 et seq.), with respect to any requirement 

22 under section 5A of such Act (42 U.S.C. 

23 1437c–1; relating to public housing agency 

24 plans and resident advisory boards); 
115 

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1 (D) in the case of a program under the 

2 Workforce Investment Act, with respect to any 

3 requirement the waiver of which would violate 

4 section 189(i)(4)(A)(i) of such Act; 

5 (E) in the case of the food stamp program 

6 (as defined in section 3(h) of the Food Stamp 

7 Act of 1977 (7 U.S.C. 2012(h)), with respect to 

8 any requirement under— 

9 (i) section 6 (if waiving a requirement 

10 under such section would have the effect of 

11 expanding eligibility for the program), 7(b) 

12 or 16(c) of the Food Stamp Act of 1977 

13 (7 U.S.C. 2011 et seq.); or 

14 (ii) title IV of the Personal Responsi15 bility and Work Opportunity Reconciliation 

16 Act of 1996 (8 U.S.C. 1601 et seq.); 

17 (F) with respect to any requirement that a 

18 State pass through to a sub-State entity part or 

19 all of an amount paid to the State; 

20 (G) if the waiver would waive any funding 

21 restriction or limitation provided in an appro22 priations Act, or would have the effect of trans23 ferring appropriated funds from 1 appropria24 tions account to another; or 
116 

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1 (H) except as otherwise provided by stat2 ute, if the waiver would waive any funding re3 striction applicable to a program authorized 

4 under an Act which is not an appropriations 

5 Act (but not including program requirements 

6 such as application procedures, performance 

7 standards, reporting requirements, or eligibility 

8 standards), or would have the effect of transfer9 ring funds from a program for which there is 

10 direct spending (as defined in section 250(c)(8) 

11 of the Balanced Budget and Emergency Deficit 

12 Control Act of 1985) to another program. 

13 (3) AGREEMENT OF EACH ADMINISTERING SEC14 RETARY REQUIRED.— 

15 (A) IN GENERAL.—An applicant may not 

16 conduct a demonstration project under this sec17 tion unless each administering Secretary with 

18 respect to any program proposed to be included 

19 in the project has approved the application to 

20 conduct the project. 

21 (B) AGREEMENT WITH RESPECT TO FUND22 ING AND IMPLEMENTATION.—Before approving 

23 an application to conduct a demonstration 

24 project under this section, an administering 

25 Secretary shall have in place an agreement with 
117 

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1 the applicant with respect to the payment of 

2 funds and responsibilities required of the ad3 ministering Secretary with respect to the 

4 project. 

5 (4) COST-NEUTRALITY REQUIREMENT.— 

6 (A) GENERAL RULE.—Notwithstanding 

7 any other provision of law (except subparagraph 

8 (B)), the total of the amounts that may be paid 

9 by the Federal Government for a fiscal year 

10 with respect to the programs in the State in 

11 which an entity conducting a demonstration 

12 project under this section is located that are af13 fected by the project shall not exceed the esti14 mated total amount that the Federal Govern15 ment would have paid for the fiscal year with 

16 respect to the programs if the project had not 

17 been conducted, as determined by the Director 

18 of the Office of Management and Budget. 

19 (B) SPECIAL RULE.—If an applicant sub20 mits to the Director of the Office of Manage21 ment and Budget a request to apply the rules 

22 of this subparagraph to the programs in the 

23 State in which the applicant is located that are 

24 affected by a demonstration project proposed in 

25 an application submitted by the applicant pur-
118 

•S 105 IS 

1 suant to this section, during such period of not 

2 more than 5 consecutive fiscal years in which 

3 the project is in effect, and the Director deter4 mines, on the basis of supporting information 

5 provided by the applicant, to grant the request, 

6 then, notwithstanding any other provision of 

7 law, the total of the amounts that may be paid 

8 by the Federal Government for the period with 

9 respect to the programs shall not exceed the es10 timated total amount that the Federal Govern11 ment would have paid for the period with re12 spect to the programs if the project had not 

13 been conducted. 

14 (5) 90-DAY APPROVAL DEADLINE.— 

15 (A) IN GENERAL.—If an administering 

16 Secretary receives an application to conduct a 

17 demonstration project under this section and 

18 does not disapprove the application within 90 

19 days after the receipt, then— 

20 (i) the administering Secretary is 

21 deemed to have approved the application 

22 for such period as is requested in the ap23 plication, except to the extent inconsistent 

24 with subsection (e); and 
119 

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1 (ii) any waiver requested in the appli2 cation which applies to a qualified program 

3 that is identified in the application and is 

4 administered by the administering Sec5 retary is deemed to be granted, except to 

6 the extent inconsistent with paragraph (2) 

7 or (4) of this subsection. 

8 (B) DEADLINE EXTENDED IF ADDITIONAL

9 INFORMATION IS SOUGHT.—The 90-day period 

10 referred to in subparagraph (A) shall not in11 clude any period that begins with the date the 

12 Secretary requests the applicant to provide ad13 ditional information with respect to the applica14 tion and ends with the date the additional in15 formation is provided. 

16 (e) DURATION OF PROJECTS.—A demonstration 

17 project under this section may be approved for a term of 

18 not more than 5 years. 

19 (f) REPORTS TO CONGRESS.— 

20 (1) REPORT ON DISPOSITION OF APPLICA21 TIONS.—Within 90 days after an administering Sec22 retary receives an application submitted pursuant to 

23 this section, the administering Secretary shall sub24 mit to each Committee of the Congress which has 

25 jurisdiction over a qualified program identified in 
120 

•S 105 IS 

1 the application notice of the receipt, a description of 

2 the decision of the administering Secretary with re3 spect to the application, and the reasons for approv4 ing or disapproving the application. 

5 (2) REPORTS ON PROJECTS.—Each admin6 istering Secretary shall provide annually to the Con7 gress a report concerning demonstration projects ap8 proved under this section, including— 

9 (A) the projects approved for each appli10 cant; 

11 (B) the number of waivers granted under 

12 this section, and the specific statutory provi13 sions waived; 

14 (C) how well each project for which a waiv15 er is granted is improving or enhancing pro16 gram achievement from the standpoint of qual17 ity, cost-effectiveness, or both; 

18 (D) how well each project for which a 

19 waiver is granted is meeting the performance 

20 objectives specified in subsection (c)(3)(B); 

21 (E) how each project for which a waiver is 

22 granted is conforming with the cost-neutrality 

23 requirements of subsection (d)(4); and 

24 (F) to the extent the administering Sec25 retary deems appropriate, recommendations for 
121 

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1 modification of programs based on outcomes of 

2 the projects. 

3 (g) AMENDMENT TO UNITED STATES HOUSING ACT

4 OF 1937.—Section 5A(d) of the United States Housing 

5 Act of 1937 (42 U.S.C. 1437c–1(d)) is amended— 

6 (1) by redesignating paragraph (18) as para7 graph (19); and 

8 (2) by inserting after paragraph (17) the fol9 lowing new paragraph: 

10 ‘‘(18) PROGRAM COORDINATION DEMONSTRA11 TION PROJECTS.—In the case of an agency that ad12 ministers an activity referred to in section 

13 601(b)(2)(H) of the Personal Responsibility, Work, 

14 and Family Promotion Act of 2005 that, during 

15 such fiscal year, will be included in a demonstration 

16 project under section 601 of such Act, the informa17 tion that is required to be included in the application 

18 for the project pursuant to paragraphs (1) through 

19 (4) of section 601(b) of such Act.’’. 

20 SEC. 602. STATE FOOD ASSISTANCE BLOCK GRANT DEM21 ONSTRATION PROJECT. 

22 The Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) 

23 is amended by adding at the end the following: 
122 

•S 105 IS 

1 ‘‘SEC. 28. STATE FOOD ASSISTANCE BLOCK GRANT DEM2 ONSTRATION PROJECT. 

3 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab4 lish a program to make grants to States in accordance 

5 with this section to provide— 

6 ‘‘(1) food assistance to needy individuals and 

7 families residing in the State; 

8 ‘‘(2) funds to operate an employment and train9 ing program under subsection (g) for needy individ10 uals under the program; and 

11 ‘‘(3) funds for administrative costs incurred in 

12 providing the assistance. 

13 ‘‘(b) ELECTION.— 

14 ‘‘(1) IN GENERAL.—A State may elect to par15 ticipate in the program established under subsection 

16 (a). 

17 ‘‘(2) ELECTION REVOCABLE.—A State that 

18 elects to participate in the program established 

19 under subsection (a) may subsequently reverse the 

20 election of the State only once thereafter. Following 

21 the reversal, the State shall only be eligible to par22 ticipate in the food stamp program in accordance 

23 with the other sections of this Act and shall not re24 ceive a block grant under this section. 

25 ‘‘(3) PROGRAM EXCLUSIVE.—A State that is 

26 participating in the program established under sub-
123 

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1 section (a) shall not be subject to, or receive any 

2 benefit under, this Act except as provided in this 

3 section. 

4 ‘‘(c) LEAD AGENCY.— 

5 ‘‘(1) DESIGNATION.—A State desiring to par6 ticipate in the program established under subsection 

7 (a) shall designate, in an application submitted to 

8 the Secretary under subsection (d)(1), an appro9 priate State agency that complies with paragraph 

10 (2) to act as the lead agency for the State. 

11 ‘‘(2) DUTIES.—The lead agency shall— 

12 ‘‘(A) administer, either directly, through 

13 other State agencies, or through local agencies, 

14 the assistance received under this section by the 

15 State; 

16 ‘‘(B) develop the State plan to be sub17 mitted to the Secretary under subsection (d)(1); 

18 and 

19 ‘‘(C) coordinate the provision of food as20 sistance under this section with other Federal, 

21 State, and local programs. 

22 ‘‘(d) APPLICATION AND PLAN.— 

23 ‘‘(1) APPLICATION.—To be eligible to receive 

24 assistance under this section, a State shall prepare 

25 and submit to the Secretary an application at such 
124 

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1 time, in such manner, and containing such informa2 tion as the Secretary shall by regulation require, in3 cluding— 

4 ‘‘(A) an assurance that the State will com5 ply with the requirements of this section; 

6 ‘‘(B) a State plan that meets the require7 ments of paragraph (2); and 

8 ‘‘(C) an assurance that the State will com9 ply with the requirements of the State plan 

10 under paragraph (2). 

11 ‘‘(2) REQUIREMENTS OF PLAN.— 

12 ‘‘(A) LEAD AGENCY.—The State plan shall 

13 identify the lead agency. 

14 ‘‘(B) USE OF BLOCK GRANT FUNDS.—The 

15 State plan shall provide that the State shall use 

16 the amounts provided to the State for each fis17 cal year under this section— 

18 ‘‘(i) to provide food assistance to 

19 needy individuals and families residing in 

20 the State, other than residents of institu21 tions who are ineligible for food stamps 

22 under section 3(i); 

23 ‘‘(ii) to administer an employment 

24 and training program under subsection (g) 

25 for needy individuals under the program 
125 

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1 and to provide reimbursements to needy 

2 individuals and families as would be al3 lowed under section 16(h)(3); and 

4 ‘‘(iii) to pay administrative costs in5 curred in providing the assistance. 

6 ‘‘(C) ASSISTANCE FOR ENTIRE STATE.— 

7 The State plan shall provide that benefits under 

8 this section shall be available throughout the 

9 entire State. 

10 ‘‘(D) NOTICE AND HEARINGS.—The State 

11 plan shall provide that an individual or family 

12 who applies for, or receives, assistance under 

13 this section shall be provided with notice of, and 

14 an opportunity for a hearing on, any action 

15 under this section that adversely affects the in16 dividual or family. 

17 ‘‘(E) OTHER ASSISTANCE.— 

18 ‘‘(i) COORDINATION.—The State plan 

19 may coordinate assistance received under 

20 this section with assistance provided under 

21 the State program funded under part A of 

22 title IV of the Social Security Act (42 

23 U.S.C. 601 et seq.). 

24 ‘‘(ii) PENALTIES.—If an individual or 

25 family is penalized for violating part A of 
126 

•S 105 IS 

1 title IV of the Act, the State plan may re2 duce the amount of assistance provided 

3 under this section or otherwise penalize the 

4 individual or family. 

5 ‘‘(F) ELIGIBILITY LIMITATIONS.—The 

6 State plan shall describe the income and re7 source eligibility limitations that are established 

8 for the receipt of assistance under this section. 

9 ‘‘(G) RECEIVING BENEFITS IN MORE THAN

10 1 JURISDICTION.—The State plan shall estab11 lish a system to verify and otherwise ensure 

12 that no individual or family shall receive bene13 fits under this section in more than 1 jurisdic14 tion within the State. 

15 ‘‘(H) PRIVACY.—The State plan shall pro16 vide for safeguarding and restricting the use 

17 and disclosure of information about any indi18 vidual or family receiving assistance under this 

19 section. 

20 ‘‘(I) OTHER INFORMATION.—The State 

21 plan shall contain such other information as 

22 may be required by the Secretary. 

23 ‘‘(3) APPROVAL OF APPLICATION AND PLAN.— 

24 During fiscal years 2006 through 2010, the Sec25 retary may approve the applications and State plans 
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1 that satisfy the requirements of this section of not 

2 more than 5 States for a term of not more than 5 

3 years. 

4 ‘‘(e) CONSTRUCTION OF FACILITIES.—No funds 

5 made available under this section shall be expended for 

6 the purchase or improvement of land, or for the purchase, 

7 construction, or permanent improvement of any building 

8 or facility. 

9 ‘‘(f) BENEFITS FOR ALIENS.—No individual shall be 

10 eligible to receive benefits under a State plan approved 

11 under subsection (d)(3) if the individual is not eligible to 

12 participate in the food stamp program under title IV of 

13 the Personal Responsibility and Work Opportunity Rec14 onciliation Act of 1996 (8 U.S.C. 1601 et seq.). 

15 ‘‘(g) EMPLOYMENT AND TRAINING.—Each State 

16 shall implement an employment and training program for 

17 needy individuals under the program. 

18 ‘‘(h) ENFORCEMENT.— 

19 ‘‘(1) REVIEW OF COMPLIANCE WITH STATE

20 PLAN.—The Secretary shall review and monitor 

21 State compliance with this section and the State 

22 plan approved under subsection (d)(3). 

23 ‘‘(2) NONCOMPLIANCE.— 
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1 ‘‘(A) IN GENERAL.—If the Secretary, after 

2 reasonable notice to a State and opportunity for 

3 a hearing, finds that— 

4 ‘‘(i) there has been a failure by the 

5 State to comply substantially with any pro6 vision or requirement set forth in the State 

7 plan approved under subsection (d)(3); or 

8 ‘‘(ii) in the operation of any program 

9 or activity for which assistance is provided 

10 under this section, there is a failure by the 

11 State to comply substantially with any pro12 vision of this section, the Secretary shall 

13 notify the State of the finding and that no 

14 further payments will be made to the State 

15 under this section (or, in the case of non16 compliance in the operation of a program 

17 or activity, that no further payments to the 

18 State will be made with respect to the pro19 gram or activity) until the Secretary is sat20 isfied that there is no longer any failure to 

21 comply or that the noncompliance will be 

22 promptly corrected. 

23 ‘‘(B) OTHER SANCTIONS.—In the case of a 

24 finding of noncompliance made pursuant to 

25 subparagraph (A), the Secretary may, in addi-
129 

•S 105 IS 

1 tion to, or in lieu of, imposing the sanctions de2 scribed in subparagraph (A), impose other ap3 propriate sanctions, including recoupment of 

4 money improperly expended for purposes pro5 hibited or not authorized by this section and 

6 disqualification from the receipt of financial as7 sistance under this section. 

8 ‘‘(C) NOTICE.—The notice required under 

9 subparagraph (A) shall include a specific identi10 fication of any additional sanction being im11 posed under subparagraph (B). 

12 ‘‘(3) ISSUANCE OF REGULATIONS.—The Sec13 retary shall establish by regulation procedures for— 

14 ‘‘(A) receiving, processing, and deter15 mining the validity of complaints concerning 

16 any failure of a State to comply with the State 

17 plan or any requirement of this section; and 

18 ‘‘(B) imposing sanctions under this sec19 tion. 

20 ‘‘(i) PAYMENTS.— 

21 ‘‘(1) IN GENERAL.—For each fiscal year, the 

22 Secretary shall pay to a State that has an applica23 tion approved by the Secretary under subsection 

24 (d)(3) an amount that is equal to the allotment of 

25 the State under subsection (l)(2) for the fiscal year. 
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1 ‘‘(2) METHOD OF PAYMENT.—The Secretary 

2 shall make payments to a State for a fiscal year 

3 under this section by issuing 1 or more letters of 

4 credit for the fiscal year, with necessary adjustments 

5 on account of overpayments or underpayments, as 

6 determined by the Secretary. 

7 ‘‘(3) SPENDING OF FUNDS BY STATE.— 

8 ‘‘(A) IN GENERAL.—Except as provided in 

9 subparagraph (B), payments to a State from an 

10 allotment under subsection (l)(2) for a fiscal 

11 year may be expended by the State only in the 

12 fiscal year. 

13 ‘‘(B) CARRYOVER.—The State may reserve 

14 up to 10 percent of an allotment under sub15 section (l)(2) for a fiscal year to provide assist16 ance under this section in subsequent fiscal 

17 years, except that the reserved funds may not 

18 exceed 30 percent of the total allotment re19 ceived under this section for a fiscal year. 

20 ‘‘(4) PROVISION OF FOOD ASSISTANCE.—A 

21 State may provide food assistance under this section 

22 in any manner determined appropriate by the State 

23 to provide food assistance to needy individuals and 

24 families in the State, such as electronic benefits 

25 transfer limited to food purchases, coupons limited 
131 

•S 105 IS 

1 to food purchases, or direct provision of commod2 ities. 

3 ‘‘(5) DEFINITION OF FOOD ASSISTANCE.—In 

4 this section, the term ‘food assistance’ means assist5 ance that may be used only to obtain food, as de6 fined in section 3(g). 

7 ‘‘(j) AUDITS.— 

8 ‘‘(1) REQUIREMENT.—After the close of each 

9 fiscal year, a State shall arrange for an audit of the 

10 expenditures of the State during the program period 

11 from amounts received under this section. 

12 ‘‘(2) INDEPENDENT AUDITOR.—An audit under 

13 this section shall be conducted by an entity that is 

14 independent of any agency administering activities 

15 that receive assistance under this section and be in 

16 accordance with generally accepted auditing prin17 ciples. 

18 ‘‘(3) PAYMENT ACCURACY.—Each annual audit 

19 under this section shall include an audit of payment 

20 accuracy under this section that shall be based on a 

21 statistically valid sample of the caseload in the 

22 State. 

23 ‘‘(4) SUBMISSION.—Not later than 30 days 

24 after the completion of an audit under this section, 
132 

•S 105 IS 

1 the State shall submit a copy of the audit to the leg2 islature of the State and to the Secretary. 

3 ‘‘(5) REPAYMENT OF AMOUNTS.—Each State 

4 shall repay to the United States any amounts deter5 mined through an audit under this section to have 

6 not been expended in accordance with this section or 

7 to have not been expended in accordance with the 

8 State plan, or the Secretary may offset the amounts 

9 against any other amount paid to the State under 

10 this section. 

11 ‘‘(k) NONDISCRIMINATION.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall not 

13 provide financial assistance for any program, 

14 project, or activity under this section if any person 

15 with responsibilities for the operation of the pro16 gram, project, or activity discriminates with respect 

17 to the program, project, or activity because of race, 

18 religion, color, national origin, sex, or disability. 

19 ‘‘(2) ENFORCEMENT.—The powers, remedies, 

20 and procedures set forth in title VI of the Civil 

21 Rights Act of 1964 (42 U.S.C. 2000d et seq.) may 

22 be used by the Secretary to enforce paragraph (1). 

23 ‘‘(l) ALLOTMENTS.— 

24 ‘‘(1) DEFINITION OF STATE.—In this section, 

25 the term ‘State’ means each of the 50 States, the 
133 

•S 105 IS 

1 District of Columbia, Guam, and the Virgin Islands 

2 of the United States. 

3 ‘‘(2) STATE ALLOTMENT.— 

4 ‘‘(A) IN GENERAL.—Except as provided in 

5 subparagraph (B), from the amounts made 

6 available under section 18 of this Act for each 

7 fiscal year, the Secretary shall allot to each 

8 State participating in the program established 

9 under subsection (a) an amount that is equal to 

10 the sum of— 

11 ‘‘(i) the greater of, as determined by 

12 the Secretary— 

13 ‘‘(I) the total dollar value of all 

14 benefits issued under the food stamp 

15 program established under this Act by 

16 the State during fiscal year 2005; or 

17 ‘‘(II) the average per fiscal year 

18 of the total dollar value of all benefits 

19 issued under the food stamp program 

20 by the State during each of fiscal 

21 years 2003 through 2005; and 

22 ‘‘(ii) the greater of, as determined by 

23 the Secretary— 

24 ‘‘(I) the total amount received by 

25 the State for administrative costs and 
134 

•S 105 IS 

1 the employment and training program 

2 under subsections (a) and (h), respec3 tively, of section 16 of this Act for fis4 cal year 2005; or 

5 ‘‘(II) the average per fiscal year 

6 of the total amount received by the 

7 State for administrative costs and the 

8 employment and training program 

9 under subsections (a) and (h), respec10 tively, of section 16 of this Act for 

11 each of fiscal years 2003 through 

12 2005. 

13 ‘‘(B) INSUFFICIENT FUNDS.—If the Sec14 retary finds that the total amount of allotments 

15 to which States would otherwise be entitled for 

16 a fiscal year under subparagraph (A) will ex17 ceed the amount of funds that will be made 

18 available to provide the allotments for the fiscal 

19 year, the Secretary shall reduce the allotments 

20 made to States under this subsection, on a pro 

21 rata basis, to the extent necessary to allot 

22 under this subsection a total amount that is 

23 equal to the funds that will be made available.’’. 
135 

•S 105 IS 

1 TITLE VII—ABSTINENCE 

2 EDUCATION 

3 SEC. 701. EXTENSION OF ABSTINENCE EDUCATION PRO4 GRAM. 

5 (a) EXTENSION OF APPROPRIATIONS.— 

6 (1) IN GENERAL.—Section 510(d) (42 U.S.C. 

7 710(d)) is amended in the first sentence by inserting 

8 before the period the following: ‘‘and for each of the 

9 fiscal years 2006 through 2010’’. 

10 (2) ADDITIONAL FUNDS FOR FISCAL YEAR

11 2005.— 

12 (A) ADDITIONAL FUNDS.—Activities au13 thorized by section 510 of the Social Security 

14 Act shall continue through September 30, 2005, 

15 in the manner authorized for fiscal year 2004, 

16 and out of any money in the Treasury of the 

17 United States not otherwise appropriated, there 

18 are hereby appropriated such sums as may be 

19 necessary for such purpose, in addition to other 

20 amounts appropriated for such purpose for fis21 cal year 2005. Grants and payments may be 

22 made pursuant to this authority through the 

23 fourth quarter of fiscal year 2005 at the level 

24 provided for such activities through the fourth 

25 quarter of fiscal year 2004. 
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•S 105 IS 

1 (B) EFFECTIVE DATE.—Subparagraph (A) 

2 takes effect upon the date of the enactment of 

3 this Act. 

4 (b) ALLOTMENT OF FUNDS.—Section 510(a) (42 

5 U.S.C. 710(a)) is amended— 

6 (1) in the matter preceding paragraph (1), by 

7 striking ‘‘an application for the fiscal year under 

8 section 505(a)’’ and inserting ‘‘, for the fiscal year, 

9 an application under section 505(a), and an applica10 tion under this section (in such form and meeting 

11 such terms and conditions as determined appropriate 

12 by the Secretary),’’; and 

13 (2) in paragraph (2), to read as follows: 

14 ‘‘(2) the percentage that would be determined 

15 for the State under section 502(c)(1)(B)(ii) if the 

16 calculation under such section took into consider17 ation only those States that transmitted both such 

18 applications for such fiscal year.’’. 

19 (c) REALLOTMENT OF FUNDS.—Section 510 (42 

20 U.S.C. 710(a)) is amended by adding at the end the fol21 lowing new subsection: 

22 ‘‘(e)(1) With respect to allotments under subsection 

23 (a) for fiscal year 2006 and subsequent fiscal years, the 

24 amount of any allotment to a State for a fiscal year that 

25 the Secretary determines will not be required to carry out 
137 

•S 105 IS 

1 a program under this section during such fiscal year or 

2 the succeeding fiscal year shall be available for reallotment 

3 from time to time during such fiscal years on such dates 

4 as the Secretary may fix, to other States that the Sec5 retary determines— 

6 ‘‘(A) require amounts in excess of amounts pre7 viously allotted under subsection (a) to carry out a 

8 program under this section; and 

9 ‘‘(B) will use such excess amounts during such 

10 fiscal years. 

11 ‘‘(2) Reallotments under paragraph (1) shall be made 

12 on the basis of such States’ applications under this sec13 tion, after taking into consideration the population of low14 income children in each such State as compared with the 

15 population of low-income children in all such States with 

16 respect to which a determination under paragraph (1) has 

17 been made by the Secretary. 

18 ‘‘(3) Any amount reallotted under paragraph (1) to 

19 a State is deemed to be part of its allotment under sub20 section (a).’’. 

21 (d) EFFECTIVE DATE.—The amendments made by 

22 this section shall be effective with respect to the program 

23 under section 510 of the Social Security Act for fiscal 

24 years 2006 and succeeding fiscal years. 
138 

•S 105 IS 

1 TITLE VIII—TRANSITIONAL 

2 MEDICAL ASSISTANCE 

3 SEC. 801. EXTENSION OF MEDICAID TRANSITIONAL MED4 ICAL ASSISTANCE PROGRAM THROUGH FIS5 CAL YEAR 2006. 

6 (a) IN GENERAL.—Section 1925(f) (42 U.S.C. 

7 1396r–6(f)) is amended by striking ‘‘2003’’ and inserting 

8 ‘‘2006’’. 

9 (b) CONFORMING AMENDMENT.—Section 

10 1902(e)(1)(B) (42 U.S.C. 1396a(e)(1)(B)) is amended by 

11 striking ‘‘September 30, 2003’’ and inserting ‘‘the last 

12 date (if any) on which section 1925 applies under sub13 section (f) of that section’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect on April 1, 2005. 

16 SEC. 802. ADJUSTMENT TO PAYMENTS FOR MEDICAID AD17 MINISTRATIVE COSTS TO PREVENT DUPLICA18 TIVE PAYMENTS AND TO FUND EXTENSION 

19 OF TRANSITIONAL MEDICAL ASSISTANCE. 

20 (a) IN GENERAL.—Section 1903 (42 U.S.C. 1396b) 

21 is amended— 

22 (1) in subsection (a)(7), by striking ‘‘section 

23 1919(g)(3)(B)’’ and inserting ‘‘subsection (x) and 

24 section 1919(g)(3)(C)’’; and 

25 (2) by adding at the end the following: 
139 

•S 105 IS 

1 ‘‘(x) ADJUSTMENTS TO PAYMENTS FOR ADMINISTRA2 TIVE COSTS TO FUND EXTENSION OF TRANSITIONAL

3 MEDICAL ASSISTANCE.— 

4 ‘‘(1) REDUCTIONS IN PAYMENTS FOR ADMINIS5 TRATIVE COSTS.—Effective for each of the last 2 

6 calendar quarters in fiscal year 2005 and for each 

7 calendar quarter in fiscal year 2006, the Secretary 

8 shall reduce the amount paid under subsection 

9 (a)(7) to each State by an amount equal to 45 per10 cent for calendar quarters in fiscal year 2005, and 

11 80 percent for calendar quarters in fiscal year 2006, 

12 of one-quarter of the annualized amount determined 

13 for the medicaid program under section 16(k)(2)(B) 

14 of the Food Stamp Act of 1977 (7 U.S.C. 

15 2025(k)(2)(B)). 

16 ‘‘(2) ALLOCATION OF ADMINISTRATIVE

17 COSTS.—None of the funds or expenditures de18 scribed in section 16(k)(5)(B) of the Food Stamp 

19 Act of 1977 (7 U.S.C. 2025(k)(5)(B)) may be used 

20 to pay for costs— 

21 ‘‘(A) eligible for reimbursement under sub22 section (a)(7) (or costs that would have been el23 igible for reimbursement but for this sub24 section); and 
140 

•S 105 IS 

1 ‘‘(B) allocated for reimbursement to the 

2 program under this title under a plan submitted 

3 by a State to the Secretary to allocate adminis4 trative costs for public assistance programs; 

5 except that, for purposes of subparagraph (A), the 

6 reference in clause (iii) of that section to ‘subsection 

7 (a)’ is deemed a reference to subsection (a)(7) and 

8 clause (iv)(II) of that section shall be applied as if 

9 ‘medicaid program’ were substituted for ‘food stamp 

10 program’.’’. 

11 (b) EFFECTIVE DATE.—The amendments made by 

12 subsection (a) shall take effect on April 1, 2005. 

13 TITLE IX—EFFECTIVE DATE 

14 SEC. 901. EFFECTIVE DATE. 

15 (a) IN GENERAL.—Except as otherwise provided in 

16 this Act, this Act and the amendments made by this Act 

17 shall take effect on October 1, 2005. 

18 (b) EXCEPTION.—In the case of a State plan under 

19 part A or D of title IV of the Social Security Act which 

20 the Secretary determines requires State legislation in 

21 order for the plan to meet the additional requirements im22 posed by the amendments made by this Act, the effective 

23 date of the amendments imposing the additional require24 ments shall be 3 months after the first day of the first 

25 calendar quarter beginning after the close of the first reg-
141 

•S 105 IS 

1 ular session of the State legislature that begins after the 

2 date of the enactment of this Act. For purposes of the 

3 preceding sentence, in the case of a State that has a 2- 

4 year legislative session, each year of the session shall be 

5 considered to be a separate regular session of the State 

6 legislature. 

Æ