I 

112TH CONGRESS 

1ST SESSION H. R. 2193 

To amend title IV of the Social Security Act to ensure funding for grants 

to promote responsible fatherhood and strengthen low-income families, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 15, 2011 

Mr. DAVIS of Illinois (for himself, Ms. JACKSON LEE of Texas, Mr. RANGEL, 

Mr. TOWNS, Mrs. CHRISTENSEN, Mr. BRADY of Pennsylvania, Mr. CONYERS, Mr. CLAY, and Mr. RUSH) introduced the following bill; which was 

referred to the Committee on Ways and Means, and in addition to the 

Committees on Education and the Workforce, Energy and Commerce, 

and Agriculture, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To amend title IV of the Social Security Act to ensure 

funding for grants to promote responsible fatherhood 

and strengthen low-income families, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Julia Carson Responsible Fatherhood and Healthy Fami4 lies Act of 2011’’. 

5 (b) TABLE OF CONTENTS.—The table of contents of 

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

TITLE I—PROMOTING RESPONSIBLE FATHERHOOD AND 

STRENGTHENING LOW-INCOME FAMILIES 

Sec. 101. State assessments of barriers to employment and financial support of 

children. 

Sec. 102. Grants to States to conduct demonstration projects to promote economic opportunity for low-income parents. 

Sec. 103. Healthy marriage promotion and responsible fatherhood programs. 

Sec. 104. Elimination of separate TANF work participation rate for 2-parent 

families. 

Sec. 105. Ban on recovery of Medicaid costs for births. 

Sec. 106. Improved collection and distribution of child support. 

Sec. 107. Collection of child support under the supplemental nutrition assistance program. 

Sec. 108. Grants supporting healthy family partnerships for domestic violence 

intervention and preventions. 

Sec. 109. Procedures to address domestic violence. 

TITLE II—REVENUE PROVISION 

Sec. 201. Increase in credit percentage under earned income tax credit for eligible individuals with no qualifying children. 

7 SEC. 2. FINDINGS. 

8 Congress makes the following findings: 

9 (1) The United States almost has the highest 

10 child poverty rate among 34 industrialized countries. 

11 (2) Thirty-one percent of all children in the 

12 United States lived with only 1 or neither of their 

13 parents. African-American children are the most 

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1 cent, compared to 48 percent of American Indian 

2 children, 33 percent of Hispanic children, 22 percent 

3 of non-Hispanic white children, and 15 percent of 

4 Asian-American and Pacific Islander children. 

5 (3) One of the most important factors in a 

6 child’s upbringing is whether the child is brought up 

7 in a loving, healthy, supportive environment. 

8 (4) Children who grow up with 2 parents are, 

9 on average, more likely than their peers in single10 parent homes to finish high school and be economi11 cally self-sufficient. 

12 (5) Father-child interaction, like mother-child 

13 interaction, has been shown to promote the positive 

14 physical, social, emotional, and mental development 

15 of children. 

16 (6) Children typically live without both parents 

17 when their parents are divorced or did not marry. 

More than 1 18 ⁄3 of all first marriages end in divorce, 

19 and about 60 percent of divorcing couples have chil20 dren. More than 40 percent of all births are to un21 married women. 

22 (7) More than 1 in 4 families with children 

23 have only 1 parent present, and more than 1 in 3 

24 children live absent their biological father. 


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1 (8) Recent studies demonstrate that most 

2 unwed fathers in urban areas are highly involved 

3 with the mother of their child before and after the 

4 child’s birth, with 80 percent involved during the 

5 mother’s pregnancy, and 50 percent living with the 

6 child’s mother at the time of the child’s birth. How7 ever, the relationship between the parents often does 

8 not last, and many fathers do not maintain contact 

9 with their children as the children grow up. 

10 (9) An estimated 25 percent of the children 

11 who live in households without their father have not 

12 seen their fathers in at least 1 year. 

13 (10) Fathers’ love, care, and emotional support 

14 are positively linked to good social, emotional, and 

15 cognitive development in their children; their chil16 dren’s academic achievement; lower rates of risky 

17 behaviors and contact the juvenile justice system; 

18 positive social behavior; positive emotional health; 

19 and healthy self-esteem. 

20 (11) Research has demonstrated that most fa21 thers want to do well for their children. Rates of vis22 itation among non-custodial fathers are higher than 

23 expected and mothers do want fathers involved in 

24 the lives of their children. 


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1 (12) The inability of parents to sustain a 

2 healthy relationship with their child’s other parent 

3 and remain involved in their child’s life can have se4 vere negative consequences for the parents, the 

5 child, their community, and taxpayers. 

6 (13) Single-parent families are 4 to 5 times as 

7 likely to be poor as married-couple families. 

8 (14) Children raised in single-parent families 

9 are more likely than children raised in 2-parent fam10 ilies to do poorly in school, have emotional and be11 havioral problems, become teenage parents, commit 

12 crimes, smoke cigarettes, abuse drugs and alcohol, 

13 and have poverty-level incomes as adults. 

14 (15) High rates of unemployment and low 

15 wages are primary reasons why parents do not 

16 marry and why 2-parent families break up. 

17 (16) When components of family and jobs sup18 ports are paired with responsible fatherhood pro19 gramming, more fathers declare paternity, more live 

20 with their children, and more non-custodial men pay 

21 child support. 

22 (17) Domestic violence is also a significant 

23 problem leading to the nonformation or breakup of 

24 2-parent families. 


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1 (18) Unemployment for Black workers re2 mained almost double what it is for Whites, a ratio 

3 unchanged in at least 35 years. In metropolitan 

4 areas, Blacks are the racial group most spatially iso5 lated from available jobs. 

6 (19) A history of incarceration is a major bar7 rier to employment. Sixty percent of young African8 American men who dropped out of high school have 

9 served time. When these men leave prison, they 

10 often have difficulty finding a job and supporting 

11 their children. 

12 (20) Youth who are disconnected from school 

13 and employment are more likely than others to en14 gage in crime, become incarcerated, and rely on pub15 lic systems of support. While all races and 

16 ethnicities are represented among this youth popu17 lation, research studies show that African-American 

18 males constitute a disproportionate share due to 

19 their overrepresentation in the child welfare and ju20 venile justice systems. 

(21) Over 1 21 ⁄2 of State prison inmates are par22 ents. When noncustodial parents go to prison, most 

23 of them are required to pay their child support obli24 gation, even though they have little ability to pay the 

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1 cally owe more than $20,000 in child support debt. 

2 Noncustodial parents leaving prison often re-enter 

3 the underground economy because of financial pres4 sures or to avoid the child support system, making 

5 it less likely that they will successfully rejoin society 

6 and reunite with their families. 

7 (22) Children should receive the child support 

8 paid by their parents, and the government should 

9 not keep the money to recover welfare costs. Regular 

10 child support income appears to have a greater posi11 tive impact on children dollar for dollar than other 

12 types of income. Researchers in Wisconsin found 

13 that when monthly child support was passed through 

14 to families receiving assistance under the Temporary 

15 Assistance for Needy Families program established 

16 under part A of title IV of the Social Security Act 

17 (TANF) and disregarded 100 percent in determining 

18 assistance for the families, fathers paid more child 

19 support, established their legal relationship with 

20 their children more quickly, and worked less in the 

21 underground economy. Moreover, the State costs of 

22 a full pass-through and disregard of child support 

23 were fully offset by increased payments by fathers 

24 and decreased public assistance use by families. 


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1 (23) Funding spent on Federal child support 

2 collection is cost-effective, especially when it address3 es fathers’ particular circumstances and passes pay4 ments through to the family. The child support pro5 gram collects $4.88 in support payments for families 

6 for every public dollar spent. 

7 (24) The Department of Health and Human 

8 Services National Child Support Enforcement Stra9 tegic Plan for fiscal years 2005 through 2009 states 

10 that ‘‘child support is no longer a welfare reimburse11 ment, revenue-producing device for the Federal and 

12 State governments; it is a family-first program, in13 tended to ensure families’ self-sufficiency by making 

14 child support a more reliable source of income’’. 

15 (25) Current law permits States to apply the 

16 cost of passing through child support to families re17 ceiving assistance under the TANF program toward 

18 their maintenance of effort (MOE) requirements, 

19 but only to the extent that the State disregards the 

20 child support payments in determining the amount 

21 and type of TANF assistance. 

22 (26) While the Federal government has over 40 

23 programs that provide some funding for employment 

24 and training, the United States is near the bottom 

25 of industrialized nations in spending on ‘‘active labor 


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1 market policy.’’ Low-income men have become in2 creasingly disconnected from school and work—and 

3 increasingly poor. A large portion of those men are 

4 non-custodial fathers. 

5 (27) The negative effect of a criminal conviction 

6 is substantially larger for Blacks than for Whites. 

7 (28) African-Americans constitute only 14 per8 cent of drug users, but they represent 34 percent of 

9 those arrested for drug offenses, 44 percent of drug 

10 convictions, and 45 percent of drug offenders in 

11 State prison. One in 15 African-American males 

12 over 18 is behind bars as opposed to 1 out of 36 for 

13 Latinos and one out of 106 for White males. In ad14 dition, approximately 650,000 men and women are 

15 released from State and Federal prison annually. 

16 This number does not include those who come home 

17 from city and county jails. If current trends con18 tinue, the chilling extrapolation is that 1 in 3 Black 

19 males born today can expect to spend time in prison 

20 during his lifetime. These men are disproportion21 ately removed from lower income, segregated, and 

22 disinvested communities, where they will eventually 

23 return—too often without the skills they need to be24 come successful husbands, fathers, neighbors, and 

25 wage earners. 


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1 (29) Programs that increase employment oppor2 tunity and reduce barriers by increasing employment 

3 opportunity and reducing recidivism will benefit chil4 dren and families. 

5 (30) Transitional jobs programs have shown 

6 promise in reducing unemployment among chron7 ically unemployed or underemployed population 

8 groups, including formerly incarcerated individuals, 

9 the homeless, and young African-American men. 

10 (31) To strengthen families it is important to 

11 improve the upward economic mobility of the custo12 dial and noncustodial parent wage-earners, as well 

13 as youth at risk of early parenthood or incarcer14 ation, by providing the skills and experience nec15 essary to access jobs with family sustaining wages 

16 and benefits. In families in which all the members 

17 do not live together, this is important to enable the 

18 prompt and consistent payment of adequate child 

19 support. 

20 (32) It is important and useful to foster local 

21 and regional economic development and job advance22 ment for workers, especially young custodial and 

23 noncustodial parents, by funding local collaborations 

24 among business, education, and the community in 

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1 taged citizens to meet the workforce needs of the 

2 local and regional economy. 

3 (33) Employers benefit from working with and 

4 being supported by the local education, postsec5 ondary, and workforce systems in identifying the 

6 academic and occupational skill sets needed to fill 

7 the skilled jobs in the changing economy. Local eco8 nomic and community development is enhanced 

9 when residents have access to higher wage employ10 ment, thus increasing the tax base, fueling the econ11 omy, and contributing to greater family economic se12 curity. 

13 (34) Public-private career pathways partner14 ships are an important tool for linking employers 

15 and workers with the workforce education services 

16 they need and for integrating community economic 

17 development and workforce education services. Tran18 sitional jobs programs can serve as the first step in 

19 a career pathway by giving unemployed individuals 

20 with multiple barriers to employment, valuable work 

21 experience and related services. 

22 (35) Evaluations of State child support enforce23 ment policies have shown that supportive child sup24 port enforcement policies, rather than coercive ones, 

25 have a positive impact on father involvement. 


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1 (36) The purpose of child support is to provide 

2 necessary income support for and increase the well3 being of children living apart from a parent. To im4 prove the ability of low-income noncustodial parents 

5 to provide long-term support and care for their chil6 dren throughout their entire childhood, it is impor7 tant that child support polices support parental ef8 forts to pursue education and employment and to 

9 stay involved with their children. 

10 (37) Responsible parenthood includes active 

11 participation in financial support and child-rearing, 

12 as well as the formation and maintenance of a posi13 tive, healthy, and nonviolent relationship between 

14 parent and child and a cooperative, healthy, and 

15 nonviolent relationship between parents. 

16 (38) States should be encouraged to implement 

17 voluntary programs that provide support for respon18 sible parenting, including by increasing the employ19 ment and financial security of parents, and the pa20 rental involvement of noncustodial parents. 

21 (39) Promoting responsible parenthood saves 

22 the government money by reducing the need for pub23 lic assistance, increasing the educational attainment 

24 of children, reducing juvenile delinquency and crime, 


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1 reducing substance abuse, and lowering rates of un2 employment. 

3 (40) Programs to encourage responsible father4 hood or responsible motherhood should promote and 

5 provide support services for— 

6 (A) fostering loving and healthy relation7 ships between parents and children; 

8 (B) increasing responsibility of noncusto9 dial parents for the long-term care and finan10 cial well-being of their children; 

11 (C) increasing employment of low-income, 

12 noncustodial parents and improving compliance 

13 with child support obligations; and 

14 (D) reducing barriers to active 2-parent in15 volvement and cooperative parenting. 

16 (41) The promotion of marriage and responsible 

17 parenthood should not minimize the standing or par18 enting efforts of single parents or other caregivers, 

19 lessen the protection of children from abusive par20 ents, or compromise the safety or health of the cus21 todial or noncustodial parent, but should increase 

22 the chance that children will have 2 caring parents 

23 to help them grow up healthy and secure. 


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1 TITLE I—PROMOTING RESPON2 SIBLE FATHERHOOD AND 

3 STRENGTHENING LOW-IN4 COME FAMILIES 

5 SEC. 101. STATE ASSESSMENTS OF BARRIERS TO EMPLOY6 MENT AND FINANCIAL SUPPORT OF CHIL7 DREN. 

8 (a) STATE ASSESSMENTS AND REPORTS.—As a con9 dition of the continued approval of a State plan under part 

10 D of title IV of the Social Security Act (42 U.S.C. 651 

11 et seq.), each State with an approved such plan, acting 

12 through the appropriate State agencies, shall assess the 

13 State policies with respect to the issues described in sub14 section (b) and submit a report to the Secretary of Health 

15 and Human Services on the results of such assessment 

16 not later than October 1, 2012. 

17 (b) ISSUES DESCRIBED.—For purposes of subsection 

18 (a), the issues described in this subsection are the fol19 lowing: 

20 (1) The process of setting and modifying child 

21 support obligations, particularly with respect to low22 income parents, including— 

23 (A) the role and criteria for using imputed 

24 income in determining child support obligations; 

25 (B) the process of modifying obligations; 


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1 (C) the consideration of income and em2 ployment status, including efforts to identify 

3 unreported income; 

4 (D) the consideration of incarceration; 

5 (E) the consideration of disability; 

6 (F) the treatment of arrearages, including 

7 interest charged, and laws or procedures that 

8 interfere with forgiveness, adjustment, waiver, 

9 or compromise of arrears owed to the State by 

10 low-income noncustodial parents who lack suffi11 cient ability to pay such arrearages; 

12 (G) the procedures related to retroactive 

13 support; and 

14 (H) State pass-through and disregard poli15 cies for recipients of means-tested public bene16 fits. 

17 (2) The impact of State criminal laws and law 

18 enforcement practices on the employment acquisi19 tion, retention, and advancement prospects of indi20 viduals following arrest, conviction, or incarceration, 

21 including— 

22 (A) any efforts, including counseling or 

23 employment support, to assist ex-prisoners with 

24 reentry to a community and successful reunifi25 cation with their families; and 


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1 (B) an assessment of any efforts to seal or 

2 expunge arrest and conviction records and any 

3 efforts to grant certificates or other acknowl4 edgments of rehabilitation to ex-prisoners, and 

5 to examine State occupational licensing and cer6 tification procedures. 

7 (3) An assessment of the impact of debt on em8 ployment retention, including child support and non9 child support debts imposed to recover costs related 

10 to welfare and criminal justice. 

11 (4) An assessment of State practices related to 

12 providing prisoners and ex-prisoners with valid iden13 tification documents upon release from prison. 

14 (5) Identification of any other barriers to 

15 healthy family formation or sustainable economic op16 portunity for custodial and noncustodial parents that 

17 are created or exacerbated by Federal or State laws, 

18 policies, or procedures, including an examination of 

19 the rules of Federal and State means-tested pro20 grams, the operation of the State workforce system, 

21 the availability of financial education services, and 

22 the availability of domestic violence services and 

23 child support procedures to help victims of domestic 

24 violence stay safe and obtain the child support they 

25 are owed. 


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1 (c) GRANTS TO STATES FOR COMMISSIONS ON STATE

2 LAW IMPROVEMENTS IN THE BEST INTEREST OF CHIL3 DREN AND FAMILIES.—The Secretary of Health and 

4 Human Services shall award grants to States to establish 

5 or support commissions to review the State assessment 

6 conducted in accordance with subsection (a) and to make 

7 recommendations on ways to improve State law in the best 

8 interest of children and families. 

9 (d) APPROPRIATIONS.—Out of any money in the 

10 Treasury of the United States not otherwise appropriated, 

11 there are appropriated to the Secretary of Health and 

12 Human Services for each of fiscal years 2011 through 

13 2015, $3,000,000, to remain available until expended, for 

14 the purpose of making— 

15 (1) payments to States to offset all or a portion 

16 of the costs of conducting the State assessments and 

17 reports required under subsection (a); and 

18 (2) grants to States under subsection (c). 

19 SEC. 102. GRANTS TO STATES TO CONDUCT DEMONSTRA20 TION PROJECTS TO PROMOTE ECONOMIC OP21 PORTUNITY FOR LOW-INCOME PARENTS. 

22 (a) COURT-SUPERVISED OR IV–D AGENCY-SUPER23 VISED EMPLOYMENT PROGRAMS FOR NONCUSTODIAL

24 PARENTS.— 


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1 (1) IN GENERAL.—To assist States in imple2 menting section 466(a)(15) of the Social Security 

3 Act, the Secretary of Health and Human Services 

4 shall award grants to States to conduct demonstra5 tion projects to establish, in coordination with coun6 ties and other local or tribal governments, court-su7 pervised or IV–D agency supervised-employment 

8 programs for noncustodial parents who have barriers 

9 to employment and a history of nonpayment of child 

10 support obligations, as determined by a court or the 

11 IV–D agency, and who are determined by the court 

12 or agency to be in need of employment services or 

13 placement in order to pay such child support obliga14 tions. A noncustodial parent described in the pre15 ceding sentence who is an ex-offender shall be eligi16 ble to participate in a program established under 

17 this subsection. 

18 (2) REQUIREMENTS.— 

19 (A) OPTION TO PARTICIPATE PRIOR TO

20 CONTEMPT FINDING.—A State shall not be eli21 gible to receive a grant under this subsection 

22 unless any program established with funds 

23 made available under the grant provides non24 custodial parents described in paragraph (1) 

25 with an option to participate in the program 


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1 prior to the court or agency entering a finding 

2 that the noncustodial parent is in contempt for 

3 failure to pay a child support obligation and, 

4 potentially subject to criminal penalties. 

5 (B) PROGRAM GOALS.—An employment 

6 program established with funds made available 

7 under a grant awarded under this subsection 

8 shall be designed to do the following: 

9 (i) To assist noncustodial parents de10 scribed in paragraph (1) obtain and main11 tain unsubsidized employment. 

12 (ii) To increase the amount of finan13 cial support received by children. 

14 (iii) To help noncustodial parents de15 scribed in paragraph (1) improve relation16 ships with their children and their chil17 dren’s custodial parent. 

18 (C) 6 MONTHS OF CONTINUOUS, TIMELY

19 PAYMENTS.—An employment program estab20 lished with funds made available under this 

21 subsection shall not permit a noncustodial par22 ent placed in the program to graduate from the 

23 program and avoid penalties for failure to pay 

24 a child support obligation until the noncustodial 

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1 uous, timely payment of the parent’s child sup2 port obligations. 

3 (D) USE OF FUNDS.— 

4 (i) Services provided under an employ5 ment program established with funds made 

6 available under a grant made under this 

7 subsection must include the following: 

8 (I) Job placement, including job 

9 development and supervised job search 

10 as necessary. 

11 (II) Case management, including 

12 educational assessment and advising, 

13 vocational assessment and career ex14 ploration services, and court liaison 

15 services. 

16 (III) Counseling on responsible 

17 parenthood. 

18 (IV) Referral for support and 

19 educational services. 

20 (V) Employment retention serv21 ices. 

22 (ii) Services provided under an em23 ployment program established with funds 

24 made available under a grant made under 

25 this subsection may include the following: 


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1 (I) Remedial education services 

2 or educational referral. 

3 (II) Support funds for services 

4 such as transportation, child care, or 

5 short-term training. 

6 (III) Transitional jobs programs. 

7 (IV) Public-private career path8 way partnerships established in ac9 cordance with subsection (b)(2). 

10 (V) Occupational skill training, 

11 including college credit programs. 

12 (VI) Curricula development. 

13 (E) ADMINISTRATION.—A State that re14 ceives a grant under this subsection may con15 tract with a public or private nonprofit organi16 zation, including a faith-based or community17 based organization, to administer (in conjunc18 tion with the court of jurisdiction or the IV–D 

19 agency) the court-supervised or IV–D agency20 supervised employment program. 

21 (b) TRANSITIONAL JOBS AND PUBLIC-PRIVATE

22 PARTNERSHIP GRANTS.—The Secretary of Labor shall 

23 award grants to States to conduct demonstration projects 

24 to carry out one or more of the projects described in para25 graphs (1) and (2). 


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1 (1) TRANSITIONAL JOBS GRANTS.— 

2 (A) IN GENERAL.—To establish and ex3 pand transitional jobs programs for eligible in4 dividuals, including such programs conducted 

5 by local governments, State employment agen6 cies, nonprofit organizations, and faith-based or 

7 community-based organizations or inter8 mediaries, that— 

9 (i) combine time-limited employment 

10 in transitional jobs that may be subsidized 

11 with public funds, with activities that pro12 mote skill development and remove barriers 

13 to employment, such as case management 

14 services and education, training, child sup15 port-related services, and other activities, 

16 pursuant to individual plans; and 

17 (ii) provide such individuals with— 

18 (I) transitional jobs placements 

19 and job placement assistance, to help 

20 the individuals make the transition 

21 from subsidized employment in transi22 tional jobs to stable unsubsidized em23 ployment; and 


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1 (II) retention services after the 

2 transition to unsubsidized employ3 ment. 

4 (B) ELIGIBLE INDIVIDUALS.—For pur5 poses of this paragraph, the term ‘‘eligible indi6 viduals’’ means individuals within any of the 

7 following categories of disproportionately chron8 ically unemployed individuals: 

9 (i) Individuals who have attained age 

10 16, but not attained age 36, and who have 

11 documented barriers to employment such 

12 as lack of a high school diploma, limited 

13 English proficiency, aging out of foster 

14 care, or offender status, particularly such 

15 individuals who are parents or expectant 

16 parents. 

17 (ii) Formerly incarcerated individuals. 

18 (iii) Homeless or formerly homeless 

19 individuals. 

20 (iv) Individuals with disabilities. 

21 (v) Individuals designated by a court 

22 or the IV–D agency to participate in tran23 sitional jobs programs. 

24 (C) LIMITATIONS ON USE OF FUNDS.— 


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1 (i) ALLOWABLE ACTIVITIES.—A State 

2 that receives a grant under this paragraph 

3 (or a subgrantee of such State) (referred 

4 to in this paragraph as the ‘‘program oper5 ator’’) shall use the funds made available 

6 under the grant to operate a transitional 

7 jobs program for eligible individuals con8 sistent with the following requirements: 

9 (I) JOBS.—The program oper10 ator shall place eligible individuals in 

11 temporary jobs, the incomes from 

12 which may be subsidized in whole or 

13 in part with public funds. An eligible 

14 individual placed in such a job (re15 ferred to in this paragraph as ‘‘a par16 ticipant’’) shall perform work directly 

17 for the program operator or another 

18 public, nonprofit, or private sector or19 ganization (which operator or organi20 zation may be referred to in this para21 graph as a ‘‘worksite employer’’) with22 in the community involved. 

23 (II) HOURS.— 

24 (aa) IN GENERAL.—Subject 

25 to item (bb), the transitional jobs 


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1 program shall provide a partici2 pant with not less than 30, and 

3 not more than 40, hours per 

4 week of a combination of paid 

5 employment and the services de6 scribed in subclauses (III), (IV), 

7 and (V). 

8 (bb) ACCOMMODATION OF

9 SPECIAL CIRCUMSTANCES.—The 

10 number of hours per week re11 quired under item (aa) may be 

12 adjusted in the case of a partici13 pant who requires a modified 

14 work week to accommodate spe15 cial circumstances. 

16 (III) JOB PREPARATION AND

17 SERVICES.—The program operator 

18 shall— 

19 (aa) develop an individual 

20 plan for each participant, which 

21 shall contain a goal that focuses 

22 on preparation of the participant 

23 for unsubsidized jobs in demand 

24 in the local economy that offer 

25 the potential for advancement 


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1 and growth (including increases 

2 in wages and benefits); 

3 (bb) develop transitional 

4 jobs placements for participants 

5 that will best prepare them for 

6 jobs described in item (aa) or 

7 participation in the public-private 

8 career pathway partnerships es9 tablished in accordance with 

10 paragraph (2); and 

11 (cc) provide case manage12 ment services and ensure that 

13 appropriate education, training, 

14 and other activities are available 

15 to participants, consistent with 

16 each participant’s individual 

17 plan. 

18 (IV) JOB PLACEMENT ASSIST19 ANCE AND RETENTION SERVICES.— 

20 The program operator shall provide 

21 job placement assistance to help par22 ticipants obtain unsubsidized employ23 ment and shall provide retention serv24 ices to the participants for a minimum 


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1 of 6 months after entry into the un2 subsidized employment. 

3 (V) EDUCATION OR TRAINING.— 

4 In any workweek in which a partici5 pant is scheduled to work at least 30 

6 hours in the program, not less than 

7 20 percent of the scheduled hours and 

8 not more than 50 percent of the 

9 scheduled hours shall involve partici10 pation in— 

11 (aa) education or training 

12 activities designed to improve the 

13 participant’s employability and 

14 potential earnings; 

15 (bb) other activities designed 

16 to reduce or eliminate any bar17 riers that may impede the par18 ticipant’s ability to secure and 

19 advance in unsubsidized employ20 ment; or 

21 (cc) activities designed to 

22 promote financial literacy and the 

23 use of products and services that 

24 increase personal savings and 

25 build financial assets for family 


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1 support, education, homeowner2 ship, and retirement. 

3 (VI) DURATION.— 

4 (aa) IN GENERAL.—Subject 

5 to item (bb), the duration of any 

6 placement in the program shall 

7 be for a minimum period of 3 

8 consecutive months. 

9 (bb) 3-MONTH EXTEN10 SION.—A program placement 

11 may be extended for up to 2 ad12 ditional consecutive 3-month pe13 riods upon the conclusion of the 

14 original 3-month placement pe15 riod if such extension would be 

16 consistent with the individual’s 

17 plan for transition to unsub18 sidized employment. 

19 (VII) SUPERVISION.—The work20 site employer or program operator 

21 shall supervise program participants, 

22 consistent with the goal of addressing 

23 the limited work experience and skills 

24 of the participants. 


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1 (D) REPORTS.—Not later than 120 days 

2 after the end of the grant period, the State 

3 shall submit a report to the Secretary of Labor 

4 that contains information on the number of 

5 participants in the program who have entered 

6 unsubsidized employment, the percentage of 

7 program participants who are employed during 

8 the second quarter after exit, the percentage of 

9 program participants who are employed during 

10 the fourth quarter after exit, the median earn11 ings of program participants during the second 

12 quarter after exit, the percentage of program 

13 participants who obtain an education or train14 ing credential during participation or within one 

15 year of exit, and demographic information re16 garding the participants. 

17 (E) TECHNICAL ASSISTANCE.—The Sec18 retary of Labor shall enter into contracts with 

19 entities with demonstrated experience in the 

20 provision of transitional jobs to provide tech21 nical assistance to the program operators and 

22 worksite employers for the programs assisted 

23 under this paragraph. 

24 (2) PUBLIC-PRIVATE CAREER PATHWAYS PART25 NERSHIPS.— 


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1 (A) IN GENERAL.—To allow workforce 

2 education providers representing career path3 way partnerships— 

4 (i) to create or expand career path5 ways, with groups of employers in specific 

6 industry or occupational sectors, for dis7 advantaged workers, which may include 

8 any mix of such employers’ existing lower 

9 wage employees, new hires or potential 

10 hires; or 

11 (ii) to fill in gaps in career pathways 

12 in particular localities or regions as needed 

13 to ensure that career pathways are acces14 sible to unemployed disadvantaged workers 

15 and at risk youth who have lower skills or 

16 limited English proficiency, including 

17 through the creation of workforce edu18 cation services, such as ‘‘bridge’’ programs 

19 that contextualize basic skills, English lan20 guage, or college remedial education serv21 ices to specific career pathways, and ef22 forts to create opportunities for gaining 

23 work experience in a career pathway. 

24 (B) USE OF FUNDS.—Funds made avail25 able under a grant under this paragraph may 


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1 be used by career pathways partnerships for 

2 any expense reasonably related to the accom3 plishment of the specific objectives of the part4 nership and the purpose described in this para5 graph, including any of the activities described 

6 in subsection (a)(2)(D). 

7 (C) LIMITATIONS.— 

8 (i) IN GENERAL.—Of the funds made 

9 available to a career pathway partnership 

10 to carry out the purpose described in this 

11 paragraph— 

12 (I) not more than 30 percent of 

13 such funds may be used to pay or 

14 subsidize wages during a period of 

15 work experience or internship, not to 

16 exceed 90 days; and 

17 (II) not more than 10 percent of 

18 such funds may be used for adminis19 trative purposes, but this limitation 

20 shall not apply to activities related to 

21 building and maintaining partner22 ships, including such activities as con23 ducting workforce needs assessments, 

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1 tomized curricula, and developing 

2 work experience opportunities. 

3 (ii) PROHIBITION ON SUBSIDIZING

4 WAGES OF CURRENT EMPLOYEES.—No 

5 funds made available to carry out this 

6 paragraph shall be used to subsidize the 

7 wages of any individual who, as of the date 

8 of the establishment of the career pathway 

9 partnership, is an employee of any em10 ployer participating in the partnership. 

11 (D) REQUIREMENTS FOR AWARDING OF

12 SUBGRANTS.— 

13 (i) IN GENERAL.—Funds shall be 

14 made available to career pathway partner15 ships to carry out the purpose described in 

16 this paragraph based on a performance17 based accountability system that includes 

18 the following measures of performance: 

19 (I) The number of individuals to 

20 be trained. 

21 (II) The percentage of such indi22 viduals who complete the program. 

23 (III) The percentage of such in24 dividuals who enter or advance in em25 ployment. 


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1 (IV) The wage and benefit gains 

2 of individuals who complete the pro3 gram before and within 6 months 

4 after their program completion, in5 cluding the extent to which the indi6 viduals achieved economic self-suffi7 ciency. 

8 (V) The percentage of individuals 

9 who complete the program and enter 

10 employment who retain employment 

11 for at least 6 months. 

12 (VI) Where applicable, the per13 centage of individuals who owe child 

14 support and complete the program 

15 who improve in their payment of child 

16 support within 6 months after their 

17 program completion. 

18 In establishing goals for such measures, 

19 due consideration shall be given to the edu20 cation, work experience, and job readiness 

21 of the individuals expected to participate in 

22 the program, the barriers of such individ23 uals to employment, and the local job mar24 ket. 


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1 (ii) CONSIDERATIONS FOR FUNDING

2 RENEWALS.—A subgrantee’s level of suc3 cess in achieving employment, advance4 ment, wage, and employment retention 

5 goals shall be a primary consideration for 

6 determining whether to renew a grant 

7 made to such entity and the funding level 

8 for such grant. 

9 (iii) PRIORITIES FOR AWARDS OF SUB10 GRANTS.—In awarding subgrants under 

11 this paragraph, a State shall give priority 

12 to applications that— 

13 (I) propose to serve areas of high 

14 poverty, high youth unemployment, 

15 high dropout rates, or high rates of 

16 low-income single-parent families; 

17 (II) include a substantial cash or 

18 in-kind match by all employers, in19 cluding joint labor-management pro20 grams where applicable, in the part21 nerships, such as paid release time for 

22 employed workforce education partici23 pants; 

24 (III) use instructional materials 

25 and instructors directly used in the 


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1 specific business or industry sectors of 

2 the partnership employers; 

3 (IV) link successful completion of 

4 workforce education services to wage 

5 increases, promotions or job hires; 

6 (V) will result in attainment of 

7 employer-recognized occupational and 

8 educational credentials; 

9 (VI) address career guidance and 

10 adult basic education and English lan11 guage needs as well as job-specific 

12 skills; 

13 (VII) demonstrate a blending of 

14 resources from partner agencies in the 

15 workforce system and other sectors 

16 and Federal programs, including su17 perior procedures for coordinating re18 sponsible fatherhood promotion activi19 ties, where appropriate, to support the 

20 development of high quality pathways; 

21 (VIII) identify how the sub22 grantee will maximize services to un23 employed disadvantaged workers who 

24 also face other barriers in the labor 

25 market, such as high school dropout, 


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1 offender status, aging out of foster 

2 care, low basic skill level, including 

3 limited English proficiency, learning 

4 disabilities, physical, emotional or be5 havior disabilities, or substance abuse 

6 recovery, which may be through direct 

7 relationships with local providers of 

8 transitional jobs programs under 

9 which in appropriate circumstances 

10 transitional jobs participants may ac11 cess career pathways programs upon 

12 completion of the transitional jobs 

13 program; and 

14 (IX) support collaboration, as ap15 propriate, between employers and 

16 labor organizations and other work17 force development professionals, in18 cluding joint labor management train19 ing and education programs where ap20 propriate. 

21 (E) DEFINITIONS.—In this paragraph: 

22 (i) ADULT EDUCATION.—The term 

23 ‘‘adult education’’ has the meaning given 

24 that term in section 203 of the Workforce 

25 Investment Act of 1998 (20 U.S.C. 9202). 


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1 (ii) CAREER PATHWAY.—The term 

2 ‘‘career pathway’’ means a linked set of 

3 workforce education and job opportunities 

4 within a specific industry sector, or for an 

5 occupational sector that cuts across mul6 tiple business and industry sectors, which 

7 begins at the lowest skill and English lan8 guage levels, and extends through for-cred9 it college opportunities such as earning rel10 evant associate or bachelor’s degrees, and 

11 prepares individuals for advancement in 

12 jobs in demand in the local or regional 

13 labor market. 

14 (iii) COMMUNITY-BASED PROVIDER.— 

15 The term ‘‘community-based provider’’ 

16 means a not-for-profit organization, with 

17 local boards of directors, that directly pro18 vides workforce education services. 

19 (iv) INSTITUTION OF HIGHER EDU20 CATION.—The term ‘‘institution of higher 

21 education’’ has the meaning given that 

22 term in section 101 of the Higher Edu23 cation Act of 1965 (20 U.S.C. 1001). 

24 (v) CHARTER SCHOOL.—The term 

25 ‘‘charter school’’ has the meaning given 


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1 that term in section 5210 of the Elemen2 tary and Secondary Education Act of 1965 

3 (20 U.S.C. 7221i). 

4 (vi) AREA VOCATIONAL EDUCATION

5 SCHOOL.—The term ‘‘area vocational and 

6 technical education school’’ has the mean7 ing given that term in section 3 of the Carl 

8 D. Perkins Vocational and Technical Edu9 cation Act of 1998 (20 U.S.C. 2302). 

10 (vii) DISADVANTAGED WORKERS.— 

11 The term ‘‘disadvantaged workers’’ means 

12 unemployed individuals in low-income 

13 households or employed individuals in low14 income households with wages at or below 

2 15 ⁄3 of the median wage for the State or re16 gion applying for the grant. 

17 (viii) CAREER PATHWAY PARTNER18 SHIP.—The term ‘‘career pathway partner19 ship’’ means collaborations of 1 or more 

20 workforce education providers, 1 or more 

21 employers, 1 or more labor organizations, 

22 where applicable, as a result of such orga23 nization’s representation of employees at 

24 the worksite who have skills in which the 

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1 posed, and may include optional additional 

2 entities as needed to provide a comprehen3 sive range of workforce education and an4 cillary support services. 

5 (ix) WORKFORCE EDUCATION.—The 

6 term ‘‘workforce education’’ means a set of 

7 career guidance and exploration services, 

8 adult education and English language serv9 ices, job training, registered apprenticeship 

10 programs, and credit and noncredit post11 secondary education services aimed at pre12 paring individuals to enter and sustain em13 ployment in specific occupations and to 

14 have the sufficient skills to respond to 

15 shifting employment opportunities. 

16 (x) WORKFORCE EDUCATION PRO17 VIDER.—The term ‘‘workforce education 

18 provider’’ means community-based pro19 viders, institutions of higher education, 

20 area vocational and technical education 

21 schools, charter schools, and other public 

22 nonprofit entities that have a demonstrated 

23 capacity to provide quality workforce edu24 cation services. 

25 (c) MATCHING REQUIREMENT.— 


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1 (1) IN GENERAL.—The Secretary of Health and 

2 Human Services and the Secretary of Labor may 

3 not award a grant to a State under this section un4 less the State agrees that, with respect to the costs 

5 to be incurred by the State in conducting a dem6 onstration project with funds provided under the 

7 grant, the State will make available non-Federal 

8 contributions in an amount equal to 10 percent of 

9 the amount of Federal funds paid to the State under 

10 such grant. 

11 (2) NON-FEDERAL CONTRIBUTIONS.—In this 

12 subsection, the term ‘‘non-Federal contributions’’ in13 cludes contributions by the State and by public and 

14 private entities that may be in cash or in kind, but 

15 does not include any amounts provided by the Fed16 eral Government, or services assisted or subsidized 

17 to any significant extent by the Federal Government, 

18 or any amount expended by a State before October 

19 1, 2007. 

20 (d) WORKER PROTECTIONS AND LABOR STAND21 ARDS.— 

22 (1) RATE OF PAY; BENEFITS AND WORKING

23 CONDITIONS.— 

24 (A) IN GENERAL.—A worksite employer of 

25 a participant in a program or activity funded 


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1 under this section shall pay the participant at 

2 the rate paid to employees of the worksite em3 ployer who are not participants in such pro4 gram or activity and who perform comparable 

5 work at the worksite, including periodic in6 creases where appropriate. If no other employ7 ees of the worksite employer perform com8 parable work at the worksite, the worksite em9 ployer shall pay the participant not less than 

10 the applicable Federal or State minimum wage, 

11 whichever is higher. 

12 (B) BENEFITS AND CONDITIONS.—An in13 dividual employed through participation in a 

14 program or activity funded under this section 

15 shall be provided with benefits and working 

16 conditions at the same level and to the same ex17 tent as such benefits and conditions are pro18 vided to other employees of the employer of the 

19 individual who have worked a similar length of 

20 time and perform the same work. 

21 (2) NONDUPLICATION.— 

22 (A) IN GENERAL.—Funds provided 

23 through a grant made under this paragraph 

24 shall be used only for a program or activity that 

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1 gram or activity otherwise available in the local2 ity of the program or activity funded under this 

3 section. 

4 (B) PRIVATE, NONPROFIT ENTITY.—Funds 

5 provided through a grant made under this sec6 tion shall not be provided to a private nonprofit 

7 entity to conduct programs or activities that are 

8 the same as or substantially equivalent to ac9 tivities provided by a State or local government 

10 agency in the area in which such entity is lo11 cated, unless the requirements of paragraph (3) 

12 are met. 

13 (3) NONDISPLACEMENT.— 

14 (A) IN GENERAL.—A worksite employer 

15 shall not displace an employee or position (in16 cluding partial displacement such as reduction 

17 in hours, wages, or employment benefits) or im18 pair contracts for services or collective bar19 gaining agreements, as a result of the use by 

20 such employer of a participant in a program or 

21 activity funded under this section, and no par22 ticipant in the program or activity shall be as23 signed to fill any established unfilled position 

24 vacancy. 


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1 (B) JOB OPPORTUNITIES.—A job oppor2 tunity shall not be created under this paragraph 

3 that will infringe in any manner on the pro4 motional opportunity of an employed individual. 

5 (C) LIMITATION ON SERVICES.— 

6 (i) SUPPLANTATION OF HIRING.—A 

7 participant in any program or activity 

8 funded under this section shall not perform 

9 any services or duties, or engage in activi10 ties, that will supplant the hiring of em11 ployees that are not participants in the 

12 program or activity. 

13 (ii) DUTIES FORMERLY PERFORMED

14 BY ANOTHER EMPLOYEE.—A participant 

15 in any program or activity funded under 

16 this section shall not perform services or 

17 duties, or engage in activities, that are 

18 services, duties, or activities that had been 

19 performed by or were assigned to any em20 ployee who recently resigned or was dis21 charged, who is subject to a reduction in 

22 force, who has recall rights pursuant to a 

23 collective bargaining agreement or applica24 ble personnel procedures, who is on leave 

25 (such as terminal, temporary, vacation, 


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1 emergency, or sick leave), who is on strike, 

2 or who is being locked out. 

3 (D) CONCURRENCE OF LOCAL LABOR OR4 GANIZATION.—No placement shall be made 

5 under a program or activity funded under this 

6 section until the entity conducting the program 

7 or activity has obtained the written concurrence 

8 of any local labor organization representing em9 ployees who are engaged in the same or sub10 stantially similar work as that proposed to be 

11 carried out for the worksite employer with 

12 whom a participant is to be placed under the 

13 program or activity. 

14 (4) NO IMPACT ON UNION ORGANIZING.—A 

15 State conducting a demonstration project funded 

16 under this section and any entity conducting a pro17 gram or activity funded under this section shall pro18 vide the Secretary with a certified assurance that 

19 none of such funds shall be used to assist or deter 

20 union organizing. 

21 (5) ACCOUNTABILITY.— 

22 (A) IN GENERAL.—Funds provided under 

23 this section shall not be used to subsidize train24 ing or employment with an employer that has 

25 a demonstrable record of noncompliance with 


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1 Federal labor, civil rights, workplace safety, or 

2 related laws. 

3 (B) CERTIFIED SATISFACTORY RECORD.— 

4 Employers who receive training or wage sub5 sidies under programs or activities funded 

6 under this section shall have a satisfactory 

7 record in labor relations and employment prac8 tices, as certified by the Secretary of Labor. 

9 (C) APPLICATION OF WORKER PROTEC10 TION LAWS.—A participant in a program or ac11 tivity funded under this section shall be consid12 ered to be an employee of any employer that 

13 the participant is placed with for all purposes 

14 under Federal and State law, including laws re15 lating to health and safety, civil rights, and 

16 worker’s compensation. 

17 (D) OTHER JOB QUALITY STANDARDS.— 

18 Employers who receive training or wage sub19 sidies under programs or activities funded 

20 under this section shall meet all applicable 

21 State or local job or employer quality standards 

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1 force Investment Act of 1998 (29 U.S.C. 2801 

2 et seq.). 

3 (6) GRIEVANCE PROCEDURE.—An entity con4 ducting a program or activity funded under this sec5 tion shall establish and maintain a procedure for the 

6 filing and adjudication of grievances by employees of 

7 worksite employers who are not participants in the 

8 program, or such employees’ representatives, or by 

9 participants in such a program or activity alleging a 

10 violation of a provision of this subsection that is 

11 similar to the grievance procedure established by a 

12 State for purposes of section 407(f)(3) of the Social 

13 Security Act (42 U.S.C. 607(f)(3)). 

14 (7) NONPREEMPTION OF STATE LAW.—The 

15 provisions of this subsection shall not be construed 

16 to preempt any provision of State law that affords 

17 greater protections to employees or participants than 

18 are afforded by this subsection. 

19 (8) TREATMENT OF AMOUNTS PAID TO PAR20 TICIPANTS.—Amounts paid to a participant in a 

21 program or activity funded under this section shall 

22 be— 

23 (A) considered earned income for purpose 

24 of determining the participant’s eligibility for 

25 the child tax credit established under section 24 


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1 of the Internal Revenue Code of 1986, the 

2 earned income tax credit established under sec3 tion 32 of such Code, and any other tax benefit 

4 established under such Code the eligibility for 

5 which is based on earned income; and 

6 (B) disregarded for purposes of deter7 mining the participant’s, the participant’s fam8 ily’s, or the participant’s household’s eligibility 

9 for, or amount of, assistance or benefits pro10 vided under any means-tested program funded 

11 in whole or in part with Federal funds. 

12 (e) APPLICATION.— 

13 (1) REQUIREMENTS FOR ALL APPLICATIONS.— 

14 (A) IN GENERAL.—A State desiring to re15 ceive a grant to conduct a demonstration 

16 project under this section shall submit an appli17 cation— 

18 (i) to the Secretary of Health and 

19 Human Services, in the case of a grant 

20 under subsection (a); or 

21 (ii) to the Secretary of Labor, in the 

22 case of a grant under subsection (b); 

23 at such time, in such manner, and containing 

24 such information or assurances as the Secretary 


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1 of Health and Human Services or the Secretary 

2 of Labor, as appropriate, may require. 

3 (B) COMPLIANCE WITH WORKER PROTEC4 TIONS AND LABOR STANDARDS.—The applica5 tion shall include an assurance that the State 

6 and any entity conducting a program or activity 

7 under the project shall comply with the worker 

8 protections and labor standards established in 

9 accordance with such protections under sub10 section (d). 

11 (C) NONDISCRIMINATION.—The applica12 tion shall include an assurance that the State 

13 and any entity conducting a program or activity 

14 under the demonstration project shall comply 

15 with section 188(a)(2) of the Workforce Invest16 ment Act of 1998 (29 U.S.C. 2938(a)(2)) to 

17 the same extent that such section would apply 

18 to the entity if the program or activity con19 ducted under the demonstration project was 

20 considered to be funded or otherwise financially 

21 assisted under that Act. 

22 (D) ASSURANCE GRANT WILL SUPPLE23 MENT, NOT SUPPLANT, OTHER STATE FUND24 ING.—The application shall include an assur25 ance from the chief executive officer of the 


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1 State that funds made available under the 

2 grant will supplement, and not supplant, other 

3 funds used by the State to establish or support 

4 employment placements for low-income parents. 

5 (2) SPECIFIC DEMONSTRATION PROJECT RE6 QUIREMENTS.— 

7 (A) COURT-SUPERVISED OR IV–D AGENCY8 SUPERVISED EMPLOYMENT PROGRAMS FOR

9 NONCUSTODIAL PARENTS.—In order to conduct 

10 a demonstration project described in subsection 

11 (a), a State shall include in the application sub12 mitted to the Secretary of Health and Human 

13 Services the following: 

14 (i) Evidence of an agreement between 

15 the State and 1 or more counties to estab16 lish an employment program that meets 

17 the requirements of subsection (a). 

18 (ii) The number of potential noncusto19 dial parents to be served by the program. 

20 (iii) The purposes specific to that 

21 State’s program. 

22 (iv) The median income of the target 

23 population. 

24 (B) PUBLIC-PRIVATE CAREER PATHWAYS

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1 onstration project described in paragraph (2) of 

2 subsection (b), a State shall include in the ap3 plication submitted to the Secretary of Labor a 

4 description of— 

5 (i) the number, characteristics, and 

6 employment and earnings status of dis7 advantaged individuals in the State or ap8 plicable region where the program is to be 

9 conducted; 

10 (ii) which business and industry sec11 tors, or occupational clusters that cut 

12 across sectors, will be targeted by the ca13 reer pathways partnership, based on over14 all economic benefit to the community, the 

15 current and future demand for workers, 

16 the advancement opportunities for workers, 

17 the wages at each step of the career path18 way, and availability of worker benefits; 

19 (iii) the interventions that will be put 

20 in place to address any educational defi21 cits, limited English proficiency, or learn22 ing disabilities of individuals who partici23 pate in the program and to ensure that 

24 such individuals have the academic, tech25 nical, communications, and other job skills 


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1 to function in the jobs targeted by the 

2 partnership; 

3 (iv) how the members of the partner4 ship will collaborate on the development of 

5 curriculum and delivery of training that 

6 will provide the necessary occupational, 

7 academic and other work-related skills and 

8 credentialing needed for the specific labor 

9 market areas; 

10 (v) the supports that will be used to 

11 provide counseling, mentoring or other 

12 support to individuals while in training or 

13 to assist them in navigating in complicated 

14 work environments; 

15 (vi) the set of career exposure activi16 ties that will be put in place to provide 

17 hands-on experience such as work experi18 ence, on the job training, internships, or 

19 work-study; 

20 (vii) the agreements that are in place 

21 with employers, industry groups, and labor 

22 organizations, where applicable, to ensure 

23 access to jobs and advancement opportuni24 ties in the targeted businesses, industry, or 

25 occupations; 


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1 (viii) how the workforce education 

2 providers in the partnership will assess the 

3 employment barriers and needs of local 

4 disadvantaged individuals who participate 

5 in the program and will identify resources 

6 for meeting those needs; 

7 (ix) how the workforce education pro8 viders will work with partnership employ9 ers, business and industry groups, labor 

10 organizations, where applicable, and local 

11 economic development organizations to 

12 identify the priority workforce needs of the 

13 local industry; 

14 (x) how the partnerships will ensure 

15 that the appropriate program delivery 

16 models and formal agreements are in place 

17 to ensure maximum benefits to the individ18 uals receiving career pathway partnership 

19 services and to the employers and labor or20 ganizations, where applicable, in the part21 nership and the industries or businesses 

22 they represent; 

23 (xi) how partnership employers and 

24 labor organizations, where applicable, will 

25 be actively involved in identifying specific 


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1 workforce education needs, planning the 

2 curriculum, assisting in training activities, 

3 providing job opportunities, and coordi4 nating job retention for individuals hired 

5 after training through the program and 

6 followup support; and 

7 (xii) how the partnership will build on 

8 existing career pathways programs, where 

9 applicable, to serve the targeted popu10 lation. 

11 (3) APPLICATIONS BY INDIAN TRIBES OR TRIB12 AL ORGANIZATIONS.—The Secretary of Health and 

13 Human Services and the Secretary of Labor may ex14 empt an Indian tribe or tribal organization from any 

15 requirement of this section that the Secretary of 

16 Health and Human Services or the Secretary of 

17 Labor determines would be inappropriate to apply to 

18 the Indian tribe or tribal organization, taking into 

19 account the resources, needs, and other cir20 cumstances of the Indian tribe or tribal organiza21 tion. 

22 (f) PRIORITIES AND REQUIREMENTS FOR AWARDING

23 GRANTS.— 

24 (1) IN GENERAL.—Subject to paragraphs (2) 

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1 ices (in the case of a grant under subsection (a)) 

2 and the Secretary of Labor (in the case of a grant 

3 under subsection (b)) shall give priority to making 

4 grants under this section to entities that— 

5 (A) demonstrate success with respect to 

6 meeting the goals of quality job placement, 

7 long-term unsubsidized job retention, and, 

8 where applicable, increasing child support pay9 ments, decreasing unpaid child support arrear10 ages, and increasing the involvement of low-in11 come noncustodial parents with their children 

12 through their participation in responsible fa13 therhood activities, including participation in 

14 programs that provide culturally relevant cur15 ricula in core subjects including— 

16 (i) conducting activities with children; 

17 (ii) improving communication skills; 

18 (iii) child support management; 

19 (iv) providing financially for the fam20 ily’s security and well-being; 

21 (v) managing stress and anger; 

22 (vi) maintaining physical and mental 

23 health; 

24 (vii) parenting and relationship skills; 

25 (viii) child development; and 


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1 (ix) barriers to responsible parent2 hood, including substance abuse, unem3 ployment, criminal justice system involve4 ment, and inadequate housing; and 

5 (B) coordinate with, and link individuals 

6 as applicable to, other public and private bene7 fits and employment services for low-income 

8 adults among the different systems or programs 

9 in which such adults are involved, including the 

10 criminal justice system, the State programs 

11 funded under each part of title IV of the Social 

12 Security Act (42 U.S.C. 601 et seq.) (including 

13 programs and activities funded under section 

14 403(a)(2) of the Social Security Act (42 U.S.C. 

15 603(a)(2)), educational assistance and student 

16 aid programs, and job training or employment 

17 programs, including State employment agencies. 

18 (2) PERFORMANCE MEASURES.—In making 

19 grants under this section, the Secretary of Health 

20 and Human Services (in the case of a grant under 

21 subsection (a)) and the Secretary of Labor (in the 

22 case of a grant under subsection (b)) shall ensure 

23 that grantees demonstrate a plan for implementing 

24 measures to track their performance with respect to 

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1 term unsubsidized job retention, and, where applica2 ble, increasing child support payments, decreasing 

3 child support arrearages, and increasing the involve4 ment of low-income noncustodial parents with their 

5 children. 

6 (3) REFLECTIVE OF TARGET POPULATIONS.— 

7 In making grants under this section, the Secretary 

8 of Health and Human Services (in the case of a 

9 grant under subsection (a)) and the Secretary of 

10 Labor (in the case of a grant under subsection (b)) 

11 shall give priority to States with proposed dem12 onstration projects that are designed to target low13 income adults, including custodial and noncustodial 

14 parents, and low-income married couples. 

15 (4) SUBSTANTIAL FUNDING FOR EACH OF THE

16 PURPOSES.—In making grants under subsection (b), 

17 the Secretary of Labor shall ensure that a substan18 tial share of the amount appropriated under sub19 section (j) for a fiscal year is used for carrying out 

20 each of the projects described in paragraphs (1) and 

21 (2) of subsection (b). 

22 (g) REGULATORY AND POLICY FLEXIBILITY.—The 

23 Secretary of Labor and the Secretary of Health and 

24 Human Services, in coordination with the Secretary of 

25 Education and the Attorney General, shall work with 


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1 grantees under this section to resolve policy barriers that 

2 may impede blending of Federal resources to support 

3 these demonstration projects. 

4 (h) EVALUATION.—The Secretary of Health and 

5 Human Services (in the case of a grant under subsection 

6 (a)) and the Secretary of Labor (in the case of a grant 

7 under subsection (b)) shall provide for an independent and 

8 rigorous evaluation of the demonstration projects con9 ducted under this section that includes, to the maximum 

10 extent feasible, random assignment or other appropriate 

11 statistical techniques, in order to assess the effectiveness 

12 of the projects. 

13 (i) GENERAL DEFINITIONS.—In this section: 

14 (1) STATE.—The term ‘‘State’’ means each of 

15 the 50 States, the District of Columbia, the Com16 monwealth of Puerto Rico, the United States Virgin 

17 Islands, Guam, American Samoa, and includes an 

18 Indian tribe or tribal organization. 

19 (2) IV–D AGENCY.—The term ‘‘IV–D agency’’ 

20 means the State or local agency responsible for ad21 ministering the State program established under 

22 part D of title IV of the Social Security Act (42 

23 U.S.C. 651 et seq.). 

24 (3) INDIAN TRIBE; TRIBAL ORGANIZATION.— 

25 The terms ‘‘Indian tribe’’ and ‘‘tribal organization’’ 


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1 have the meaning given such terms in section 4 of 

2 the Indian Self-Determination and Education Assist3 ance Act (25 U.S.C. 450b). 

4 (j) APPROPRIATION.—Out of any money in the 

5 Treasury of the United States not otherwise appropriated, 

6 there are appropriated to carry out this section— 

7 (1) for programs administered by the Secretary 

8 of Health and Human Services under subsection (a), 

9 $15,000,000 for each of fiscal years 2011 through 

10 2015; and 

11 (2) for programs administered by the Secretary 

12 of Labor under subsection (b), $35,000,000 for each 

13 of fiscal years 2011 through 2015. 

14 SEC. 103. HEALTHY MARRIAGE PROMOTION AND RESPON15 SIBLE FATHERHOOD PROGRAMS. 

16 (a) ENSURING FUNDING FOR RESPONSIBLE FA17 THERHOOD PROGRAMS.—Section 403(a)(2)(C) of the So18 cial Security Act (42 U.S.C. 603(a)(2)(C)) is amended— 

19 (1) in the subparagraph heading, by striking 

20 ‘‘LIMITATION ON USE OF’’ and inserting ‘‘REQUIRE21 MENT TO USE CERTAIN’’; and 

22 (2) in clause (i), by striking ‘‘may not award 

23 more than $50,000,000’’ and inserting ‘‘shall award 

at least 1 24 ⁄2 of the amounts’’. 

25 (b) VOLUNTARY PARTICIPATION.— 


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1 (1) ASSURANCE.—Section 403(a)(2)(A)(ii)(II) 

2 of the Social Security Act (42 U.S.C. 

3 603(a)(2)(A)(ii)(II)) is amended— 

4 (A) in item (aa), by striking ‘‘and’’ at the 

5 end; 

6 (B) in item (bb), by striking the period at 

7 the end and inserting a semicolon; and 

8 (C) by adding at the end the following new 

9 items: 

10 ‘‘(cc) if the entity is a State 

11 or an Indian tribe or tribal orga12 nization, to not condition the re13 ceipt of assistance under the pro14 gram funded under this part, 

15 under a program funded with 

16 qualified State expenditures (as 

17 defined in section 

18 409(a)(7)(B)(i)), or under any 

19 other program funded under this 

20 title on enrollment in any such 

21 programs or activities; and 

22 ‘‘(dd) to permit any indi23 vidual who has begun to partici24 pate in a particular program or 

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1 graph, including an individual 

2 whose participation is specified in 

3 the individual responsibility plan 

4 developed for the individual in 

5 accordance with section 408(b), 

6 to transfer to another such pro7 gram or activity funded under 

8 this paragraph upon notification 

9 to the entity and the State agen10 cy responsible for administering 

11 the State program funded under 

12 this part.’’. 

13 (2) PROHIBITION.—Section 408(a) of such Act 

14 (42 U.S.C. 608(a)) is amended by adding at the end 

15 the following: 

16 ‘‘(12) BAN ON CONDITIONING RECEIPT OF

17 TANF OR CERTAIN OTHER BENEFITS ON PARTICIPA18 TION IN A HEALTHY MARRIAGE OR RESPONSIBLE

19 FATHERHOOD PROGRAM.—A State to which a grant 

20 is made under section 403 shall not condition the re21 ceipt of assistance under the State program funded 

22 under this part, under a program funded with quali23 fied State expenditures (as defined in section 

24 409(a)(7)(B)(i)), or under any other program fund25 ed under this title, on participation in a healthy 


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1 marriage promotion activity (as defined in section 

2 403(a)(2)(A)(iii)) or in an activity promoting re3 sponsible fatherhood (as defined in section 

4 403(a)(2)(C)(ii)).’’. 

5 (3) PENALTY.—Section 409(a) of such Act (42 

6 U.S.C. 609(a)) is amended by adding at the end the 

7 following: 

8 ‘‘(16) PENALTY FOR CONDITIONING RECEIPT

9 OF TANF OR CERTAIN OTHER BENEFITS ON PARTICI10 PATION IN A HEALTHY MARRIAGE OR RESPONSIBLE

11 FATHERHOOD PROGRAM.—If the Secretary deter12 mines that a State has violated section 408(a)(12) 

13 during a fiscal year, the Secretary shall reduce the 

14 grant payable to the State under section 403(a)(1) 

15 for the immediately succeeding fiscal year by an 

16 amount equal to 5 percent of the State family assist17 ance grant.’’. 

18 (c) ACTIVITIES PROMOTING RESPONSIBLE FATHER19 HOOD.—Section 403(a)(2)(C)(ii) of the Social Security 

20 Act (42 U.S.C. 603(a)(2)(C)(ii)) is amended— 

21 (1) in subclause (I), by striking ‘‘marriage or 

22 sustain marriage’’ and insert ‘‘healthy relationships 

23 and marriages or to sustain healthy relationships or 

24 marriages’’; 


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1 (2) in subclause (II), by inserting ‘‘educating 

2 youth who are not yet parents about the economic, 

3 social, and family consequences of early parenting, 

4 helping participants in fatherhood programs work 

5 with their own children to break the cycle of early 

6 parenthood,’’ after ‘‘child support payments,’’; and 

7 (3) in subclause (III), by striking ‘‘fathers’’ and 

8 inserting ‘‘low-income fathers and other low-income 

9 noncustodial parents who are not eligible for assist10 ance under the State program funded under this 

11 part’’. 

12 (d) REAUTHORIZATION.—Section 403(a)(2)(D) of 

13 such Act (42 U.S.C. 603(a)(2)(D)) is amended by striking 

14 ‘‘year 2011’’ each place it appears and inserting ‘‘years 

15 2011 through 2015’’. 

16 (e) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect on October 1, 2010. 

18 SEC. 104. ELIMINATION OF SEPARATE TANF WORK PAR19 TICIPATION RATE FOR 2-PARENT FAMILIES. 

20 (a) IN GENERAL.—Section 407 of the Social Security 

21 Act (42 U.S.C. 607) is amended— 

22 (1) in subsection (a)— 

23 (A) beginning in the heading, by striking 

24 ‘‘PARTICIPATION RATE REQUIREMENTS’’ and 

25 all that follows through ‘‘A State’’ in paragraph 


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1 (1) and inserting ‘‘PARTICIPATION RATE RE2 QUIREMENTS.—A State’’; and 

3 (B) by striking paragraph (2); 

4 (2) in subsection (b)— 

5 (A) in paragraph (1)(A), by striking ‘‘sub6 section (a)(1)’’ and inserting ‘‘subsection (a)’’; 

7 (B) in paragraph (2), by striking the para8 graph heading and all that follows through ‘‘A 

9 family’’ and inserting ‘‘SPECIAL RULE.—A fam10 ily’’; 

11 (C) in paragraph (4), by striking ‘‘para12 graphs (1)(B) and (2)(B)’’ and inserting ‘‘de13 termining monthly participation rates under 

14 paragraph (1)(B)’’; and 

15 (D) in paragraph (5), by striking ‘‘rates’’ 

16 and inserting ‘‘rate’’; and 

17 (3) in subsection (c)— 

18 (A) in paragraph (1)(B), in the matter 

19 preceding clause (i), by striking ‘‘subsection 

20 (b)(2)(B)’’ and inserting ‘‘subsection 

21 (b)(1)(B)(i)’’; and 

22 (B) in paragraph (2)(D)— 

23 (i) by striking ‘‘paragraphs (1)(B)(i) 

24 and (2)(B) of subsection (b)’’ and insert25 ing ‘‘subsection (b)(1)(B)(i)’’; and 


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1 (ii) by striking ‘‘and in 2-parent fami2 lies, respectively,’’. 

3 (b) EFFECTIVE DATE.— 

4 (1) IN GENERAL.—The amendments made by 

5 subsection (a) shall take effect on the date of enact6 ment of this Act and shall apply to the determina7 tion of minimum participation rates for months be8 ginning on or after that date. 

9 (2) LIMITATION ON PENALTY IMPOSITION.— 

10 Notwithstanding section 409(a)(3) of the Social Se11 curity Act, the Secretary of Health and Human 

12 Services shall not impose a penalty against a State 

13 under that section on the basis of the State’s failure 

14 to satisfy the participation rate required for any of 

15 fiscal years 2006 through 2009 if the State dem16 onstrates that the State would have met such re17 quirement if, with respect to those months of any of 

18 such fiscal years that began prior to or on the date 

19 of enactment of this Act, the State were permitted 

20 to count 2-parent families that met the requirements 

21 of section 407(c)(1)(A) of the Social Security Act 

22 (42 U.S.C. 607(c)(1)(A)) in the determination of 

23 monthly participation rates under section 

24 407(b)(1)(B)(i) of such Act (42 U.S.C. 

25 607(b)(1)(B)(i)). 


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1 SEC. 105. BAN ON RECOVERY OF MEDICAID COSTS FOR 

2 BIRTHS. 

3 (a) BAN ON RECOVERY.— 

4 (1) IN GENERAL.—Section 454 of the Social 

5 Security Act (42 U.S.C. 654), is amended— 

6 (A) by striking ‘‘and’’ at the end of para7 graph (32); 

8 (B) by striking the period at the end of 

9 paragraph (33) and inserting a semicolon; and 

10 (C) by inserting after paragraph (33) the 

11 following: 

12 ‘‘(34) provide that, except as provided in sec13 tion 1902(a)(25)(F)(ii), the State shall not use the 

14 State program operated under this part to collect 

15 any amount owed to the State by reason of costs in16 curred under the State plan approved under title 

17 XIX for the birth of a child for whom support rights 

18 have been assigned pursuant to section 471(a)(17) 

19 or 1912; and’’. 

20 (2) RULE OF CONSTRUCTION.—Nothing in sec21 tion 454(34) of the Social Security Act (42 U.S.C. 

22 654(34)), as added by paragraph (1), shall be con23 strued as affecting the application of section 

24 1902(a)(25) of such Act (42 U.S.C. 1396a(a)(25)) 

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1 sonable measures to ascertain the legal liability of 

2 third parties to pay for care and services available 

3 under the plan). 

4 (3) REPEAL OF CERTAIN DRA AMENDMENTS.— 

5 For provisions repealing amendments to section 454 

6 of the Social Security Act made by section 

7 7301(b)(1)(C) of the Deficit Reduction Act of 2005, 

8 see section 106(a)(3) of this Act. 

9 (b) CLARIFICATION THAT BAN ON RECOVERY DOES

10 NOT APPLY WITH RESPECT TO INSURANCE OF A PARENT

11 WITH AN OBLIGATION TO PAY CHILD SUPPORT.—Clause 

12 (ii) of section 1902(a)(25)(F) of the Social Security Act 

13 (42 U.S.C. 1396a(a)(25)(F)) is amended by inserting 

14 ‘‘only if such third-party liability is derived through insur15 ance,’’ before ‘‘seek’’. 

16 (c) EFFECTIVE DATE.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), the amendments made by this section 

19 take effect on October 1, 2009. 

20 (2) EXTENSION OF EFFECTIVE DATE FOR

21 STATE LAW AMENDMENT.—In the case of a State 

22 plan under title XIX of the Social Security Act (42 

23 U.S.C. 1396 et seq.) which the Secretary of Health 

24 and Human Services determines requires State legis25 lation in order for the plan to meet the additional 


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1 requirements imposed by the amendments made by 

2 this section, the State plan shall not be regarded as 

3 failing to comply with the requirements of such title 

4 solely on the basis of its failure to meet these addi5 tional requirements before the first day of the first 

6 calendar quarter beginning after the close of the 

7 first regular session of the State legislature that be8 gins after the date of enactment of this Act. For 

9 purposes of the previous sentence, in the case of a 

10 State that has a 2-year legislative session, each year 

11 of the session is considered to be a separate regular 

12 session of the State legislature. 

13 SEC. 106. IMPROVED COLLECTION AND DISTRIBUTION OF 

14 CHILD SUPPORT. 

15 (a) DISTRIBUTION OF CHILD SUPPORT.— 

16 (1) FULL DISTRIBUTION OF CHILD SUPPORT

17 COLLECTED; REFORM OF RULES FOR DISTRIBUTION

18 OF CHILD SUPPORT COLLECTED ON BEHALF OF

19 CHILDREN IN FOSTER CARE.— 

20 (A) IN GENERAL.—Section 457 of the So21 cial Security Act (42 U.S.C. 657) is amended— 

22 (i) by striking subsection (a) and in23 serting the following: 

24 ‘‘(a) FULL DISTRIBUTION OF AMOUNTS COLLECTED

25 ON BEHALF OF ANY FAMILY.—Subject to subsection (c), 


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1 the entire amount collected on behalf of any family as sup2 port by a State pursuant to a plan approved under this 

3 part shall be paid by the State to the family.’’; and 

4 (ii) by striking subsections (c) 

5 through (e) and inserting the following: 

6 ‘‘(c) AMOUNTS COLLECTED FOR CHILD FOR WHOM

7 FOSTER CARE MAINTENANCE PAYMENTS ARE MADE.— 

8 Notwithstanding the preceding provisions of this section, 

9 amounts collected by a State as child support for months 

10 in any period on behalf of a child for whom a public agen11 cy is making foster care maintenance payments under part 

12 E shall be paid to the public agency responsible for super13 vising the placement of the child, which may use the pay14 ments in the manner it determines will serve the best in15 terests of the child, including setting such payments aside 

16 for the child’s future needs or use.’’. 

17 (B) FOSTER CARE STATE PLAN AMEND18 MENT.—Section 471(a)(17) of the Social Secu19 rity Act (42 U.S.C. 671(a)(17)) is amended— 

20 (i) by inserting ‘‘and consistent with 

21 the child’s case plan’’ after ‘‘where appro22 priate’’; and 

23 (ii) by striking ‘‘secure an assignment 

24 to the State of any rights to support’’ and 

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1 lish, modify, and enforce child support ob2 ligations’’. 

3 (C) SOCIAL SECURITY ACT AMEND4 MENTS.— 

5 (i) CHILD SUPPORT STATE PLAN

6 AMENDMENT.—Section 454 of the Social 

7 Security Act (42 U.S.C. 654), as amended 

8 by section 104(a)(1) of this Act, is amend9 ed by inserting after paragraph (34) the 

10 following: 

11 ‘‘(35) provide that a State shall pay all col12 lected child support to the payee, except as provided 

13 in section 457(c).’’. 

14 (ii) DISBURSEMENT OF SUPPORT PAY15 MENTS.—Section 454B(c) of the Social Se16 curity Act (42 U.S.C. 654b(c)) is amended 

17 by adding at the end the following new 

18 paragraph: 

19 ‘‘(3) DISBURSEMENT TO FAMILIES.—The State 

20 disbursement unit shall pay all collected child sup21 port to the payee, except as otherwise provided in 

22 section 457.’’. 

23 (2) CONFORMING AMENDMENTS.— 

24 (A) Section 409(a)(7)(B)(i)(I)(aa) of such 

25 Act (42 U.S.C. 609(a)(7)(B)(i)(I)(aa)) is 


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1 amended by striking ‘‘457(a)(1)(B)’’ and in2 serting ‘‘457(a)’’. 

3 (B) Section 454(5) of such Act (42 U.S.C. 

4 654(5)) is amended by striking ‘‘(A) in any 

5 case’’ and all that follows through ‘‘(B)’’. 

6 (C) Section 466(a)(3)(B) of such Act (42 

7 U.S.C. 666(a)(3)(B)) is amended— 

8 (i) by striking ‘‘shall be distributed in 

9 accordance with section 457 in the case of 

10 overdue support assigned to a State pursu11 ant to section 408(a)(3) or 471(a)(17), or, 

12 in any other case,’’; and 

13 (ii) and inserting ‘‘or to the public 

14 agency responsible for supervising the 

15 placement of the child, which may use the 

16 payments in the manner the public agency 

17 determines will serve the best interest of 

18 the child’’ before the semicolon. 

19 (3) REPEAL OF CERTAIN DRA AMENDMENTS.— 

20 Effective on the date of enactment of this Act, sub21 sections (a) and (b) of section 7301 of the Deficit 

22 Reduction Act of 2005 (Public Law 109–171; 120 

23 Stat. 141) are repealed and parts A and D of title 

24 IV of the Social Security Act shall be applied as if 


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1 the amendments made by such subsections had not 

2 been enacted. 

3 (b) PROHIBITION ON CONDITIONING RECEIPT OF

4 TANF ON ASSIGNMENT OF SUPPORT.—Section 408(a)(3) 

5 of the Social Security Act (42 U.S.C. 608(a)(3)) is amend6 ed— 

7 (1) in the paragraph heading, by striking ‘‘NO

8 ASSISTANCE FOR FAMILIES NOT’’ and inserting 

9 ‘‘PROHIBITION ON CONDITIONING ASSISTANCE FOR

10 FAMILIES ON’’; 

11 (2) by inserting ‘‘not’’ after ‘‘shall’’; 

12 (3) by inserting ‘‘or under a program funded 

13 with qualified State expenditures (as defined in sec14 tion 409(a)(7)(B)(i))’’ after ‘‘this part’’; and 

15 (4) by striking ‘‘, not exceeding the total 

16 amount of assistance so paid to the family,’’. 

17 (c) REQUIREMENT TO DISREGARD PERCENTAGE OF

18 CHILD SUPPORT COLLECTED IN DETERMINING AMOUNT

19 AND TYPE OF TANF ASSISTANCE.—Section 408(a) of the 

20 Social Security Act (42 U.S.C. 608(a)) is amended by add21 ing at the end the following new paragraph: 

22 ‘‘(12) REQUIREMENT TO DISREGARD PERCENT23 AGE OF CHILD SUPPORT COLLECTED IN DETER24 MINING AMOUNT AND TYPE OF TANF ASSISTANCE.— 

25 A State to which a grant is made under section 403 


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1 shall disregard at least the same percentage of 

2 amounts collected as support on behalf of a family 

3 as the percentage of earned income that the State 

4 disregards, in determining the amount or type of as5 sistance provided to the family under the State pro6 gram funded under this part or under a program 

7 funded with qualified State expenditures (as defined 

8 in section 409(a)(7)(B)(i)).’’. 

9 (d) RESTORATION OF FEDERAL FUNDING.—Effec10 tive on the date of enactment of this Act, section 7309 

11 of the Deficit Reduction Act of 2005 (Public Law 109– 

12 171; 120 Stat. 147) is repealed and part D of title IV 

13 of the Social Security Act shall be applied as if the amend14 ment made by subsection (a) of that section had not been 

15 enacted. 

16 (e) REPEAL OF MANDATORY FEE FOR CHILD SUP17 PORT COLLECTION.—Effective on the date of enactment 

18 of this Act, section 7310 of the Deficit Reduction Act of 

19 2005 (Public Law 109–171; 120 Stat. 147) is repealed 

20 and part D of title IV of the Social Security Act shall 

21 be applied as if the amendments made by that section had 

22 not been enacted. 

23 (f) PROHIBITION ON CONSIDERING A PERIOD OF IN24 CARCERATION VOLUNTARY UNEMPLOYMENT.—Section 


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1 466(a) of the Social Security Act (42 U.S.C. 666(a)) is 

2 amended by inserting after paragraph (19) the following: 

3 ‘‘(20) PROCEDURES RELATING TO PERIODS OF

4 INCARCERATION OF NONCUSTODIAL PARENTS.— 

5 ‘‘(A) IN GENERAL.—Procedures which re6 quire that, in determining or modifying the 

7 amount of, or terms and conditions of, any sup8 port obligation of a noncustodial parent, the 

9 State— 

10 ‘‘(i) shall not consider any period of 

11 incarceration of such parent as a period of 

12 voluntary unemployment that disqualifies 

13 the parent from obtaining a modification 

14 of the support obligation consistent with 

15 the parent’s ability to pay child support; 

16 and 

17 ‘‘(ii) subject to subparagraph (B) in 

18 the case of an incarcerated parent, may— 

19 ‘‘(I) temporarily suspend any 

20 support obligation on the parent and 

21 the enforcement of any support obli22 gation of the parent existing prior to 

23 the period of incarceration; and 

24 ‘‘(II) temporarily prohibit the ac25 crual of any interest on any support 


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1 obligation of the parent existing prior 

2 to the period of incarceration during 

3 any such period. 

4 ‘‘(B) NOTICE AND OPPORTUNITY TO CHAL5 LENGE SUSPENSION.—Such procedures shall re6 quire the State to provide a custodial parent 

7 with— 

8 ‘‘(i) notice of any suspension of re9 view, adjustment, or enforcement of a sup10 port obligation and of any prohibition on 

11 interest accrual on such obligation that is 

12 imposed in accordance with subparagraph 

13 (A)(ii); and 

14 ‘‘(ii) an opportunity to request that 

15 the suspension or prohibition be termi16 nated or modified on the basis that the 

17 noncustodial parent has sufficient income 

18 or resources to continue payment of the 

19 support obligation during the noncustodial 

20 parent’s period of incarceration.’’. 

21 (g) REVIEW AND ADJUSTMENT OF CHILD SUPPORT

22 ARREARAGES UPON REQUEST.—Section 466(a)(10) of 

23 the Social Security Act (42 U.S.C. 666(a)(10)) is amend24 ed by adding at the end the following: 


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1 ‘‘(D) REVIEW AND ADJUSTMENT OF AR2 REARAGES.—Procedures which require the 

3 State to review, and if appropriate, reduce the 

4 balance of arrearages permanently assigned to 

5 the State under part A or E of this title, or 

6 under title XIX, pursuant to standards and 

7 procedures established by the State, in cases 

8 where the obligor lacks sufficient ability to pay 

9 the arrears, adjustment will promote timely 

10 payment of current support, or barriers, such 

11 as incarceration, may have limited the ability of 

12 the obligor to timely seek a modification of the 

13 order, and it is in the best interests of the child 

14 to make such reduction. Nothing in the pre15 ceding sentence shall be construed as affecting 

16 arrearages that have not been permanently as17 signed to the State under any such part or 

18 title.’’. 

19 (h) STUDY AND REPORT.—Not later than October 1, 

20 2012, the Secretary of Health and Human Services shall 

21 study and submit a report to Congress regarding the fol22 lowing: 

23 (1) The effect of age eligibility restrictions for 

24 the earned income tax credit established under secVerDate Mar 15 2010 02:03 Jun 18, 2011 Jkt 099200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H2193.IH H2193

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1 tion 32 of the Internal Revenue Code of 1986 for in2 dividuals without qualifying children on— 

3 (A) the ability of young parents to pay 

4 child support; 

5 (B) compliance with child support orders; 

6 and 

7 (C) the relationship between young non8 custodial parents and their children. 

9 (2) The impact of State earned income tax 

10 credit programs, especially such programs with tar11 geted benefits for noncustodial parents, on— 

12 (A) the ability of noncustodial parents to 

13 pay child support; 

14 (B) compliance with child support orders; 

15 and 

16 (C) the relationship between noncustodial 

17 parents and their children. 

18 (3) The challenges faced by legal immigrants 

19 and individuals for whom English is not their pri20 mary language in fulfilling child support and other 

21 noncustodial parenting obligations. 

22 (i) EFFECTIVE DATE.— 

23 (1) IN GENERAL.—Except as otherwise pro24 vided in this section, the amendments made by this 

25 section shall take effect on October 1, 2009, and 


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1 shall apply to payments under parts A and D of title 

2 IV of the Social Security Act for calendar quarters 

3 beginning on or after that date, and without regard 

4 to whether regulations to implement the amend5 ments are promulgated by such date. 

6 (2) STATE OPTION TO ACCELERATE EFFECTIVE

7 DATE.—Notwithstanding paragraph (1), a State 

8 may elect to have the amendments made by the pre9 ceding provisions of this section apply to the State 

10 and to amounts collected by the State (and to pay11 ments under parts A and D of title IV of such Act), 

12 on and after such date as the State may select that 

13 is not later than September 30, 2009. 

14 SEC. 107. COLLECTION OF CHILD SUPPORT UNDER THE 

15 SUPPLEMENTAL NUTRITION ASSISTANCE 

16 PROGRAM. 

17 (a) ENCOURAGEMENT OF COLLECTION OF CHILD

18 SUPPORT.—Section 5 of the Food and Nutrition Act of 

19 2008 (7 U.S.C. 2014) is amended— 

20 (1) in subsection (e)— 

21 (A) by redesignating paragraphs (5) and 

22 (6) as paragraphs (6) and (7), respectively; 

23 (B) in paragraph (4)(B), by striking 

24 ‘‘paragraph (6)’’ and inserting ‘‘paragraph 

25 (7)’’; and 


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1 (C) by inserting after paragraph (4) the 

2 following: 

3 ‘‘(5) DEDUCTION FOR CHILD SUPPORT RE4 CEIVED.— 

5 ‘‘(A) IN GENERAL.—A household shall be 

6 allowed a deduction of 20 percent of all legally 

7 obligated child support payments received from 

8 an identified or putative parent of a child in the 

9 household if that parent is not a household 

10 member. 

11 ‘‘(B) ORDER OF DETERMINING DEDUC12 TIONS.—A deduction under this paragraph shall 

13 be determined before the computation of the ex14 cess shelter deduction under paragraph (7).’’; 

15 and 

16 (2) in subsection (k)(4)(B), by striking ‘‘sub17 section (e)(6)’’ and inserting ‘‘subsection (e)(7)’’. 

18 (b) SIMPLIFIED VERIFICATION OF CHILD SUPPORT

19 PAYMENTS.—Section 5(n) of the Food and Nutrition Act 

20 of 2008 (7 U.S.C. 2014(n)) is amended— 

21 (1) in the subsection heading, by striking 

22 ‘‘STATE OPTIONS TO SIMPLIFY’’, and inserting 

23 ‘‘SIMPLIFIED’’; and 

24 (2) by striking ‘‘Regardless of whether’’ and in25 serting the following: 


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1 ‘‘(1) IN GENERAL.—A household that is paying 

2 legally obligated child support through the program 

3 under part D of title IV of the Social Security Act 

4 (42 U.S.C. 651 et seq.) shall receive— 

5 ‘‘(A) a deduction under subsection (e)(4); 

6 or 

7 ‘‘(B) an exclusion under subsection (d)(6) 

8 for child support payments made. 

9 ‘‘(2) STATE OPTIONS.—Regardless of whether’’. 

10 (c) INCLUSION OF ECONOMIC OPPORTUNITIES PRO11 GRAMS IN DEFINITION OF WORK PROGRAM.—Section 

12 6(o)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 

13 2015(o)(2)) is amended— 

14 (1) in subparagraph (C), by striking ‘‘or’’ at 

15 the end; 

16 (2) in subparagraph (D), by striking the period 

17 at the end and inserting ‘‘; or’’; and 

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

19 ‘‘(E) participate in and comply with the re20 quirements of a demonstration project under 

21 section 106 of the Julia Carson Responsible Fa22 therhood and Healthy Families Act of 2011;’’. 

23 (d) EFFECTIVE DATE.— 


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1 (1) IN GENERAL.—This section and the amend2 ments made by this section take effect on October 

3 1, 2011. 

4 (2) STATE OPTION.—A State may implement 

5 the amendments made by subsections (a) and (b) for 

6 participating households at the first recertification of 

7 the households that occurs on or after October 1, 

8 2011. 

9 SEC. 108. GRANTS SUPPORTING HEALTHY FAMILY PART10 NERSHIPS FOR DOMESTIC VIOLENCE INTER11 VENTION AND PREVENTIONS. 

12 Section 403(a) of the Social Security Act (42 U.S.C. 

13 603(a)) is amended by adding at the end the following 

14 new paragraph: 

15 ‘‘(6) GRANTS SUPPORTING HEALTHY FAMILY

16 PARTNERSHIPS FOR DOMESTIC VIOLENCE INTER17 VENTION AND PREVENTION.— 

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

19 award grants on a competitive basis to healthy 

20 family partnerships to develop and implement 

21 promising practices for— 

22 ‘‘(i) assessing and providing services 

23 to individuals and families affected by do24 mestic violence, including through case25 worker training, the provision of technical 


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1 assistance to community partners, and the 

2 implementation of safe visitation and ex3 change programs; or 

4 ‘‘(ii) preventing domestic violence, 

5 particularly as a barrier to economic secu6 rity, and fostering healthy relationships. 

7 ‘‘(B) EDUCATION SERVICES.—In awarding 

8 grants under subparagraph (A), the Secretary 

9 shall ensure that 10 percent of the funds made 

10 available under such grants are used for high 

11 schools and other secondary educational institu12 tions and institutions of higher education to 

13 provide education services on the value of 

14 healthy relationships, responsible parenting, 

15 and healthy marriages characterized by mutual 

16 respect and nonviolence, and the importance of 

17 building relationships skills such as communica18 tion, conflict resolution, and budgeting. 

19 ‘‘(C) APPLICATION.—The respective entity 

20 and organization of a healthy family partner21 ship entered into for purposes of receiving a 

22 grant under this paragraph shall submit a joint 

23 application to the Secretary, at such time and 

24 in such manner as the Secretary shall specify, 

25 containing— 


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1 ‘‘(i) a description of how the partner2 ship intends to carry out the activities de3 scribed in subparagraph (A); 

4 ‘‘(ii) an assurance that funds made 

5 available under the grant shall be used to 

6 supplement, and not supplant, other funds 

7 used by the entity or organization to carry 

8 out programs, activities, or services de9 scribed in subparagraph (A) or (B); and 

10 ‘‘(iii) such other information as the 

11 Secretary may require. 

12 ‘‘(D) GENERAL RULES GOVERNING USE OF

13 FUNDS.—The rules of section 404, other than 

14 subsection (b) of that section, shall not apply to 

15 a grant made under this paragraph. 

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

17 ‘‘(i) DOMESTIC VIOLENCE.—The term 

18 ‘domestic violence’ has the meaning given 

19 that term in section 402(a)(7)(B). 

20 ‘‘(ii) HEALTHY FAMILY PARTNER21 SHIP.—The term ‘healthy family partner22 ship’ means a partnership between— 

23 ‘‘(I) an entity receiving funds 

24 under a grant made under paragraph 


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1 (2) to promote healthy marriage or re2 sponsible fatherhood; and 

3 ‘‘(II) an organization with dem4 onstrated expertise working with sur5 vivors of domestic violence. 

6 ‘‘(F) APPROPRIATION.—Out of any money 

7 in the Treasury of the United States not other8 wise appropriated, there are appropriated for 

9 each of fiscal years 2011 through 2015, 

10 $25,000,000 for purposes of awarding grants to 

11 healthy family partnerships under this para12 graph.’’. 

13 SEC. 109. PROCEDURES TO ADDRESS DOMESTIC VIOLENCE. 

14 (a) IN GENERAL.—Section 403(a)(2) of the Social 

15 Security Act (42 U.S.C. 603(a)(2)) is amended— 

16 (1) by redesignating subparagraph (D) as sub17 paragraph (F); and 

18 (2) by inserting after subparagraph (C) the fol19 lowing: 

20 ‘‘(D) REQUIREMENTS FOR RECEIPT OF

21 FUNDS.—An entity may not be awarded a grant 

22 under this paragraph unless the entity, as a 

23 condition of receiving funds under such a 

24 grant— 


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1 ‘‘(i) identifies in its application for the 

2 grant the domestic violence experts at the 

3 local, State, or national level with whom 

4 the entity will consult in the development 

5 and implementation of the programs and 

6 activities of the entity; 

7 ‘‘(ii) on award of the grant, and in 

8 consultation with such domestic violence 

9 experts, develops a written protocol which 

10 describes— 

11 ‘‘(I) how the entity will identify 

12 instances or risks of domestic violence; 

13 ‘‘(II) the procedures for respond14 ing to such instances or risk, includ15 ing making service referrals and pro16 viding protections and appropriate as17 sistance for identified individuals and 

18 families; 

19 ‘‘(III) how confidentiality issues 

20 will be addressed; and 

21 ‘‘(IV) the domestic violence train22 ing that will be provided to ensure ef23 fective and consistent implementation 

24 of the protocol; and 


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1 ‘‘(iii) in an annual report to the Sec2 retary, includes a description of the domes3 tic violence protocols, and a description of 

4 any implementation issues identified with 

5 respect to domestic violence and how the 

6 issues were addressed. 

7 ‘‘(E) DOMESTIC VIOLENCE DEFINED.—In 

8 this paragraph, the term ‘domestic violence’ has 

9 the meaning given that term in section 

10 402(a)(7)(B).’’. 

11 (b) CONFORMING AMENDMENTS.—Section 403(a)(2) 

12 of such Act (42 U.S.C. 603(a)(2)), as amended by section 

13 103(d) of this Act and subsection (a)(1) of this section, 

14 is amended— 

15 (1) in subparagraph (A)(i)— 

16 (A) by striking ‘‘(B) and (C)’’ and insert17 ing ‘‘(B), (C), and (D)’’; and 

18 (B) by striking ‘‘subparagraph (D)’’ and 

19 inserting ‘‘subparagraph (F)’’; and 

20 (2) in subparagraphs (B)(i) and (C)(i), by 

21 striking ‘‘(D)’’ each place it appears and inserting 

22 ‘‘(F)’’. 


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1 TITLE II—REVENUE PROVISION 

2 SEC. 201. INCREASE IN CREDIT PERCENTAGE UNDER 

3 EARNED INCOME TAX CREDIT FOR ELIGIBLE 

4 INDIVIDUALS WITH NO QUALIFYING CHIL5 DREN. 

6 (a) IN GENERAL.—The row in the table in subpara7 graph (A) of section 32(b)(1) of the Internal Revenue 

8 Code of 1986 relating to no qualifying children is amended 

9 to read as follows: 

‘‘No qualifying children .......................................... 20 7.65’’. 

10 (b) EFFECTIVE DATE.—The amendment made by 

11 subsection (a) shall apply to taxable years beginning after 

12 December 31, 2010. 

Æ 


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