Library / Laws / 113th / hr / H.R. 2359 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 2359
IN THE HOUSE OF REPRESENTATIVES
June 13, 2013
Mr. Danny K. Davis of
Illinois (for himself, Mr. Carson of
Indiana, Mr. McDermott,
Mr. Rangel,
Mr. Payne,
Ms. Lee of California,
Mr. Bishop of Utah,
Mrs. Christensen,
Ms. Wilson of Florida,
Ms. Norton,
Mr. Clay, Ms. Sewell of Alabama,
Ms. Eddie Bernice Johnson of Texas,
Mr. Cleaver,
Mr. Lewis,
Ms. Brown of Florida,
Mr. Cummings,
Mr. Butterfield,
Mr. Rush, Mr. Thompson of Mississippi,
Ms. Moore,
Ms. Jackson Lee,
Mr. Richmond,
Mr. Meeks, and
Ms. Clarke) 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.
Short title; table of
contents
(a)
Short
title
This Act may be cited as the Julia Carson Responsible Fatherhood and Healthy Families
Act of 2013.
(b)
Table of
contents
The table of contents of 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.
2.
Findings
Congress makes the following
findings:
(1) The United States almost has the highest
child poverty rate among 34 industrialized countries.
(2) Thirty-two percent of all children in the
United States lived with only 1 or neither of their parents. African-American
children are the most likely of all children to live in such families—63
percent, compared to 53 percent of American Indian children, 34 percent of
Hispanic children, 24 percent of non-Hispanic White children, and 15 percent of
Asian-American and Pacific Islander children.
(3) One of the most
important factors in a child’s upbringing is whether the child is brought up in
a loving, healthy, supportive environment.
(4) Children who grow
up with 2 parents are, on average, more likely than their peers in
single-parent homes to finish high school and be economically
self-sufficient.
(5) Father-child
interaction, like mother-child interaction, has been shown to promote the
positive physical, social, emotional, and mental development of
children.
(6) Children typically
live with a single parent when their parents are divorced or did not marry.
More than 1/3 of all first marriages end in divorce, and
about 60 percent of divorcing couples have children. More than 40 percent of
all births are to unmarried women.
(7) Nearly 1 in 3 families with children have
only 1 parent present, and more than 1 in 5 children live absent their
biological father.
(8) Recent studies
demonstrate that most unwed fathers in urban areas are highly involved with the
mother of their child before and after the child's birth, with 80 percent
involved during the mother's pregnancy, and 50 percent living with the child’s
mother at the time of the child's birth. However, the relationship between the
parents often does not last, and many fathers do not maintain contact with
their children as the children grow up.
(9) An estimated 49
percent of the children who live in households without their father have not
seen their fathers in at least 1 year.
(10) Fathers' love, care, and emotional support
are positively linked to good social, emotional, and cognitive development in
their children; their children’s academic achievement; lower rates of risky
behaviors and contact the juvenile justice system; positive social behavior;
positive emotional health; and healthy self-esteem.
(11) Research has
demonstrated that most fathers want to do well for their children. Rates of
visitation among non-custodial fathers are higher than expected and mothers do
want fathers involved in the lives of their children.
(12) The inability of
parents to sustain a healthy relationship with their child’s other parent and
remain involved in their child's life can have severe negative consequences for
the parents, the child, their community, and taxpayers.
(13) Single-parent
families are about 4 times as likely to be poor as married-couple
families.
(14) Children raised
in single-parent families are more likely than children raised in 2-parent
families to do poorly in school, have emotional and behavioral problems, become
teenage parents, commit crimes, smoke cigarettes, abuse drugs and alcohol, and
have poverty-level incomes as adults.
(15) High rates of
unemployment and low wages are primary reasons why parents do not marry and why
2-parent families break up.
(16) When components of family and jobs supports
are paired with responsible fatherhood programming, more fathers declare
paternity, more live with their children, and more noncustodial men pay child
support.
(17) Domestic violence
is also a significant problem leading to the nonformation or breakup of
2-parent families.
(18) Unemployment for Black workers remained
almost double what it is for Whites, a ratio unchanged in at least 35 years. In
metropolitan areas, Blacks are the racial group most spatially isolated from
available jobs.
(19) A history of
incarceration is a major barrier to employment. Sixty percent of young
African-American men who dropped out of high school have served time. When
these men leave prison, they often have difficulty finding a job and supporting
their children.
(20) Youth who are disconnected from school and
employment are more likely than others to engage in crime, become incarcerated,
and rely on public systems of support. While all races and ethnicities are
represented among this youth population, research studies show that
African-American males constitute a disproportionate share due to their
overrepresentation in the child welfare and juvenile justice systems.
(21) Over ½ of State prison inmates are parents.
When noncustodial parents go to prison, most of them are required to pay their
child support obligation, even though they have little ability to pay the
support. When these parents leave prison, they typically owe more than $20,000
in child support debt. Noncustodial parents leaving prison often re-enter the
underground economy because of financial pressures or to avoid the child
support system, making it less likely that they will successfully rejoin
society and reunite with their families.
(22) Children should
receive the child support paid by their parents, and the government should not
keep the money to recover welfare costs. Regular child support income appears
to have a greater positive impact on children dollar for dollar than other
types of income. Researchers in Wisconsin found that when monthly child support
was passed through to families receiving assistance under the Temporary
Assistance for Needy Families program established under part A of title IV of
the Social Security Act (TANF) and disregarded 100 percent in determining
assistance for the families, fathers paid more child support, established their
legal relationship with their children more quickly, and worked less in the
underground economy. Moreover, the State costs of a full pass-through and
disregard of child support were fully offset by increased payments by fathers
and decreased public assistance use by families.
(23) Funding spent on Federal child support
collection is cost-effective, especially when it addresses fathers’ particular
circumstances and passes payments through to the family. The child support
program collects $5.12 in support payments for families for every public dollar
spent.
(24) The Department of
Health and Human Services National Child Support Enforcement Strategic Plan for
fiscal years 2005 through 2009 states that child support is no longer a
welfare reimbursement, revenue-producing device for the Federal and State
governments; it is a family-first program, intended to ensure families'
self-sufficiency by making child support a more reliable source of
income.
(25) Current law
permits States to apply the cost of passing through child support to families
receiving assistance under the TANF program toward their maintenance of effort
(MOE) requirements, but only to the extent that the State disregards the child
support payments in determining TANF eligibility and payment amount.
(26) While the Federal Government has over 40
programs that provide some funding for employment and training, the United
States is near the bottom of industrialized nations in spending on
active labor market policy. Low-income men have become
increasingly disconnected from school and work—and increasingly poor. A large
portion of those men are non-custodial fathers.
(27) The negative
effect of a criminal conviction is substantially larger for Blacks than for
Whites.
(28) African-Americans constitute only 14
percent of drug users, but they represent 32 percent of those arrested for drug
offenses, 44 percent of drug convictions, and 45 percent of drug offenders in
State prison. One in 15 African-American males over 18 is behind bars as
opposed to 1 out of 36 for Latinos and one out of 106 for White males. In
addition, since 2000, on average, 682,000 inmates have been released from
prison annually. This number does not include those who come home from city and
county jails. If current trends continue, the chilling extrapolation is that 1
in 3 Black males born today can expect to spend time in prison during his
lifetime. These men are disproportionately removed from lower income,
segregated, and disinvested communities, where they will eventually return—too
often without the skills they need to become successful husbands, fathers,
neighbors, and wage earners.
(29) Programs that
increase employment opportunity and reduce barriers by increasing employment
opportunity and reducing recidivism will benefit children and families.
(30) Transitional jobs
programs have shown promise in reducing unemployment among chronically
unemployed or underemployed population groups, including formerly incarcerated
individuals, the homeless, and young African-American men.
(31) To strengthen
families it is important to improve the upward economic mobility of the
custodial and noncustodial parent wage-earners, as well as youth at risk of
early parenthood or incarceration, by providing the skills and experience
necessary to access jobs with family sustaining wages and benefits. In families
in which all the members do not live together, this is important to enable the
prompt and consistent payment of adequate child support.
(32) It is important
and useful to foster local and regional economic development and job
advancement for workers, especially young custodial and noncustodial parents,
by funding local collaborations among business, education, and the community in
the development of pathways for preparing disadvantaged citizens to meet the
workforce needs of the local and regional economy.
(33) Employers benefit
from working with and being supported by the local education, postsecondary,
and workforce systems in identifying the academic and occupational skill sets
needed to fill the skilled jobs in the changing economy. Local economic and
community development is enhanced when residents have access to higher wage
employment, thus increasing the tax base, fueling the economy, and contributing
to greater family economic security.
(34) Public-private
career pathways partnerships are an important tool for linking employers and
workers with the workforce education services they need and for integrating
community economic development and workforce education services. Transitional
jobs programs can serve as the first step in a career pathway by giving
unemployed individuals with multiple barriers to employment, valuable work
experience and related services.
(35) Evaluations of State child support
enforcement policies have shown that supportive child support enforcement
policies, rather than coercive ones, have a positive impact on father
involvement.
(36) The purpose of
child support is to provide necessary income support for and increase the
well-being of children living apart from a parent. To improve the ability of
low-income noncustodial parents to provide long-term support and care for their
children throughout their entire childhood, it is important that child support
polices support parental efforts to pursue education and employment and to stay
involved with their children.
(37) Responsible
parenthood includes active participation in financial support and
child-rearing, as well as the formation and maintenance of a positive, healthy,
and nonviolent relationship between parent and child and a cooperative,
healthy, and nonviolent relationship between parents.
(38) States should be
encouraged to implement voluntary programs that provide support for responsible
parenting, including by increasing the employment and financial security of
parents, and the parental involvement of noncustodial parents.
(39) Promoting
responsible parenthood saves the government money by reducing the need for
public assistance, increasing the educational attainment of children, reducing
juvenile delinquency and crime, reducing substance abuse, and lowering rates of
unemployment.
(40) Programs to
encourage responsible fatherhood or responsible motherhood should promote and
provide support services for—
(A) fostering loving
and healthy relationships between parents and children;
(B) increasing
responsibility of noncustodial parents for the long-term care and financial
well-being of their children;
(C) increasing
employment of low-income, noncustodial parents and improving compliance with
child support obligations; and
(D) reducing barriers
to active 2-parent involvement and cooperative parenting.
(41) The promotion of
marriage and responsible parenthood should not minimize the standing or
parenting efforts of single parents or other caregivers, lessen the protection
of children from abusive parents, or compromise the safety or health of the
custodial or noncustodial parent, but should increase the chance that children
will have 2 caring parents to help them grow up healthy and secure.
I
Promoting
Responsible Fatherhood and Strengthening Low-Income Families
101.
State
assessments of barriers to employment and financial support of
children
(a)
State
assessments and reports
As a condition of the continued approval
of a State plan under part D of title IV of the Social Security Act (42 U.S.C.
651 et seq.), each State with an approved such plan, acting through the
appropriate State agencies, shall assess the State policies with respect to the
issues described in subsection (b) and submit a report to the Secretary of
Health and Human Services on the results of such assessment not later than
October 1, 2014.
(b)
Issues
described
For purposes of subsection (a), the issues described in
this subsection are the following:
(1) The process of
setting and modifying child support obligations, particularly with respect to
low-income parents, including—
(A) the role and
criteria for using imputed income in determining child support
obligations;
(B) the process of
modifying obligations;
(C) the consideration
of income and employment status, including efforts to identify unreported
income;
(D) the consideration
of incarceration;
(E) the consideration
of disability;
(F) the treatment of
arrearages, including interest charged, and laws or procedures that interfere
with forgiveness, adjustment, waiver, or compromise of arrears owed to the
State by low-income noncustodial parents who lack sufficient ability to pay
such arrearages;
(G) the procedures
related to retroactive support; and
(H) State pass-through
and disregard policies for recipients of means-tested public benefits.
(2) The impact of
State criminal laws and law enforcement practices on the employment
acquisition, retention, and advancement prospects of individuals following
arrest, conviction, or incarceration, including—
(A) any efforts,
including counseling or employment support, to assist ex-prisoners with reentry
to a community and successful reunification with their families; and
(B) an assessment of
any efforts to seal or expunge arrest and conviction records and any efforts to
grant certificates or other acknowledgments of rehabilitation to ex-prisoners,
and to examine State occupational licensing and certification
procedures.
(3) An assessment of
the impact of debt on employment retention, including child support and
non-child support debts imposed to recover costs related to welfare and
criminal justice.
(4) An assessment of
State practices related to providing prisoners and ex-prisoners with valid
identification documents upon release from prison.
(5) Identification of
any other barriers to healthy family formation or sustainable economic
opportunity for custodial and noncustodial parents that are created or
exacerbated by Federal or State laws, policies, or procedures, including an
examination of the rules of Federal and State means-tested programs, the
operation of the State workforce system, the availability of financial
education services, and the availability of domestic violence services and
child support procedures to help victims of domestic violence stay safe and
obtain the child support they are owed.
(c)
Grants to states
for commissions on state law improvements in the best interest of children and
families
The Secretary of Health and Human Services shall award
grants to States to establish or support commissions to review the State
assessment conducted in accordance with subsection (a) and to make
recommendations on ways to improve State law in the best interest of children
and families.
(d)
Appropriations
Out
of any money in the Treasury of the United States not otherwise appropriated,
there are appropriated to the Secretary of Health and Human Services for each
of fiscal years 2014 through 2018, $3,000,000, to remain available until
expended, for the purpose of making—
(1) payments to States
to offset all or a portion of the costs of conducting the State assessments and
reports required under subsection (a); and
(2) grants to States
under subsection (c).
102.
Grants to
States to conduct demonstration projects to promote economic opportunity for
low-income parents
(a)
Court-Supervised
or IV–D agency-Supervised employment programs for noncustodial parents
(1)
In
general
To assist States in
implementing section 466(a)(15) of the Social Security Act, the Secretary of
Health and Human Services shall award grants to States to conduct demonstration
projects to establish, in coordination with counties and other local or tribal
governments, court-supervised or IV–D agency supervised-employment programs for
noncustodial parents who have barriers to employment and a history of
nonpayment of child support obligations, as determined by a court or the IV–D
agency, and who are determined by the court or agency to be in need of
employment services or placement in order to pay such child support
obligations. A noncustodial parent described in the preceding sentence who is
an ex-offender shall be eligible to participate in a program established under
this subsection.
(2)
Requirements
(A)
Option to
participate prior to contempt finding
A State shall not be
eligible to receive a grant under this subsection unless any program
established with funds made available under the grant provides noncustodial
parents described in paragraph (1) with an option to participate in the program
prior to the court or agency entering a finding that the noncustodial parent is
in contempt for failure to pay a child support obligation and, potentially
subject to criminal penalties.
(B)
Program
goals
An employment program established with funds made available
under a grant awarded under this subsection shall be designed to do the
following:
(i) To
assist noncustodial parents described in paragraph (1) obtain and maintain
unsubsidized employment.
(ii) To
increase the amount of financial support received by children.
(iii) To
help noncustodial parents described in paragraph (1) improve relationships with
their children and their children's custodial parent.
(C)
6 months of
continuous, timely payments
An employment program established
with funds made available under this subsection shall not permit a noncustodial
parent placed in the program to graduate from the program and avoid penalties
for failure to pay a child support obligation until the noncustodial parent
completes at least 6 months of continuous, timely payment of the parent’s child
support obligations.
(D)
Use of
funds
(i) Services provided
under an employment program established with funds made available under a grant
made under this subsection must include the following:
(I) Job placement,
including job development and supervised job search as necessary.
(II) Case management,
including educational assessment and advising, vocational assessment and career
exploration services, and court liaison services.
(III) Counseling on
responsible parenthood.
(IV) Referral for
support and educational services.
(V) Employment
retention services.
(ii) Services provided
under an employment program established with funds made available under a grant
made under this subsection may include the following:
(I) Remedial education
services or educational referral.
(II) Support funds for
services such as transportation, child care, or short-term training.
(III) Transitional
jobs programs.
(IV) Public-private
career pathway partnerships established in accordance with subsection
(b)(2).
(V) Occupational skill
training, including college credit programs.
(VI) Curricula
development.
(E)
Administration
A
State that receives a grant under this subsection may contract with a public or
private nonprofit organization, including a faith-based or community-based
organization, to administer (in conjunction with the court of jurisdiction or
the IV–D agency) the court-supervised or IV–D agency-supervised employment
program.
(b)
Transitional
jobs and public-Private partnership grants
The Secretary of Labor
shall award grants to States to conduct demonstration projects to carry out one
or more of the projects described in paragraphs (1) and (2).
(1)
Transitional
jobs grants
(A)
In
general
To establish and expand transitional jobs programs for
eligible individuals, including such programs conducted by local governments,
State employment agencies, nonprofit organizations, and faith-based or
community-based organizations or intermediaries, that—
(i) combine
time-limited employment in transitional jobs that may be subsidized with public
funds, with activities that promote skill development and remove barriers to
employment, such as case management services and education, training, child
support-related services, and other activities, pursuant to individual plans;
and
(ii) provide such
individuals with—
(I) transitional jobs
placements and job placement assistance, to help the individuals make the
transition from subsidized employment in transitional jobs to stable
unsubsidized employment; and
(II) retention
services after the transition to unsubsidized employment.
(B)
Eligible
individuals
For purposes of this paragraph, the term
eligible individuals means individuals within any of the following
categories of disproportionately chronically unemployed individuals:
(i) Individuals who
have attained age 16, but not attained age 36, and who have documented barriers
to employment such as lack of a high school diploma, limited English
proficiency, aging out of foster care, or offender status, particularly such
individuals who are parents or expectant parents.
(ii) Formerly
incarcerated individuals.
(iii) Homeless or
formerly homeless individuals.
(iv) Individuals with
disabilities.
(v) Individuals
designated by a court or the IV–D agency to participate in transitional jobs
programs.
(C)
Limitations on
use of funds
(i)
Allowable
activities
An entity that receives a grant under this paragraph
shall use the funds made available under the grant to operate a transitional
jobs program for eligible individuals consistent with the following
requirements:
(I)
Jobs
The
program operator shall place eligible individuals in temporary jobs, the
incomes from which may be subsidized in whole or in part with public funds. An
eligible individual placed in such a job (referred to in this paragraph as
a participant) shall perform work directly for the program
operator or another public, nonprofit, or private sector organization (which
operator or organization may be referred to in this paragraph as a
worksite employer) within the community involved.
(II)
Hours
(aa)
In
general
Subject to item (bb), the transitional jobs program shall
provide a participant with not less than 30, and not more than 40, hours per
week of a combination of paid employment and the services described in
subclauses (III), (IV), and (V).
(bb)
Accommodation
of special circumstances
The number of hours per week required
under item (aa) may be adjusted in the case of a participant who requires a
modified work week to accommodate special circumstances.
(III)
Job
preparation and services
The program operator shall—
(aa) develop an
individual plan for each participant, which shall contain a goal that focuses
on preparation of the participant for unsubsidized jobs in demand in the local
economy that offer the potential for advancement and growth (including
increases in wages and benefits);
(bb) develop
transitional jobs placements for participants that will best prepare them for
jobs described in item (aa) or participation in the public-private career
pathway partnerships established in accordance with paragraph (2); and
(cc) provide case
management services and ensure that appropriate education, training, and other
activities are available to participants, consistent with each participant’s
individual plan.
(IV)
Job placement
assistance and retention services
The program operator shall
provide job placement assistance to help participants obtain unsubsidized
employment and shall provide retention services to the participants for a
minimum of 6 months after entry into the unsubsidized employment.
(V)
Education or
training
In any workweek in which a participant is scheduled to
work at least 30 hours in the program, not less than 20 percent of the
scheduled hours and not more than 50 percent of the scheduled hours shall
involve participation in—
(aa) education or
training activities designed to improve the participant’s employability and
potential earnings;
(bb) other activities
designed to reduce or eliminate any barriers that may impede the participant’s
ability to secure and advance in unsubsidized employment; or
(cc) activities
designed to promote financial literacy and the use of products and services
that increase personal savings and build financial assets for family support,
education, homeownership, and retirement.
(VI)
Duration
(aa)
In
general
Subject to item (bb), the duration of any placement in
the program shall be for a minimum period of 3 consecutive months.
(bb)
3-month
extension
A program placement may be extended for up to 2
additional consecutive 3-month periods upon the conclusion of the original
3-month placement period if such extension would be consistent with the
individual’s plan for transition to unsubsidized employment.
(VII)
Supervision
The
worksite employer or program operator shall supervise program participants,
consistent with the goal of addressing the limited work experience and skills
of the participants.
(D)
Reports
Not
later than 120 days after the end of the grant period, the State shall submit a
report to the Secretary of Labor that contains information on the number of
participants in the program who have entered unsubsidized employment, the
percentage of program participants who are employed during the second quarter
after exit, the percentage of program participants who are employed during the
fourth quarter after exit, the median earnings of program participants during
the second quarter after exit, the percentage of program participants who
obtain an education or training credential during participation or within one
year of exit, and demographic information regarding the participants.
(E)
Technical
assistance
The Secretary of Labor shall enter into contracts with
entities with demonstrated experience in the provision of transitional jobs to
provide technical assistance to the program operators and worksite employers
for the programs assisted under this paragraph.
(2)
Public-private
career pathways partnerships
(A)
In
general
To allow workforce education providers representing
career pathway partnerships—
(i) to
create or expand career pathways, with groups of employers in specific industry
or occupational sectors, for disadvantaged workers, which may include any mix
of such employers’ existing lower wage employees, new hires or potential hires;
or
(ii) to
fill in gaps in career pathways in particular localities or regions as needed
to ensure that career pathways are accessible to unemployed disadvantaged
workers and at risk youth who have lower skills or limited English proficiency,
including through the creation of workforce education services, such as
bridge programs that contextualize basic skills, English
language, or college remedial education services to specific career pathways,
and efforts to create opportunities for gaining work experience in a career
pathway.
(B)
Use of
funds
Funds made available under a grant under this paragraph may
be used by career pathways partnerships for any expense reasonably related to
the accomplishment of the specific objectives of the partnership and the
purpose described in this paragraph, including any of the activities described
in subsection (a)(2)(D).
(C)
Limitations
(i)
In
general
Of the funds made available to a career pathway
partnership to carry out the purpose described in this paragraph—
(I) not more than 30
percent of such funds may be used to pay or subsidize wages during a period of
work experience or internship, not to exceed 90 days; and
(II) not more than 10
percent of such funds may be used for administrative purposes, but this
limitation shall not apply to activities related to building and maintaining
partnerships, including such activities as conducting workforce needs
assessments, brokering public-private and interagency agreements, creating
customized curricula, and developing work experience opportunities.
(ii)
Prohibition on
subsidizing wages of current employees
No funds made available to
carry out this paragraph shall be used to subsidize the wages of any individual
who, as of the date of the establishment of the career pathway partnership, is
an employee of any employer participating in the partnership.
(D)
Requirements for
awarding of subgrants
(i)
In
general
Funds shall be made available to career pathway
partnerships to carry out the purpose described in this paragraph based on a
performance-based accountability system that includes the following measures of
performance:
(I) The number of
individuals to be trained.
(II) The percentage of
such individuals who complete the program.
(III) The percentage
of such individuals who enter or advance in employment.
(IV) The wage and
benefit gains of individuals who complete the program before and within 6
months after their program completion, including the extent to which the
individuals achieved economic self-sufficiency.
(V) The percentage of
individuals who complete the program and enter employment who retain employment
for at least 6 months.
(VI) Where applicable,
the percentage of individuals who owe child support and complete the program
who improve in their payment of child support within 6 months after their
program completion.
In establishing
goals for such measures, due consideration shall be given to the education,
work experience, and job readiness of the individuals expected to participate
in the program, the barriers of such individuals to employment, and the local
job market.
(ii)
Considerations
for funding renewals
A subgrantee's level of success in achieving
employment, advancement, wage, and employment retention goals shall be a
primary consideration for determining whether to renew a grant made to such
entity and the funding level for such grant.
(iii)
Priorities for
awards of subgrants
In awarding subgrants under this paragraph, a
State shall give priority to applications that—
(I) propose to serve
areas of high poverty, high youth unemployment, high dropout rates, or high
rates of low-income single-parent families;
(II) include a
substantial cash or in-kind match by all employers, including joint
labor-management programs where applicable, in the partnerships, such as paid
release time for employed workforce education participants;
(III) use
instructional materials and instructors directly used in the specific business
or industry sectors of the partnership employers;
(IV) link successful
completion of workforce education services to wage increases, promotions or job
hires;
(V) will result in
attainment of employer-recognized occupational and educational
credentials;
(VI) address career
guidance and adult basic education and English language needs as well as
job-specific skills;
(VII) demonstrate a
blending of resources from partner agencies in the workforce system and other
sectors and Federal programs, including superior procedures for coordinating
responsible fatherhood promotion activities, where appropriate, to support the
development of high quality pathways;
(VIII) identify how
the subgrantee will maximize services to unemployed disadvantaged workers who
also face other barriers in the labor market, such as high school dropout,
offender status, aging out of foster care, low basic skill level, including
limited English proficiency, learning disabilities, physical, emotional or
behavior disabilities, or substance abuse recovery, which may be through direct
relationships with local providers of transitional jobs programs under which in
appropriate circumstances transitional jobs participants may access career
pathways programs upon completion of the transitional jobs program; and
(IX) support
collaboration, as appropriate, between employers and labor organizations and
other workforce development professionals, including joint labor management
training and education programs where appropriate.
(E)
Definitions
In
this paragraph:
(i)
Adult
education
The term adult education has the meaning
given that term in section 203 of the Workforce Investment Act of 1998 (20
U.S.C. 9202).
(ii)
Career
pathway
The term career pathway means a linked set
of workforce education and job opportunities within a specific industry sector,
or for an occupational sector that cuts across multiple business and industry
sectors, which begins at the lowest skill and English language levels, and
extends through for-credit college opportunities such as earning relevant
associate or bachelor’s degrees, and prepares individuals for advancement in
jobs in demand in the local or regional labor market.
(iii)
Community-based
provider
The term community-based provider means a
not-for-profit organization, with local boards of directors, that directly
provides workforce education services.
(iv)
Institution of
higher education
The term institution of higher
education has the meaning given that term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
(v)
Charter
school
The term charter school has the meaning given
that term in section 5210 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7221i).
(vi)
Area career and
technical education school
The term area career and
technical education school has the meaning given that term in section 3
of the Carl D. Perkins Vocational and Technical Education Act of 1998 (20
U.S.C. 2302).
(vii)
Disadvantaged
workers
The term disadvantaged workers means
unemployed individuals in low-income households or employed individuals in
low-income households with wages at or below 2/3 of the
median wage for the State or region applying for the grant.
(viii)
Career
pathway partnership
The term career pathway
partnership means collaborations of 1 or more workforce education
providers, 1 or more employers, 1 or more labor organizations, where
applicable, as a result of such organization's representation of employees at
the worksite who have skills in which the training or employment programs are
proposed, and may include optional additional entities as needed to provide a
comprehensive range of workforce education and ancillary support
services.
(ix)
Workforce
education
The term workforce education means a set
of career guidance and exploration services, adult education and English
language services, job training, registered apprenticeship programs, and credit
and noncredit postsecondary education services aimed at preparing individuals
to enter and sustain employment in specific occupations and to have the
sufficient skills to respond to shifting employment opportunities.
(x)
Workforce
education provider
The term workforce education
provider means community-based providers, institutions of higher
education, area vocational and technical education schools, charter schools,
and other public nonprofit entities that have a demonstrated capacity to
provide quality workforce education services.
(c)
Matching
requirement
(1)
In
general
The Secretary of Health and Human Services and the
Secretary of Labor may not award a grant to a State under this section unless
the State agrees that, with respect to the costs to be incurred by the State in
conducting a demonstration project with funds provided under the grant, the
State will make available non-Federal contributions in an amount equal to 10
percent of the amount of Federal funds paid to the State under such
grant.
(2)
Non-federal
contributions
In this subsection, the term non-Federal
contributions includes contributions by the State and by public and
private entities that may be in cash or in kind, but does not include any
amounts provided by the Federal Government, or services assisted or subsidized
to any significant extent by the Federal Government, or any amount expended by
a State before October 1, 2013.
(d)
Worker
protections and labor standards
(1)
Rate of pay;
benefits and working conditions
(A)
In
general
A worksite employer of a participant in a program or
activity funded under this section shall pay the participant at the rate paid
to employees of the worksite employer who are not participants in such program
or activity and who perform comparable work at the worksite, including periodic
increases where appropriate. If no other employees of the worksite employer
perform comparable work at the worksite, the worksite employer shall pay the
participant not less than the applicable Federal or State minimum wage,
whichever is higher.
(B)
Benefits and
conditions
An individual employed through participation in a
program or activity funded under this section shall be provided with benefits
and working conditions at the same level and to the same extent as such
benefits and conditions are provided to other employees of the employer of the
individual who have worked a similar length of time and perform the same
work.
(2)
Nonduplication
(A)
In
general
Funds provided through a grant made under this paragraph
shall be used only for a program or activity that does not duplicate, and is in
addition to, a program or activity otherwise available in the locality of the
program or activity funded under this section.
(B)
Private,
nonprofit entity
Funds provided through a grant made under this
section shall not be provided to a private nonprofit entity to conduct programs
or activities that are the same as or substantially equivalent to activities
provided by a State or local government agency in the area in which such entity
is located, unless the requirements of paragraph (3) are met.
(3)
Nondisplacement
(A)
In
general
A worksite employer shall not displace an employee or
position (including partial displacement such as reduction in hours, wages, or
employment benefits) or impair contracts for services or collective bargaining
agreements, as a result of the use by such employer of a participant in a
program or activity funded under this section, and no participant in the
program or activity shall be assigned to fill any established unfilled position
vacancy.
(B)
Job
opportunities
A job opportunity shall not be created under this
paragraph that will infringe in any manner on the promotional opportunity of an
employed individual.
(C)
Limitation on
services
(i)
Supplantation of
hiring
A participant in any program or activity funded under this
section shall not perform any services or duties, or engage in activities, that
will supplant the hiring of employees that are not participants in the program
or activity.
(ii)
Duties formerly
performed by another employee
A participant in any program or
activity funded under this section shall not perform services or duties, or
engage in activities, that are services, duties, or activities that had been
performed by or were assigned to any employee who recently resigned or was
discharged, who is subject to a reduction in force, who has recall rights
pursuant to a collective bargaining agreement or applicable personnel
procedures, who is on leave (such as terminal, temporary, vacation, emergency,
or sick leave), who is on strike, or who is being locked out.
(D)
Concurrence of
local labor organization
No placement shall be made under a
program or activity funded under this section until the entity conducting the
program or activity has obtained the written concurrence of any local labor
organization representing employees who are engaged in the same or
substantially similar work as that proposed to be carried out for the worksite
employer with whom a participant is to be placed under the program or
activity.
(4)
No impact on
union organizing
A State conducting a demonstration project
funded under this section and any entity conducting a program or activity
funded under this section shall provide the Secretary with a certified
assurance that none of such funds shall be used to assist or deter union
organizing.
(5)
Accountability
(A)
In
general
Funds provided under this section shall not be used to
subsidize training or employment with an employer that has a demonstrable
record of noncompliance with Federal labor, civil rights, workplace safety, or
related laws.
(B)
Certified
satisfactory record
Employers who receive training or wage
subsidies under programs or activities funded under this section shall have a
satisfactory record in labor relations and employment practices, as certified
by the Secretary of Labor.
(C)
Application of
worker protection laws
A participant in a program or activity
funded under this section shall be considered to be an employee of any employer
that the participant is placed with for all purposes under Federal and State
law, including laws relating to health and safety, civil rights, and worker’s
compensation.
(D)
Other job
quality standards
Employers who receive training or wage
subsidies under programs or activities funded under this section shall meet all
applicable State or local job or employer quality standards regarding such
issues as wages, benefits, advancement opportunities, and turnover rates
established for programs funded under the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.).
(6)
Grievance
procedure
An entity conducting a program or activity funded under
this section shall establish and maintain a procedure for the filing and
adjudication of grievances by employees of worksite employers who are not
participants in the program, or such employees’ representatives, or by
participants in such a program or activity alleging a violation of a provision
of this subsection that is similar to the grievance procedure established by a
State for purposes of section 407(f)(3) of the Social Security Act (42 U.S.C.
607(f)(3)).
(7)
Nonpreemption of
state law
The provisions of this subsection shall not be
construed to preempt any provision of State law that affords greater
protections to employees or participants than are afforded by this
subsection.
(8)
Treatment of
amounts paid to participants
Amounts paid to a participant in a
program or activity funded under this section shall be—
(A) considered earned
income for purpose of determining the participant's eligibility for the child
tax credit established under section 24 of the Internal Revenue Code of 1986,
the earned income tax credit established under section 32 of such Code, and any
other tax benefit established under such Code the eligibility for which is
based on earned income; and
(B) disregarded for
purposes of determining the participant's, the participant's family's, or the
participant's household's eligibility for, or amount of, assistance or benefits
provided under any means-tested program funded in whole or in part with Federal
funds.
(e)
Application
(1)
Requirements for
all applications
(A)
In
general
A State desiring to receive a grant to conduct a
demonstration project under this section shall submit an application—
(i) to
the Secretary of Health and Human Services, in the case of a grant under
subsection (a); or
(ii) to
the Secretary of Labor, in the case of a grant under subsection (b);
at such
time, in such manner, and containing such information or assurances as the
Secretary of Health and Human Services or the Secretary of Labor, as
appropriate, may require.
(B)
Compliance with
worker protections and labor standards
The application shall
include an assurance that the State and any entity conducting a program or
activity under the project shall comply with the worker protections and labor
standards established in accordance with such protections under subsection
(d).
(C)
Nondiscrimination
The
application shall include an assurance that the State and any entity conducting
a program or activity under the demonstration project shall comply with section
188(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2938(a)(2)) to the
same extent that such section would apply to the entity if the program or
activity conducted under the demonstration project was considered to be funded
or otherwise financially assisted under that Act.
(D)
Assurance grant
will supplement, not supplant, other State funding
The
application shall include an assurance from the chief executive officer of the
State that funds made available under the grant will supplement, and not
supplant, other funds used by the State to establish or support employment
placements for low-income parents.
(2)
Specific
demonstration project requirements
(A)
Court-supervised
or IV–D agency-supervised employment programs for noncustodial
parents
In order to conduct a demonstration project described in
subsection (a), a State shall include in the application submitted to the
Secretary of Health and Human Services the following:
(i) Evidence of an
agreement between the State and 1 or more counties to establish an employment
program that meets the requirements of subsection (a).
(ii) The
number of potential noncustodial parents to be served by the program.
(iii) The purposes
specific to that State’s program.
(iv) The
median income of the target population.
(B)
Public-private
career pathways partnerships
In order to conduct a demonstration
project described in paragraph (2) of subsection (b), a State shall include in
the application submitted to the Secretary of Labor a description of—
(i) the
number, characteristics, and employment and earnings status of disadvantaged
individuals in the State or applicable region where the program is to be
conducted;
(ii) which business
and industry sectors, or occupational clusters that cut across sectors, will be
targeted by the career pathways partnership, based on overall economic benefit
to the community, the current and future demand for workers, the advancement
opportunities for workers, the wages at each step of the career pathway, and
availability of worker benefits;
(iii) the
interventions that will be put in place to address any educational deficits,
limited English proficiency, or learning disabilities of individuals who
participate in the program and to ensure that such individuals have the
academic, technical, communications, and other job skills to function in the
jobs targeted by the partnership;
(iv) how
the members of the partnership will collaborate on the development of
curriculum and delivery of training that will provide the necessary
occupational, academic and other work-related skills and credentialing needed
for the specific labor market areas;
(v) the
supports that will be used to provide counseling, mentoring or other support to
individuals while in training or to assist them in navigating in complicated
work environments;
(vi) the
set of career exposure activities that will be put in place to provide hands-on
experience such as work experience, on the job training, internships, or
work-study;
(vii) the agreements
that are in place with employers, industry groups, and labor organizations,
where applicable, to ensure access to jobs and advancement opportunities in the
targeted businesses, industry, or occupations;
(viii) how the
workforce education providers in the partnership will assess the employment
barriers and needs of local disadvantaged individuals who participate in the
program and will identify resources for meeting those needs;
(ix) how
the workforce education providers will work with partnership employers,
business and industry groups, labor organizations, where applicable, and local
economic development organizations to identify the priority workforce needs of
the local industry;
(x) how
the partnerships will ensure that the appropriate program delivery models and
formal agreements are in place to ensure maximum benefits to the individuals
receiving career pathway partnership services and to the employers and labor
organizations, where applicable, in the partnership and the industries or
businesses they represent;
(xi) how partnership
employers and labor organizations, where applicable, will be actively involved
in identifying specific workforce education needs, planning the curriculum,
assisting in training activities, providing job opportunities, and coordinating
job retention for individuals hired after training through the program and
followup support; and
(xii) how the
partnership will build on existing career pathways programs, where applicable,
to serve the targeted population.
(3)
Applications by
Indian tribes or tribal organizations
The Secretary of Health and
Human Services and the Secretary of Labor may exempt an Indian tribe or tribal
organization from any requirement of this section that the Secretary of Health
and Human Services or the Secretary of Labor determines would be inappropriate
to apply to the Indian tribe or tribal organization, taking into account the
resources, needs, and other circumstances of the Indian tribe or tribal
organization.
(f)
Priorities and
requirements for awarding grants
(1)
In
general
Subject to paragraphs (2) and (3), the State shall give
priority to making grants under this section to entities that—
(A) demonstrate
success with respect to meeting the goals of quality job placement, long-term
unsubsidized job retention, and, where applicable, increasing child support
payments, decreasing unpaid child support arrearages, and increasing the
involvement of low-income noncustodial parents with their children through
their participation in responsible fatherhood activities, including
participation in programs that provide culturally relevant curricula in core
subjects including—
(i) conducting
activities with children;
(ii) improving
communication skills;
(iii) child support
management;
(iv) providing
financially for the family's security and well-being;
(v) managing stress
and anger;
(vi) maintaining
physical and mental health;
(vii) parenting and
relationship skills;
(viii) child
development; and
(ix) barriers to
responsible parenthood, including substance abuse, unemployment, criminal
justice system involvement, and inadequate housing; and
(B) coordinate with,
and link individuals as applicable to, other public and private benefits and
employment services for low-income adults, including the criminal justice
system, programs funded under each part of title IV of the Social Security Act
(including programs funded under section 403(a)(2) of such Act), educational
assistance and student aid programs, and job training or employment services,
including State employment agencies.
(2)
Performance
measures
In making grants under this section, the Secretary of
Health and Human Services (in the case of a grant under subsection (a)) and the
Secretary of Labor (in the case of a grant under subsection (b)) shall ensure
that grantees demonstrate a plan for implementing measures to track their
performance with respect to meeting the goals of quality job placement,
long-term unsubsidized job retention, and, where applicable, increasing child
support payments, decreasing child support arrearages, and increasing the
involvement of low-income noncustodial parents with their children.
(3)
Reflective of
target populations
In making grants under this section, the
Secretary of Health and Human Services (in the case of a grant under subsection
(a)) and the Secretary of Labor (in the case of a grant under subsection (b))
shall give priority to States with proposed demonstration projects that are
designed to target low-income adults, including custodial and noncustodial
parents, and low-income married couples.
(4)
Substantial
funding for each of the purposes
In making grants under
subsection (b), the Secretary of Labor shall ensure that a substantial share of
the amount appropriated under subsection (j) for a fiscal year is used for
carrying out each of the projects described in paragraphs (1) and (2) of
subsection (b).
(g)
Regulatory and
policy flexibility
The Secretary of Labor and the Secretary of
Health and Human Services, in coordination with the Secretary of Education and
the Attorney General, shall work with grantees under this section to resolve
policy barriers that may impede blending of Federal resources to support these
demonstration projects.
(h)
Evaluation
The
Secretary of Health and Human Services (in the case of a grant under subsection
(a)) and the Secretary of Labor (in the case of a grant under subsection (b))
shall provide for an independent and rigorous evaluation of the demonstration
projects conducted under this section that includes, to the maximum extent
feasible, random assignment or other appropriate statistical techniques, in
order to assess the effectiveness of the projects.
(i)
General
definitions
In this section:
(1)
State
The
term State means each of the 50 States, the District of Columbia,
the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, and includes an Indian tribe or tribal organization.
(2)
IV–D
agency
The term IV–D agency means the State or local
agency responsible for administering the State program established under part D
of title IV of the Social Security Act (42 U.S.C. 651 et seq.).
(3)
Indian tribe;
tribal organization
The terms Indian tribe and
tribal organization have the meaning given such terms in section 4
of the Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b).
(j)
Appropriation
Out
of any money in the Treasury of the United States not otherwise appropriated,
there are appropriated to carry out this section—
(1) for programs
administered by the Secretary of Health and Human Services under subsection
(a), $15,000,000 for each of fiscal years 2014 through 2018; and
(2) for programs
administered by the Secretary of Labor under subsection (b), $35,000,000 for
each of fiscal years 2014 through 2018.
103.
Healthy
marriage promotion and responsible fatherhood programs
(a)
Voluntary
participation
(1)
Assurance
Section
403(a)(2)(A)(ii)(II) of the Social Security Act (42 U.S.C.
603(a)(2)(A)(ii)(II)) is amended—
(A) in item (aa), by
striking and at the end;
(B) in item (bb), by
striking the period at the end and inserting a semicolon; and
(C) by adding at the
end the following new items:
(cc) if
the entity is a State or an Indian tribe or tribal organization, to not
condition the receipt of assistance under the program funded under this part,
under a program funded with qualified State expenditures (as defined in section
409(a)(7)(B)(i)), or under any other program funded under this title on
enrollment in any such programs or activities; and
(dd) to
permit any individual who has begun to participate in a particular program or
activity funded under this paragraph, including an individual whose
participation is specified in the individual responsibility plan developed for
the individual in accordance with section 408(b), to transfer to another such
program or activity funded under this paragraph upon notification to the entity
and the State agency responsible for administering the State program funded
under this
part.
.
(2)
Prohibition
Section
408(a) of such Act (42 U.S.C. 608(a)) is amended by adding at the end the
following:
(13)
Ban on
conditioning receipt of tanf or certain other benefits on participation in a
healthy marriage or responsible fatherhood program
A
State to which a grant is made under section 403 shall not condition the
receipt of assistance under the State program funded under this part, under a
program funded with qualified State expenditures (as defined in section
409(a)(7)(B)(i)), or under any other program funded under this title, on
participation in a healthy marriage promotion activity (as defined in section
403(a)(2)(A)(iii)) or in an activity promoting responsible fatherhood (as
defined in section
403(a)(2)(C)(ii)).
.
(3)
Penalty
Section
409(a) of such Act (42 U.S.C. 609(a)) is amended by adding at the end the
following:
(17)
Penalty for
conditioning receipt of tanf or certain other benefits on participation in a
healthy marriage or responsible fatherhood program
If
the Secretary determines that a State has violated section 408(a)(13) during a
fiscal year, the Secretary shall reduce the grant payable to the State under
section 403(a)(1) for the immediately succeeding fiscal year by an amount equal
to 5 percent of the State family assistance
grant.
.
(b)
Activities
promoting responsible fatherhood
Section 403(a)(2)(C)(ii) of the
Social Security Act (42 U.S.C. 603(a)(2)(C)(ii)) is amended—
(1) in subclause (I),
by striking marriage or sustain marriage and insert
healthy relationships and marriages or to sustain healthy relationships
or marriages;
(2) in subclause (II),
by inserting educating youth who are not yet parents about the economic,
social, and family consequences of early parenting, helping participants in
fatherhood programs work with their own children to break the cycle of early
parenthood, after child support payments,; and
(3) in subclause
(III), by striking fathers and inserting low-income
fathers and other low-income noncustodial parents who are not eligible for
assistance under the State program funded under this part.
(c)
Reauthorization
Section
403(a)(2)(D) of such Act (42 U.S.C. 603(a)(2)(D)) is amended—
(1) by striking
year 2012 the 1st place it appears and inserting years
2014 through 2018; and
(2) by striking
fiscal year 2012 the 2nd place it appears and inserting a
fiscal year.
(d)
Effective
date
The amendments made by this section shall take effect on
October 1, 2013.
104.
Elimination of
separate TANF work participation rate for 2-parent families
(a)
In
general
Section 407 of the Social
Security Act (42 U.S.C. 607) is amended—
(1) in subsection
(a)—
(A) beginning in the
heading, by striking Participation Rate Requirements and all
that follows through A State in paragraph (1) and inserting
Participation Rate
Requirements.—A State; and
(B) by striking
paragraph (2);
(2) in subsection
(b)—
(A) in paragraph
(1)(A), by striking subsection (a)(1) and inserting
subsection (a);
(B) in paragraph (2),
by striking the paragraph heading and all that follows through A
family and inserting Special rule.—A family;
(C) in paragraph (4),
by striking paragraphs (1)(B) and (2)(B) and inserting
determining monthly participation rates under paragraph (1)(B);
and
(D) in paragraph (5),
by striking rates and inserting rate; and
(3) in subsection
(c)—
(A) in paragraph
(1)(B), in the matter preceding clause (i), by striking subsection
(b)(2)(B) and inserting subsection (b)(1)(B)(i);
and
(B) in paragraph
(2)(D)—
(i) by
striking paragraphs (1)(B)(i) and (2)(B) of subsection (b) and
inserting subsection (b)(1)(B)(i); and
(ii) by
striking and in 2-parent families, respectively,.
(b)
Effective
date
(1)
In
general
The amendments made by subsection (a) shall take effect
on the date of enactment of this Act and shall apply to the determination of
minimum participation rates for months beginning on or after that date.
(2)
Limitation on
penalty imposition
Notwithstanding section 409(a)(3) of the
Social Security Act, the Secretary of Health and Human Services shall not
impose a penalty against a State under that section on the basis of the State's
failure to satisfy the participation rate required for any of fiscal years 2006
through 2013 if the State demonstrates that the State would have met such
requirement if, with respect to those months of any of such fiscal years that
began prior to or on the date of enactment of this Act, the State were
permitted to count 2-parent families that met the requirements of section
407(c)(1)(A) of the Social Security Act (42 U.S.C. 607(c)(1)(A)) in the
determination of monthly participation rates under section 407(b)(1)(B)(i) of
such Act (42 U.S.C. 607(b)(1)(B)(i)).
105.
Ban on recovery
of Medicaid costs for births
(a)
Ban on
recovery
(1)
In
general
Section 454 of the
Social Security Act (42 U.S.C. 654), is amended—
(A) by striking
and at the end of paragraph (33);
(B) by striking the
period at the end of paragraph (34) and inserting a semicolon; and
(C) by inserting after
paragraph (34) the following:
(35) provide that,
except as provided in section 1902(a)(25)(F)(ii), the State shall not use the
State program operated under this part to collect any amount owed to the State
by reason of costs incurred under the State plan approved under title XIX for
the birth of a child for whom support rights have been assigned pursuant to
section 471(a)(17) or 1912;
and
.
(2)
Rule of
construction
Nothing in section 454(35) of the Social Security
Act (42 U.S.C. 654(35)), as added by paragraph (1), shall be construed as
affecting the application of section 1902(a)(25) of such Act (42 U.S.C.
1396a(a)(25)) with respect to a State (relating to the State Medicaid plan
requirement for the State to take all reasonable measures to ascertain the
legal liability of third parties to pay for care and services available under
the plan).
(3)
Repeal of
certain DRA amendments
For provisions repealing amendments to
section 454 of the Social Security Act made by section 7301(b)(1)(C) of the
Deficit Reduction Act of 2005, see section 106(a)(3) of this Act.
(b)
Clarification
that ban on recovery does not apply with respect to insurance of a parent with
an obligation To pay child support
Clause (ii) of section
1902(a)(25)(F) of the Social Security Act (42 U.S.C. 1396a(a)(25)(F)) is
amended by inserting only if such third-party liability is derived
through insurance, before seek.
(c)
Effective
date
(1)
In
general
Except as provided in paragraph (2), the amendments made
by this section take effect on October 1, 2013.
(2)
Extension of
effective date for state law amendment
In the case of a State
plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which
the Secretary of Health and Human Services determines requires State
legislation in order for the plan to meet the additional requirements imposed
by the amendments made by this section, the State plan shall not be regarded as
failing to comply with the requirements of such title solely on the basis of
its failure to meet these additional requirements before the first day of the
first calendar quarter beginning after the close of the first regular session
of the State legislature that begins after the date of enactment of this Act.
For purposes of the previous sentence, in the case of a State that has a 2-year
legislative session, each year of the session is considered to be a separate
regular session of the State legislature.
106.
Improved
collection and distribution of child support
(a)
Distribution of
child support
(1)
Full
distribution of child support collected; reform of rules for distribution of
child support collected on behalf of children in foster care
(A)
In
general
Section 457 of the Social Security Act (42 U.S.C. 657) is
amended—
(i) by
striking subsection (a) and inserting the following:
(a)
Full
distribution of amounts collected on behalf of any family
Subject
to subsection (c), the entire amount collected on behalf of any family as
support by a State pursuant to a plan approved under this part shall be paid by
the State to the family.
;
and
(ii) by
striking subsections (c) through (e) and inserting the following:
(c)
Amounts
collected for child for whom foster care maintenance payments are
made
Notwithstanding the
preceding provisions of this section, amounts collected by a State as child
support for months in any period on behalf of a child for whom a public agency
is making foster care maintenance payments under part E shall be paid to the
public agency responsible for supervising the placement of the child, which may
use the payments in the manner it determines will serve the best interests of
the child, including setting such payments aside for the child’s future needs
or
use.
.
(B)
Foster care
state plan amendment
Section 471(a)(17) of the Social Security
Act (42 U.S.C. 671(a)(17)) is amended—
(i) by
inserting and consistent with the child's case plan after
where appropriate; and
(ii) by striking
secure an assignment to the State of any rights to support and
inserting establish paternity and establish, modify, and enforce child
support obligations.
(C)
Social Security
Act amendments
(i)
Child support
State plan amendment
Section 454 of the Social Security Act (42
U.S.C. 654), as amended by section 105(a)(1) of this Act, is amended by
inserting after paragraph (35) the following:
(36) provide that a
State shall pay all collected child support to the payee, except as provided in
section
457(c).
.
(ii)
Disbursement of
support payments
Section 454B(c) of the Social Security Act (42
U.S.C. 654b(c)) is amended by adding at the end the following new
paragraph:
(3)
Disbursement to
families
The State disbursement unit shall pay all collected
child support to the payee, except as otherwise provided in section
457.
.
(2)
Conforming
amendments
(A) Section
409(a)(7)(B)(i)(I)(aa) of such Act (42 U.S.C. 609(a)(7)(B)(i)(I)(aa)) is
amended by striking 457(a)(1)(B) and inserting
457(a).
(B) Section 454(5) of
such Act (42 U.S.C. 654(5)) is amended by striking (A) in any
case and all that follows through (B).
(C) Section
466(a)(3)(B) of such Act (42 U.S.C. 666(a)(3)(B)) is amended—
(i) by
striking shall be distributed in accordance with section 457 in the case
of overdue support assigned to a State pursuant to section 408(a)(3) or
471(a)(17), or, in any other case,; and
(ii) by inserting or to the public agency
responsible for supervising the placement of the child, which may use the
payments in the manner the public agency determines will serve the best
interest of the child before the semicolon.
(3)
Repeal of
certain DRA amendments
Effective on the date of enactment of this
Act, subsections (a) and (b) of section 7301 of the Deficit Reduction Act of
2005 (Public Law 109–171; 120 Stat. 141) are repealed and parts A and D of
title IV of the Social Security Act shall be applied as if the amendments made
by such subsections had not been enacted.
(b)
Prohibition on
conditioning receipt of TANF on assignment of support
Section
408(a)(3) of the Social Security Act (42 U.S.C. 608(a)(3)) is amended—
(1) in the paragraph
heading, by striking No
assistance for families not and inserting
Prohibition on
conditioning assistance for families on;
(2) by inserting
not after shall;
(3) by inserting
or under a program funded with qualified State expenditures (as defined
in section 409(a)(7)(B)(i)) after this part; and
(4) by striking
, not exceeding the total amount of assistance so paid to the
family,.
(c)
Requirement To
disregard percentage of child support collected in determining amount and type
of TANF assistance
Section 408(a) of the Social Security Act (42
U.S.C. 608(a)), as amended by section 103(b)(2) of this Act, is amended by
adding at the end the following new paragraph:
(14)
Requirement to
disregard percentage of child support collected in determining amount and type
of TANF assistance
A State to which a grant is made under section
403 shall disregard at least the same percentage of amounts collected as
support on behalf of a family as the percentage of earned income that the State
disregards, in determining the amount or type of assistance provided to the
family under the State program funded under this part or under a program funded
with qualified State expenditures (as defined in section
409(a)(7)(B)(i)).
.
(d)
Restoration of
Federal funding
Effective on the date of enactment of this Act,
section 7309 of the Deficit Reduction Act of 2005 (Public Law 109–171; 120
Stat. 147) is repealed and part D of title IV of the Social Security Act shall
be applied as if the amendment made by subsection (a) of that section had not
been enacted.
(e)
Repeal of
mandatory fee for child support collection
Effective on the date
of enactment of this Act, section 7310 of the Deficit Reduction Act of 2005
(Public Law 109–171; 120 Stat. 147) is repealed and part D of title IV of the
Social Security Act shall be applied as if the amendments made by that section
had not been enacted.
(f)
Prohibition on
considering a period of incarceration voluntary
unemployment
Section 466(a) of the Social Security Act (42 U.S.C.
666(a)) is amended by inserting after paragraph (19) the following:
(20)
Procedures
relating to periods of incarceration of noncustodial parents
(A)
In
general
Procedures which require that, in determining or
modifying the amount of, or terms and conditions of, any support obligation of
a noncustodial parent, the State—
(i) shall not consider
any period of incarceration of such parent as a period of voluntary
unemployment that disqualifies the parent from obtaining a modification of the
support obligation consistent with the parent's ability to pay child support;
and
(ii) subject to
subparagraph (B) in the case of an incarcerated parent, may—
(I) temporarily
suspend any support obligation on the parent and the enforcement of any support
obligation of the parent existing prior to the period of incarceration;
and
(II) temporarily
prohibit the accrual of any interest on any support obligation of the parent
existing prior to the period of incarceration during any such period.
(B)
Notice and
opportunity to challenge suspension
Such procedures shall require
the State to provide a custodial parent with—
(i) notice of any
suspension of review, adjustment, or enforcement of a support obligation and of
any prohibition on interest accrual on such obligation that is imposed in
accordance with subparagraph (A)(ii); and
(ii) an opportunity to
request that the suspension or prohibition be terminated or modified on the
basis that the noncustodial parent has sufficient income or resources to
continue payment of the support obligation during the noncustodial parent's
period of
incarceration.
.
(g)
Review and
adjustment of child support arrearages upon request
Section
466(a)(10) of the Social Security Act (42 U.S.C. 666(a)(10)) is amended by
adding at the end the following:
(D)
Review and
adjustment of arrearages
Procedures which require the State to
review, and if appropriate, reduce the balance of arrearages permanently
assigned to the State under part A or E of this title, or under title XIX,
pursuant to standards and procedures established by the State, in cases where
the obligor lacks sufficient ability to pay the arrears, adjustment will
promote timely payment of current support, or barriers, such as incarceration,
may have limited the ability of the obligor to timely seek a modification of
the order, and it is in the best interests of the child to make such reduction.
Nothing in the preceding sentence shall be construed as affecting arrearages
that have not been permanently assigned to the State under any such part or
title.
.
(h)
Study and
report
Not later than October 1, 2014, the Secretary of Health
and Human Services shall study and submit a report to Congress regarding the
following:
(1) The effect of age
eligibility restrictions for the earned income tax credit established under
section 32 of the Internal Revenue Code of 1986 for individuals without
qualifying children on—
(A) the ability of
young parents to pay child support;
(B) compliance with
child support orders; and
(C) the relationship
between young noncustodial parents and their children.
(2) The impact of
State earned income tax credit programs, especially such programs with targeted
benefits for noncustodial parents, on—
(A) the ability of
noncustodial parents to pay child support;
(B) compliance with
child support orders; and
(C) the relationship
between noncustodial parents and their children.
(3) The challenges
faced by legal immigrants and individuals for whom English is not their primary
language in fulfilling child support and other noncustodial parenting
obligations.
(i)
Effective
date
(1)
In
general
Except as otherwise provided in this section, the
amendments made by this section shall take effect on October 1, 2013, and shall
apply to payments under parts A and D of title IV of the Social Security Act
for calendar quarters beginning on or after that date, and without regard to
whether regulations to implement the amendments are promulgated by such
date.
(2)
State option to
accelerate effective date
Notwithstanding paragraph (1), a State
may elect to have the amendments made by the preceding provisions of this
section apply to the State and to amounts collected by the State (and to
payments under parts A and D of title IV of such Act), on and after such date
as the State may select that is not later than September 30, 2013.
107.
Collection of
child support under the supplemental nutrition assistance program
(a)
Encouragement of
collection of child support
Section 5 of the Food and Nutrition
Act of 2008 (7 U.S.C. 2014) is amended—
(1) in subsection
(e)—
(A) by redesignating
paragraphs (5) and (6) as paragraphs (6) and (7), respectively;
(B) in paragraph
(4)(B), by striking paragraph (6) and inserting paragraph
(7); and
(C) by inserting after
paragraph (4) the following:
(5)
Deduction for
child support received
(A)
In
general
A household shall be allowed a deduction of 20 percent of
all legally obligated child support payments received from an identified or
putative parent of a child in the household if that parent is not a household
member.
(B)
Order of
determining deductions
A deduction under this paragraph shall be
determined before the computation of the excess shelter deduction under
paragraph (7).
;
and
(2) in subsection
(k)(4)(B), by striking subsection (e)(6) and inserting
subsection (e)(7).
(b)
Simplified
verification of child support payments
Section 5(n) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2014(n)) is amended—
(1) in the subsection
heading, by striking State options to simplify, and inserting
Simplified; and
(2) by striking
Regardless of whether and inserting the following:
(1)
In
general
A household that is paying legally obligated child
support through the program under part D of title IV of the Social Security Act
(42 U.S.C. 651 et seq.) shall receive—
(A) a deduction under
subsection (e)(4); or
(B) an exclusion under
subsection (d)(6) for child support payments made.
(2)
State
options
Regardless of
whether
.
(c)
Inclusion of
economic opportunities programs in definition of work
program
Section 6(o)(2) of the Food and Nutrition Act of 2008 (7
U.S.C. 2015(o)(2)) is amended—
(1) in subparagraph
(C), by striking or at the end;
(2) in subparagraph
(D), by striking the period at the end and inserting ; or;
and
(3) by adding at the
end the following:
(E) participate in and
comply with the requirements of a demonstration project under section 106 of
the Julia Carson Responsible Fatherhood and
Healthy Families Act of
2013;
.
(d)
Effective
date
(1)
In
general
This section and the amendments made by this section take
effect on October 1, 2013.
(2)
State
option
A State may implement the amendments made by subsections
(a) and (b) for participating households at the first recertification of the
households that occurs on or after October 1, 2013.
108.
Grants
supporting healthy family partnerships for domestic violence intervention and
preventions
Section 403(a) of
the Social Security Act (42 U.S.C. 603(a)) is amended by adding at the end the
following new paragraph:
(6)
Grants
supporting healthy family partnerships for domestic violence intervention and
prevention
(A)
In
general
The Secretary shall
award grants on a competitive basis to healthy family partnerships to develop
and implement promising practices for—
(i) assessing and providing services to
individuals and families affected by domestic violence, including through
caseworker training, the provision of technical assistance to community
partners, and the implementation of safe visitation and exchange programs;
or
(ii) preventing domestic violence, particularly
as a barrier to economic security, and fostering healthy relationships.
(B)
Education
services
In awarding grants under subparagraph (A), the Secretary
shall ensure that 10 percent of the funds made available under such grants are
used for high schools and other secondary educational institutions and
institutions of higher education to provide education services on the value of
healthy relationships, responsible parenting, and healthy marriages
characterized by mutual respect and nonviolence, and the importance of building
relationships skills such as communication, conflict resolution, and
budgeting.
(C)
Application
The
respective entity and organization of a healthy family partnership entered into
for purposes of receiving a grant under this paragraph shall submit a joint
application to the Secretary, at such time and in such manner as the Secretary
shall specify, containing—
(i) a
description of how the partnership intends to carry out the activities
described in subparagraph (A);
(ii) an assurance that
funds made available under the grant shall be used to supplement, and not
supplant, other funds used by the entity or organization to carry out programs,
activities, or services described in subparagraph (A) or (B); and
(iii) such other
information as the Secretary may require.
(D)
General rules
governing use of funds
The rules of section 404, other than
subsection (b) of that section, shall not apply to a grant made under this
paragraph.
(E)
Definitions
In
this paragraph:
(i)
Domestic
violence
The term domestic violence has the meaning
given that term in section 402(a)(7)(B).
(ii)
Healthy family
partnership
The term healthy family partnership
means a partnership between—
(I) an entity
receiving funds under a grant made under paragraph (2) to promote healthy
marriage or responsible fatherhood; and
(II) an organization
with demonstrated expertise working with survivors of domestic violence.
(F)
Appropriation
Out
of any money in the Treasury of the United States not otherwise appropriated,
there are appropriated for each of fiscal years 2014 through 2018, $25,000,000
for purposes of awarding grants to healthy family partnerships under this
paragraph.
.
109.
Procedures to
address domestic violence
(a)
In
general
Section 403(a)(2) of the Social Security Act (42 U.S.C.
603(a)(2)) is amended—
(1) by redesignating
subparagraphs (D) and (E) as subparagraphs (F) and (G), respectively;
and
(2) by inserting after
subparagraph (C) the following:
(D)
Requirements for
receipt of funds
An entity may not be awarded a grant under this
paragraph unless the entity, as a condition of receiving funds under such a
grant—
(i) identifies in its application for the grant
the domestic violence experts at the local, State, or national level with whom
the entity will consult in the development and implementation of the programs
and activities of the entity;
(ii) on award of the grant, and in consultation
with such domestic violence experts, develops a written protocol which
describes—
(I) how the entity
will identify instances or risks of domestic violence;
(II) the procedures
for responding to such instances or risk, including making service referrals
and providing protections and appropriate assistance for identified individuals
and families;
(III) how
confidentiality issues will be addressed; and
(IV) the domestic
violence training that will be provided to ensure effective and consistent
implementation of the protocol; and
(iii) in an annual
report to the Secretary, includes a description of the domestic violence
protocols, and a description of any implementation issues identified with
respect to domestic violence and how the issues were addressed.
(E)
Domestic
violence defined
In this paragraph, the term domestic
violence has the meaning given that term in section
402(a)(7)(B).
.
(b)
Conforming
amendments
Section 403(a)(2) of such Act (42 U.S.C. 603(a)(2)),
as amended by section 103(d) of this Act and subsection (a)(1) of this section,
is amended—
(1) in subparagraph
(A)(i)—
(A) by striking
and (E) and inserting (D), and (G); and
(B) by striking
(D) and inserting (F); and
(2) in subparagraphs
(B)(i) and (C)(i), by striking (D) each place it appears and
inserting (F).
II
Revenue
provision
201.
Increase in credit
percentage under earned income tax credit for eligible individuals with no
qualifying children
(a)
In
general
The row in the table
in subparagraph (A) of section 32(b)(1) of the Internal Revenue Code of 1986
relating to no qualifying children is amended to read as follows:
No qualifying
children207.65
.
(b)
Effective
date
The amendment made by subsection (a) shall apply to taxable
years beginning after December 31, 2013.