*
S.1932
Deficit Reduction Act of 2005 (Engrossed
Amendment as Agreed to by Senate)
_____
SEC. 7103. GRANTS FOR HEALTHY MARRIAGE
PROMOTION AND RESPONSIBLE FATHERHOOD.
(a) Healthy Marriage and Family Funds-
Section 403(a)(2) (42 U.S.C. 603(a)(2))
is amended to read as follows:
`(2) HEALTHY MARRIAGE PROMOTION AND
RESPONSIBLE FATHERHOOD GRANTS-
`(A) IN GENERAL-
`(i) USE OF FUNDS- Subject to subparagraphs
(B) and (C), the Secretary may use
the funds made available under subparagraph
(D) for the purpose of conducting
and supporting research and demonstration
projects by public or private entities,
and providing technical assistance
to States, Indian tribes and tribal
organizations, and such other entities
as the Secretary may specify that
are receiving a grant under another
provision of this part.
`(ii) LIMITATIONS- The Secretary may
not award funds made available under
this paragraph on a noncompetitive
basis, and may not provide any such
funds to an entity for the purpose
of carrying out healthy marriage promotion
activities or for the purpose of carrying
out activities promoting responsible
fatherhood unless the entity has submitted
to the Secretary an application which--
`(I) describes--
`(aa) how the programs or activities
proposed in the application will address,
as appropriate, issues of domestic
violence; and
`(bb) what the applicant will do,
to the extent relevant, to ensure
that participation in the programs
or activities is voluntary, and to
inform potential participants that
their participation is voluntary;
and
`(II) contains a commitment by the
entity--
`(aa) to not use the funds for any
other purpose; and
`(bb) to consult with experts in domestic
violence or relevant community domestic
violence coalitions in developing
the programs and activities.
`(iii) HEALTHY MARRIAGE PROMOTION
ACTIVITIES- In clause (ii), the term
`healthy marriage promotion activities'
means the following:
`(I) Public advertising campaigns
on the value of marriage and the skills
needed to increase marital stability
and health.
`(II) Education in high schools on
the value of marriage, relationship
skills, and budgeting.
`(III) Marriage education, marriage
skills, and relationship skills programs,
that may include parenting skills,
financial management, conflict resolution,
and job and career advancement, for
non-married pregnant women and non-married
expectant fathers.
`(IV) Pre-marital education and marriage
skills training for engaged couples
and for couples or individuals interested
in marriage.
`(V) Marriage enhancement and marriage
skills training programs for married
couples.
`(VI) Divorce reduction programs that
teach relationship skills.
`(VII) Marriage mentoring programs
which use married couples as role
models and mentors in at-risk communities.
`(VIII) Programs to reduce the disincentives
to marriage in means-tested aid programs,
if offered in conjunction with any
activity described in this subparagraph.
`(B) LIMITATION ON USE OF FUNDS FOR
DEMONSTRATION PROJECTS FOR COORDINATION
OF PROVISION OF CHILD WELFARE AND
TANF SERVICES TO TRIBAL FAMILIES AT
RISK OF CHILD ABUSE OR NEGLECT-
`(i) IN GENERAL- Of the amounts made
available under subparagraph (D) for
a fiscal year, the Secretary may not
award more than $2,000,000 on a competitive
basis to fund demonstration projects
designed to test the effectiveness
of tribal governments or tribal consortia
in coordinating the provision to tribal
families at risk of child abuse or
neglect of child welfare services
and services under tribal programs
funded under this part.
`(ii) LIMITATION ON USE OF FUNDS-
A grant made pursuant to clause (i)
to such a project shall not be used
for any purpose other than--
`(I) to improve case management for
families eligible for assistance from
such a tribal program;
`(II) for supportive services and
assistance to tribal children in out-of-home
placements and the tribal families
caring for such children, including
families who adopt such children;
and
`(III) for prevention services and
assistance to tribal families at risk
of child abuse and neglect.
`(iii) REPORTS- The Secretary may
require a recipient of funds awarded
under this subparagraph to provide
the Secretary with such information
as the Secretary deems relevant to
enable the Secretary to facilitate
and oversee the administration of
any project for which funds are provided
under this subparagraph.
`(C) LIMITATION ON USE OF FUNDS FOR
ACTIVITIES PROMOTING RESPONSIBLE FATHERHOOD-
`(i) IN GENERAL- Of the amounts made
available under subparagraph (D) for
a fiscal year, the Secretary may not
award more than $50,000,000 on a competitive
basis to States, territories, Indian
tribes and tribal organizations, and
public and nonprofit community entities,
including religious organizations,
for activities promoting responsible
fatherhood.
`(ii) ACTIVITIES PROMOTING RESPONSIBLE
FATHERHOOD- In this paragraph, the
term `activities promoting responsible
fatherhood' means the following:
`(I) Activities to promote marriage
or sustain marriage through activities
such as counseling, mentoring, disseminating
information about the benefits of
marriage and 2-parent involvement
for children, enhancing relationship
skills, education regarding how to
control aggressive behavior, disseminating
information on the causes of domestic
violence and child abuse, marriage
preparation programs, premarital counseling,
marital inventories, skills-based
marriage education, financial planning
seminars, including improving a family's
ability to effectively manage family
business affairs by means such as
education, counseling, or mentoring
on matters related to family finances,
including household management, budgeting,
banking, and handling of financial
transactions and home maintenance,
and divorce education and reduction
programs, including mediation and
counseling.
`(II) Activities to promote responsible
parenting through activities such
as counseling, mentoring, and mediation,
disseminating information about good
parenting practices, skills-based
parenting education, encouraging child
support payments, and other methods.
`(III) Activities to foster economic
stability by helping fathers improve
their economic status by providing
activities such as work first services,
job search, job training, subsidized
employment, job retention, job enhancement,
and encouraging education, including
career-advancing education, dissemination
of employment materials, coordination
with existing employment services
such as welfare-to-work programs,
referrals to local employment training
initiatives, and other methods.
`(IV) Activities to promote responsible
fatherhood that are conducted through
a contract with a nationally recognized,
nonprofit fatherhood promotion organization,
such as the development, promotion,
and distribution of a media campaign
to encourage the appropriate involvement
of parents in the life of any child
and specifically the issue of responsible
fatherhood, and the development of
a national clearinghouse to assist
States and communities in efforts
to promote and support marriage and
responsible fatherhood.
`(D) APPROPRIATION- Out of any money
in the Treasury of the United States
not otherwise appropriated, there
are appropriated $150,000,000 for
each of fiscal years 2006 through
2010, for expenditure in accordance
with this paragraph.'.
(b) Counting of Spending on Certain
Pro-Family Activities- Section 409(a)(7)(B)(i)
(42 U.S.C. 609(a)(7)(B)(i)) is amended
by adding at the end the following:
`(V) COUNTING OF SPENDING ON CERTAIN
PRO-FAMILY ACTIVITIES- The term `qualified
State expenditures' includes the total
expenditures by the State during the
fiscal year under all State programs
for a purpose described in
paragraph (3) or (4) of section 401(a).'.
Subtitle B--Child Care
SEC. 7201. ENTITLEMENT FUNDING.
Section 418(a)(3) (42 U.S.C. 618(a)(3))
is amended--
(1) by striking `and' at the end of
subparagraph (E);
(2) by striking the period at the
end of subparagraph (F) and inserting
a semicolon; and
(3) by adding at the end the following:
`(G) $2,917,000,000 for each of fiscal
years 2006 through 2010.'.
Subtitle C--Child Support
SEC. 7301. ASSIGNMENT AND DISTRIBUTION
OF CHILD SUPPORT.
(a) Modification of Rule Requiring
Assignment of Support Rights as a
Condition of Receiving TANF- Section
408(a)(3) (42 U.S.C. 608(a)(3)) is
amended to read as follows:
`(3) NO ASSISTANCE FOR FAMILIES NOT
ASSIGNING CERTAIN SUPPORT RIGHTS TO
THE STATE- A State to which a grant
is made under section 403 shall require,
as a condition of paying assistance
to a family under the State program
funded under this part, that a member
of the family assign to the State
any right the family member may have
(on behalf of the family member or
of any other person for whom the family
member has applied for or is receiving
such
assistance) to support from any other
person, not exceeding the total amount
of assistance so paid to the family,
which accrues during the period that
the family receives assistance under
the program.'.
(b) Increasing Child Support Payments
to Families and Simplifying Child
Support Distribution Rules-
(1) DISTRIBUTION RULES-
(A) IN GENERAL- Section 457(a) (42
U.S.C. 657(a)) is amended to read
as follows:
`(a) In General- Subject to subsections
(d) and (e), the amounts collected
on behalf of a family as support by
a State pursuant to a plan approved
under this part shall be distributed
as follows:
`(1) FAMILIES RECEIVING ASSISTANCE-
In the case of a family receiving
assistance from the State, the State
shall--
`(A) pay to the Federal Government
the Federal share of the amount collected,
subject to paragraph (3)(A);
`(B) retain, or pay to the family,
the State share of the amount collected,
subject to paragraph (3)(B); and
`(C) pay to the family any remaining
amount.
`(2) FAMILIES THAT FORMERLY RECEIVED
ASSISTANCE- In the case of a family
that formerly received assistance
from the State:
`(A) CURRENT SUPPORT- To the extent
that the amount collected does not
exceed the current support amount,
the State shall pay the amount to
the family.
`(B) ARREARAGES- Except as otherwise
provided in an election made under
section 454(34), to the extent that
the amount collected exceeds the current
support amount, the State--
`(i) shall first pay to the family
the excess amount, to the extent necessary
to satisfy support arrearages not
assigned pursuant to section 408(a)(3);
`(ii) if the amount collected exceeds
the amount required to be paid to
the family under clause (i), shall--
`(I) pay to the Federal Government
the Federal share of the excess amount
described in this clause, subject
to paragraph (3)(A); and
`(II) retain, or pay to the family,
the State share of the excess amount
described in this clause, subject
to paragraph (3)(B); and
`(iii) shall pay to the family any
remaining amount.
`(3) LIMITATIONS-
`(A) FEDERAL REIMBURSEMENTS- The total
of the amounts paid by the State to
the Federal Government under paragraphs
(1) and (2) of this subsection with
respect to a family shall not exceed
the Federal share of the amount assigned
with respect to the family pursuant
to section 408(a)(3).
`(B) STATE REIMBURSEMENTS- The total
of the amounts retained by the State
under paragraphs (1) and (2) of this
subsection with respect to a family
shall not exceed the State share of
the amount assigned with respect to
the family pursuant to section 408(a)(3).
`(4) FAMILIES THAT NEVER RECEIVED
ASSISTANCE- In the case of any other
family, the State shall distribute
to the family the portion of the amount
so collected that remains after withholding
any fee pursuant to section 454(6)(B)(ii).
`(5) FAMILIES UNDER CERTAIN AGREEMENTS-
Notwithstanding paragraphs (1) through
(3), in the case of an amount collected
for a family in accordance with a
cooperative agreement under section
454(33), the State shall distribute
the amount collected pursuant to the
terms of the agreement.'.
(B) STATE OPTION TO PASS THROUGH ADDITIONAL
SUPPORT WITH FEDERAL FINANCIAL PARTICIPATION
BEGINNING WITH FISCAL YEAR 2009-
(i) IN GENERAL- Section 457(a) (42
U.S.C. 657(a)) is amended by adding
at the end the following:
`(7) STATE OPTION TO PASS THROUGH
ADDITIONAL SUPPORT WITH FEDERAL FINANCIAL
PARTICIPATION-
`(A) FAMILIES THAT FORMERLY RECEIVED
ASSISTANCE- Notwithstanding paragraph
(2), a State shall not be required
to pay to the Federal Government the
Federal share of an amount collected
on behalf of a family that formerly
received assistance from the State
to the extent that the State pays
the amount to the family.
`(B) FAMILIES THAT CURRENTLY RECEIVE
ASSISTANCE-
`(i) IN GENERAL- Notwithstanding paragraph
(1), in the case of a family that
receives assistance from the State,
a State shall not be required to pay
to the Federal Government the Federal
share of the excepted portion (as
defined in clause (ii)) of any amount
collected on behalf of such family
during a month to the extent that--
`(I) the State pays the excepted portion
to the family; and
`(II) the excepted portion is disregarded
in determining the amount and type
of assistance provided to the family
under such program.
`(ii) EXCEPTED PORTION DEFINED- For
purposes of this subparagraph, the
term `excepted portion' means that
portion of the amount collected on
behalf of a family during a month
that does not exceed $100 per month,
or in the case of a family that includes
2 or more children, that does not
exceed an amount established by the
State that is not more than $200 per
month.'.
(ii) EFFECTIVE DATE- The amendment
made by clause (i) shall take effect
on October 1, 2008.
(iii) REDESIGNATION- Effective October
1, 2009, paragraph (7) of section
457(a) of the Social Security Act
(as added by clause (i)) is redesignated
as paragraph (6).
(C) STATE PLAN TO INCLUDE ELECTION
AS TO WHICH RULES TO APPLY IN DISTRIBUTING
CHILD SUPPORT ARREARAGES COLLECTED
ON BEHALF OF FAMILIES FORMERLY RECEIVING
ASSISTANCE- Section 454 (42 U.S.C.
654) is amended--
(i) by striking `and' at the end of
paragraph (32);
(ii) by striking the period at the
end of paragraph (33) and inserting
`; and'; and
(iii) by inserting after paragraph
(33) the following:
`(34) include an election by the State
to apply section 457(a)(2)(B) of this
Act or former section 457(a)(2)(B)
of this Act (as in effect for the
State immediately before the date
this paragraph first applies to the
State) to the distribution of the
amounts which are the subject of such
sections and, for so long as the State
elects to so apply such former section,
the amendments made by subsection
(b)(1) of section 7301 of the Deficit
Reduction Act of 2005 shall not apply
with respect to the State, notwithstanding
subsection (e) of such section 7301.'.
(2) CURRENT SUPPORT AMOUNT DEFINED-
Section 457(c) (42 U.S.C. 657(c))
is amended by adding at the end the
following:
`(5) CURRENT SUPPORT AMOUNT- The term
`current support amount' means, with
respect to amounts collected as support
on behalf of a family, the amount
designated as the monthly support
obligation of the noncustodial parent
in the order requiring the support
or calculated by the State based on
the order.'.
(c) State Option To Discontinue Older
Support Assignments- Section 457(b)
(42 U.S.C. 657(b)) is amended to read
as follows:
`(b) Continuation of Assignments-
`(1) STATE OPTION TO DISCONTINUE PRE-1997
SUPPORT ASSIGNMENTS-
`(A) IN GENERAL- Any rights to support
obligations assigned to a State as
a condition of receiving assistance
from the State under part A and in
effect on September 30, 1997 (or such
earlier date on or after August 22,
1996, as the State may choose), may
remain assigned after such date.
`(B) DISTRIBUTION OF AMOUNTS AFTER
ASSIGNMENT DISCONTINUATION- If a State
chooses to discontinue the assignment
of a support obligation described
in subparagraph (A), the State may
treat amounts collected pursuant to
the assignment as if the amounts had
never been assigned and may distribute
the amounts to the family in accordance
with subsection (a)(4).
`(2) STATE OPTION TO DISCONTINUE POST-1997
ASSIGNMENTS-
`(A) IN GENERAL- Any rights to support
obligations accruing before the date
on which a family first receives assistance
under part A that are assigned to
a State under that part and in effect
before the implementation date of
this section may remain assigned after
such date.
`(B) DISTRIBUTION OF AMOUNTS AFTER
ASSIGNMENT DISCONTINUATION- If a State
chooses to discontinue the assignment
of a support obligation described
in subparagraph (A), the State may
treat amounts collected pursuant to
the assignment as if the amounts had
never been assigned and may distribute
the amounts to the family in accordance
with subsection (a)(4).'.
(d) Conforming Amendments- Section
6402(c) of the Internal Revenue Code
of 1986 (relating to offset of past-due
support against overpayments) is amended--
(1) in the first sentence, by striking
`the Social Security Act.' and inserting
`of such Act.'; and
(2) by striking the third sentence
and inserting the following: `The
Secretary shall apply a reduction
under this subsection first to an
amount certified by the State as past
due support under section 464 of the
Social Security Act before any other
reductions allowed by law.'.
(e) Effective Date-
(1) IN GENERAL- Except as otherwise
provided in this section, the amendments
made by the preceding provisions of
this section shall take effect on
October 1, 2009, 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 such date, and without regard
to whether regulations to implement
the amendments (in the case of State
programs operated under such part
D) 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 the payments under parts A and
D), on and after such date as the
State may select that is not earlier
than October 1, 2008, and not later
than September 30, 2009.
(f) Use of Tax Refund Intercept Program
To Collect Past-Due Child Support
on Behalf of Children Who Are Not
Minors-
(1) IN GENERAL- Section 464 (42 U.S.C.
_____
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