[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2979 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2979

  To amend title IV of the Social Security Act to ensure funding for 
  grants to promote responsible fatherhood and strengthen low-income 
                   families, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 19, 2009

 Mr. Davis of Illinois (for himself, Mr. Meeks of New York, Mr. Watt, 
 Mr. Fattah, Mr. Cleaver, Mrs. Christensen, Mr. Davis of Alabama, Ms. 
   Lee of California, Ms. Jackson-Lee of Texas, Ms. Corrine Brown of 
   Florida, Ms. Richardson, Ms. Eddie Bernice Johnson of Texas, Ms. 
   Kilpatrick of Michigan, Mr. Cummings, Ms. Waters, Mr. Rangel, Mr. 
  Payne, Mr. Johnson of Georgia, Mr. Clay, Mr. Al Green of Texas, Mr. 
Towns, Mr. Scott of Virginia, Mr. Rush, Mr. Butterfield, Mr. Bishop of 
    Georgia, Ms. Moore of Wisconsin, Mr. Carson of Indiana, and Mr. 
   Thompson of Mississippi) introduced the following bill; which was 
  referred to the Committee on Ways and Means, and in addition to the 
      Committees on Education and Labor, 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.

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

SECTION 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 2009''.
    (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 PROVISIONS

Sec. 201. Increase in credit percentage under earned income tax credit 
                            for eligible individuals with no qualifying 
                            children.
Sec. 202. Broker reporting of customer's basis in securities 
                            transactions.
Sec. 203. Modification of effective date of leasing provisions of the 
                            American Jobs Creation Act of 2004.
Sec. 204. Clarification of economic substance doctrine.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The most important factor in a child's upbringing is 
        whether the child is brought up in a loving, healthy, 
        supportive environment.
            (2) Children who grow up with two parents are, on average, 
        more likely than their peers in single-parent homes to finish 
        high school and be economically self-sufficient.
            (3) Father-child interaction, like mother-child 
        interaction, has been shown to promote the positive physical, 
        social, emotional, and mental development of children.
            (4) Children typically live without both parents when their 
        parents are divorced or did not marry. More than \1/3\ of all 
        first marriages end in divorce, and 60 percent of divorcing 
        couples have children. More than \1/3\ of all births are to 
        unmarried women.
            (5) More than 1 in 4 families with children have only 1 
        parent present, and more than 1 in 3 children live absent their 
        biological father.
            (6) 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.
            (7) An estimated 25 percent of the children who live in 
        households without their father have not seen their fathers in 
        at least 1 year.
            (8) 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.
            (9) Single-parent families are 5 times as likely to be poor 
        as married-couple families.
            (10) 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.
            (11) High rates of unemployment and low wages are primary 
        reasons why parents do not marry and why 2-parent families 
        break up.
            (12) Domestic violence is also a significant problem 
        leading to the nonformation or breakup of 2-parent families.
            (13) 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.
            (14) Over \1/2\ 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.
            (15) 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.
            (16) 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''.
            (17) 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 the amount and type 
        of TANF assistance.
            (18) Programs that increase employment opportunity and 
        reduce barriers by increasing employment opportunity and 
        reducing recidivism will benefit children and families.
            (19) 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.
            (20) 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.
            (21) 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.
            (22) 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.
            (23) 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.
            (24) 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.
            (25) 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.
            (26) 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.
            (27) 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.
            (28) 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.
            (29) The promotion of marriage and responsible parenthood 
        should not denigrate 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.

TITLE I--PROMOTING RESPONSIBLE FATHERHOOD AND STRENGTHENING LOW-INCOME 
                                FAMILIES

SEC. 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, 2012.
    (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 2011 
through 2015, $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).

SEC. 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.--A State that 
                        receives a grant under this paragraph (or a 
                        subgrantee of such State) (referred to in this 
                        paragraph as the ``program operator'') 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 vocational education school.--The 
                        term ``area vocational 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, 2007.
    (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 
        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 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 among the 
                different systems or programs in which such adults are 
                involved, including the criminal justice system, the 
                State programs funded under each part of title IV of 
                the Social Security Act (42 U.S.C. 601 et seq.) 
                (including programs and activities funded under section 
                403(a)(2) of the Social Security Act (42 U.S.C. 
                603(a)(2)), educational assistance and student aid 
                programs, and job training or employment programs, 
                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 2011 through 2015; and
            (2) for programs administered by the Secretary of Labor 
        under subsection (b), $35,000,000 for each of fiscal years 2011 
        through 2015.

SEC. 103. HEALTHY MARRIAGE PROMOTION AND RESPONSIBLE FATHERHOOD 
              PROGRAMS.

    (a) Ensuring Funding for Responsible Fatherhood Programs.--Section 
403(a)(2)(C) of the Social Security Act (42 U.S.C. 603(a)(2)(C)) is 
amended--
            (1) in the subparagraph heading, by striking ``Limitation 
        on use of'' and inserting ``Requirement to use certain''; and
            (2) in clause (i), by striking ``may not award more than 
        $50,000,000'' and inserting ``shall award at least \1/2\ of the 
        amounts''.
    (b) 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:
            ``(12) 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:
            ``(16) 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)(12) 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.''.
    (c) 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''.
    (d) Reauthorization.--Section 403(a)(2)(D) of such Act (42 U.S.C. 
603(a)(2)(D)) is amended by striking ``2006 through 2010'' and 
inserting ``2011 through 2015''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2010.

SEC. 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 2009 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)).

SEC. 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 
                (32);
                    (B) by striking the period at the end of paragraph 
                (33) and inserting a semicolon; and
                    (C) by inserting after paragraph (33) the 
                following:
            ``(34) 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(34) of 
        the Social Security Act (42 U.S.C. 654(34)), 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, 2009.
            (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.

SEC. 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 104(a)(1) of 
                        this Act, is amended by inserting after 
                        paragraph (34) the following:
            ``(35) 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) and 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)) is amended by adding at the 
end the following new paragraph:
            ``(12) 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, 2012, 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, 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 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, 2009.

SEC. 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 for paid child support under 
                subsection (d)(3).
            ``(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 2009;''.
    (d) Effective Date.--
            (1) In general.--This section and the amendments made by 
        this section take effect on October 1, 2009.
            (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, 2009.

SEC. 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 2011 through 2015, $25,000,000 for purposes of 
                awarding grants to healthy family partnerships under 
                this paragraph.''.

SEC. 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 subparagraph (D) as subparagraph (F); 
        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 ``(B) and (C)'' and inserting 
                ``(B), (C), and (D)''; and
                    (B) by striking ``subparagraph (D)'' and inserting 
                ``subparagraph (F)'';
            (2) in subparagraphs (B)(i) and (C)(i), by striking ``(D)'' 
        each place it appears and inserting ``(F)''; and
            (3) in subparagraph (F) (as so redesignated by subsection 
        (a)(1) of this section), by striking ``$150,000,000 for each of 
        fiscal years 2011 through 2015'' and inserting ``$150,000,000 
        for each of fiscal years 2011 and 2012 and $200,000,000 for 
        each of fiscal years 2013 through 2015''.

                      TITLE II--REVENUE PROVISIONS

SEC. 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 children......................           20      7.65''.
------------------------------------------------------------------------

    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to taxable years beginning after December 31, 2009.

SEC. 202. BROKER REPORTING OF CUSTOMER'S BASIS IN SECURITIES 
              TRANSACTIONS.

    (a) In General.--Section 6045 of the Internal Revenue Code of 1986 
(relating to returns of brokers) is amended to read as follows:
    ``(g) Additional Information Required in the Case of Securities 
Transactions.--
            ``(1) In general.--If a broker is otherwise required to 
        make a return under subsection (a) with respect to any 
        applicable security, the broker shall include in such return 
        the information described in paragraph (2).
            ``(2) Additional information required.--
                    ``(A) In general.--The information required under 
                paragraph (1) to be shown on a return with respect to 
                an applicable security of a customer shall include for 
                each reported applicable security the customer's 
                adjusted basis in such security.
                    ``(B) Exemption from requirement.--The Secretary 
                shall issue such regulations or guidance as necessary 
                concerning the application of the requirement under 
                subparagraph (A) in cases in which a broker in making a 
                return does not have sufficient information to meet 
                such requirement with respect to the reported 
                applicable security. Such regulations or guidance may--
                            ``(i) require such other information 
                        related to such adjusted basis as the Secretary 
                        may prescribe, and
                            ``(ii) exempt classes of cases in which the 
                        broker does not have sufficient information to 
                        meet either the requirement under subparagraph 
                        (A) or the requirement under clause (i).
            ``(3) Information transfers.--To the extent provided in 
        regulations, there shall be such exchanges of information 
        between brokers as such regulations may require for purposes of 
        enabling such brokers to meet the requirements of this 
        subsection.
            ``(4) Definitions.--For purposes of this subsection, the 
        term `applicable security' means any--
                    ``(A) security described in subparagraph (A) or (C) 
                of section 475(c)(2),
                    ``(B) interest in a regulated investment company 
                (as defined in section 851), or
                    ``(C) other financial instrument designated in 
                regulations prescribed by the Secretary.''.
    (b) Conforming Amendment.--Section 6045(h)(4) of such Code is 
amended by inserting ``(as in effect on the date of the enactment of 
the Julia Carson Responsible Fatherhood and Healthy Families Act of 
2009)'' after ``subsection (g)(3)''.
    (c) Effective Date.--The amendment made by this section shall apply 
to returns the due date for which (determined without regard to 
extensions) is after December 31, 2009, with respect to securities 
acquired after December 31, 2008.

SEC. 203. MODIFICATION OF EFFECTIVE DATE OF LEASING PROVISIONS OF THE 
              AMERICAN JOBS CREATION ACT OF 2004.

    (a) Leases to Foreign Entities.--Section 849(b) of the American 
Jobs Creation Act of 2004 is amended by adding at the end the following 
new paragraph:
            ``(5) Leases to foreign entities.--In the case of tax-
        exempt use property leased to a tax-exempt entity which is a 
        foreign person or entity, the amendments made by this part 
        shall apply to taxable years beginning after December 31, 2006, 
        with respect to leases entered into on or before March 12, 
        2004.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect as if included in the enactment of the American Jobs Creation 
Act of 2004.

SEC. 204. CLARIFICATION OF ECONOMIC SUBSTANCE DOCTRINE.

    (a) In General.--Section 7701 of the Internal Revenue Code of 1986 
is amended by redesignating subsection (o) as subsection (p) and by 
inserting after subsection (n) the following new subsection:
    ``(o) Clarification of Economic Substance Doctrine; etc.--
            ``(1) General rules.--
                    ``(A) In general.--In any case in which a court 
                determines that the economic substance doctrine is 
                relevant for purposes of this title to a transaction 
                (or series of transactions), such transaction (or 
                series of transactions) shall have economic substance 
                only if the requirements of this paragraph are met.
                    ``(B) Definition of economic substance.--For 
                purposes of subparagraph (A)--
                            ``(i) In general.--A transaction has 
                        economic substance only if--
                                    ``(I) the transaction changes in a 
                                meaningful way (apart from Federal tax 
                                effects) the taxpayer's economic 
                                position, and
                                    ``(II) the taxpayer has a 
                                substantial nontax purpose for entering 
                                into such transaction and the 
                                transaction is a reasonable means of 
                                accomplishing such purpose.
                        In applying subclause (II), a purpose of 
                        achieving a financial accounting benefit shall 
                        not be taken into account in determining 
                        whether a transaction has a substantial nontax 
                        purpose if the origin of such financial 
                        accounting benefit is a reduction of income 
                        tax.
                            ``(ii) Special rule where taxpayer relies 
                        on profit potential.--A transaction shall not 
                        be treated as having economic substance by 
                        reason of having a potential for profit 
                        unless--
                                    ``(I) the present value of the 
                                reasonably expected pre-tax profit from 
                                the transaction is substantial in 
                                relation to the present value of the 
                                expected net tax benefits that would be 
                                allowed if the transaction were 
                                respected, and
                                    ``(II) the reasonably expected pre-
                                tax profit from the transaction exceeds 
                                a risk-free rate of return.
                    ``(C) Treatment of fees and foreign taxes.--Fees 
                and other transaction expenses and foreign taxes shall 
                be taken into account as expenses in determining pre-
                tax profit under subparagraph (B)(ii).
            ``(2) Special rules for transactions with tax-indifferent 
        parties.--
                    ``(A) Special rules for financing transactions.--
                The form of a transaction which is in substance the 
                borrowing of money or the acquisition of financial 
                capital directly or indirectly from a tax-indifferent 
                party shall not be respected if the present value of 
                the deductions to be claimed with respect to the 
                transaction is substantially in excess of the present 
                value of the anticipated economic returns of the person 
                lending the money or providing the financial capital. A 
                public offering shall be treated as a borrowing, or an 
                acquisition of financial capital, from a tax-
                indifferent party if it is reasonably expected that at 
                least 50 percent of the offering will be placed with 
                tax-indifferent parties.
                    ``(B) Artificial income shifting and basis 
                adjustments.--The form of a transaction with a tax-
                indifferent party shall not be respected if--
                            ``(i) it results in an allocation of income 
                        or gain to the tax-indifferent party in excess 
                        of such party's economic income or gain, or
                            ``(ii) it results in a basis adjustment or 
                        shifting of basis on account of overstating the 
                        income or gain of the tax-indifferent party.
            ``(3) Definitions and special rules.--For purposes of this 
        subsection--
                    ``(A) Economic substance doctrine.--The term 
                `economic substance doctrine' means the common law 
                doctrine under which tax benefits under subtitle A with 
                respect to a transaction are not allowable if the 
                transaction does not have economic substance or lacks a 
                business purpose.
                    ``(B) Tax-indifferent party.--The term `tax-
                indifferent party' means any person or entity not 
                subject to tax imposed by subtitle A. A person shall be 
                treated as a tax-indifferent party with respect to a 
                transaction if the items taken into account with 
                respect to the transaction have no substantial impact 
                on such person's liability under subtitle A.
                    ``(C) Exception for personal transactions of 
                individuals.--In the case of an individual, this 
                subsection shall apply only to transactions entered 
                into in connection with a trade or business or an 
                activity engaged in for the production of income.
                    ``(D) Treatment of lessors.--In applying paragraph 
                (1)(B)(ii) to the lessor of tangible property subject 
                to a lease--
                            ``(i) the expected net tax benefits with 
                        respect to the leased property shall not 
                        include the benefits of--
                                    ``(I) depreciation,
                                    ``(II) any tax credit, or
                                    ``(III) any other deduction as 
                                provided in guidance by the Secretary, 
                                and
                            ``(ii) subclause (II) of paragraph 
                        (1)(B)(ii) shall be disregarded in determining 
                        whether any of such benefits are allowable.
            ``(4) Other common law doctrines not affected.--Except as 
        specifically provided in this subsection, the provisions of 
        this subsection shall not be construed as altering or 
        supplanting any other rule of law, and the requirements of this 
        subsection shall be construed as being in addition to any such 
        other rule of law.
            ``(5) Regulations.--The Secretary shall prescribe such 
        regulations as may be necessary or appropriate to carry out the 
        purposes of this subsection. Such regulations may include 
        exemptions from the application of this subsection.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to transactions entered into after the date of the enactment of 
this Act.
                                 <all>