[Congressional Record Volume 156, Number 31 (Friday, March 5, 2010)]
[Senate]
[Pages S1240-S1241]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MURRAY AMENDMENT NO. 3356, AS FURTHER MODIFIED
Mr. REID. I ask unanimous consent, notwithstanding the pendency of
H.R. 4213, that the Murray amendment No. 3356 be further modified with
the changes at the desk.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment, as further modified, is as follows:
At the end of subtitle C of title II, insert the following:
SEC. __. 6-MONTH EXTENSION OF THE EMERGENCY CONTINGENCY FUND
FOR STATE TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES PROGRAMS.
(a) In General.--Section 403(c) of the Social Security Act
(42 U.S.C. 603(c)) is amended--
(1) in paragraph (2)(A), by inserting ``, and for the first
6 months of fiscal year 2011, $1,300,000,000,'' before ``for
payment'';
(2) in paragraph (2)(B)--
(A) by inserting ``for fiscal year 2009'' after ``under
subparagraph (A)''; and
(B) by inserting before the period the following: ``, and
may be used to make payments to a State during fiscal year
2011 with respect to expenditures incurred by such State
during fiscal year 2009 or 2010. The amounts appropriated to
the Emergency Fund under subparagraph (A) for the first 6
months of fiscal year 2011 shall be used to make grants to
States during such months in accordance with the requirements
of paragraph (3), and may be used to make payments to a State
during the succeeding months of fiscal year 2011 and during
fiscal year 2012 with respect to expenditures incurred by
such State during the first 6 months of fiscal year 2011'';
(3) by striking paragraph (2)(C) and inserting the
following:
``(C) Limitations.--
``(i) In general.--In no case may the Secretary make a
grant from the Emergency Fund for a fiscal year after fiscal
year 2012.
``(ii) Reservation of funds.--Of the amounts appropriated
to the Emergency Fund under subparagraph (A) for the first 6
months of fiscal year 2011, $500,000 shall be placed in
reserve for use in fiscal year 2012. Such amounts shall be
used to award grants for any expenditures incurred by States
after March 31, 2011.'';
(4) in clause (i) of each of subparagraphs (A), (B), and
(C) of paragraph (3), by striking ``year 2009 or 2010'' and
inserting ``years 2009, 2010, or the first 6 months of fiscal
year 2011'';
(5) in paragraph (3)--
(A) by adding at the end of subparagraph (C) the following
new clause:
``(iv) Subsidized employment for needy families.--An
expenditure for subsidized employment shall be taken into
account under clause (ii) only if such expenditure is used to
subsidize employment for an adult or minor child head of
household who is a member of a needy family (without regard
to whether such family is receiving assistance under the
State program funded under this part).''; and
(B) by adding at the end the following new subparagraph:
``(D) Grant related to increased expenditures for
employment services.--
``(i) In general.--For each of the first 2 calendar
quarters in fiscal year 2011, the Secretary shall make a
grant from the Emergency Fund to each State that--
``(I) requests a grant under this subparagraph for the
quarter; and
``(II) meets the requirement of clause (ii) for the
quarter.
``(ii) Employment services expenditure requirement.--A
State meets the requirement of this clause for a quarter if
the total expenditures of the State for employment services
in the quarter, whether under the State program funded under
this part or as
[[Page S1241]]
qualified State expenditures, exceeds the total such
expenditures of the State in the corresponding quarter in the
emergency fund base year of the State.
``(iii) Amount of grant.--Subject to paragraph (5), the
amount of the grant to be made to a State under this
subparagraph for a quarter shall be an amount equal to 80
percent of the excess described in clause (ii).'';
(6) in paragraph (4), by striking ``and subsidized
employment'' and inserting ``subsidized employment, and
employment services'';
(7) in paragraph (5)--
(A) in the paragraph heading, by inserting ``on payments;
adjustment authority'' after ``Limitation'';
(B) by striking ``The total amount'' and inserting the
following:
``(A) In general.--The total amount'';
(C) by inserting after ``grant'' the following: ``The total
amount payable to a single State under subsection (b) and
this subsection for the first 6 months of fiscal year 2011
shall not exceed 15 percent of the annual State family
assistance grant.''; and
(D) by adding at the end the following:
``(B) Adjustment authority.--The Secretary may issue a
Program Instruction without regard to the requirements of
section 553 of title 5, United States Code, specifying
priority criteria for awarding grants to States for the first
6 months of fiscal year 2011 or adjusting the percentage
limitation applicable under subparagraph (A) with respect to
the total amount payable to a single State for such months,
if the Secretary determines that the Emergency Fund is at
risk of being depleted prior to March 31, 2011, or the
Secretary determines that funds are available to accommodate
additional State requests.''; and
(8) in paragraph (9)--
(A) in subparagraph (B)(i), by striking ``or 2008'' and
inserting ``, 2008, or 2009'';
(B) by adding at the end of subparagraph (B)(ii) the
following:
``(IV) The total expenditures of the State for employment
services, whether under the State program funded under this
part or as qualified State expenditures.''; and
(C) by adding at the end the following:
``(D) Employment services.--The term `employment services'
means services designed to help an individual begin, remain,
or advance in employment, as defined in program guidance
issued by the Secretary (without regard to section 553 of
title 5, United States Code).''.
(b) Conforming Amendments.--Section 2101 of division B of
the American Recovery and Reinvestment Act of 2009 (Public
Law 111-5) is amended--
(1) in subsection (a)(2)--
(A) by striking ``2010'' and inserting ``2011''; and
(B) by striking all that follows ``repealed'' and inserting
a period; and
(2) in subsection (d)(1), by striking ``2010'' and
inserting ``2011''.
(c) Program Guidance.--The Secretary of Health and Human
Services shall issue program guidance, without regard to the
requirements of section 553 of title 5, United States Code,
which ensures that the funds provided under the amendments
made by this section for subsidized employment do not support
any subsidized employment position the annual salary of which
is greater than the median annual income for all
participating jurisdictions.
SEC. __. TRAINING AND EMPLOYMENT SERVICES.
(a) Additional Amount.--There is appropriated for fiscal
year 2010, for an additional amount for ``training and
employment services'' under the heading ``Employment and
Training Administration'' under the heading ``DEPARTMENT OF
LABOR'' for activities under the Workforce Investment Act of
1998 (referred to in this section as the ``WIA''),
$1,300,000,000. That amount is appropriated out of any money
in the Treasury not otherwise appropriated. The amount shall
be available for obligation for the period beginning on the
date of enactment of this Act.
(b) Activities.--Except as otherwise provided in subsection
(c), of the amount made available under subsection (a),
$1,300,000,000 shall be available for grants to States for
youth activities, including summer employment for youth,
which funds shall remain available for obligation through
September 30, 2010, except that--
(1) no portion of such funds shall be reserved to carry out
section 127(b)(1)(A) of the WIA;
(2) for purposes of section 127(b)(1)(C)(iv) of the WIA,
funds available for youth activities shall be allotted as if
the total amount available for youth activities for fiscal
year 2010 does not exceed $1,000,000,000;
(3) with respect to the youth activities provided with such
funds, section 101(13)(A) of the WIA shall be applied by
substituting ``age 24'' for ``age 21''; and
(4) the work readiness aspect of the performance indicator
described in section 136(b)(2)(A)(ii)(I) of the WIA shall be
the only measure of performance used to assess the
effectiveness of summer employment for youth provided with
such funds.
(c) Administration; Management; Oversight.--
(1) In general.--An amount that is not more than 1 percent
of the funds made available to the Department of Labor under
subsection (a) may be used for the Federal administration,
management, and oversight of the programs, activities, and
grants, funded under subsection (a), including the evaluation
of the use of such funds.
(2) Period for obligation.--Funds designated for the
purposes of paragraph (1), together with the funds described
in section 801(b) of Division A of the American Recovery and
Reinvestment Act of 2009, and the funds described in the
matter under the heading ``salaries and expenses (including
transfer of funds)'', in the matter under the heading
``Departmental Management'' in title VIII of that division,
shall be available for obligation through September 30, 2012.
SEC. __. INTELLIGENT ASSIGNMENT IN ENROLLMENT AND RE-
ASSIGNMENT OF CERTAIN INDIVIDUALS.
(a) In General.--Section 1860D-1(b)(1) of the Social
Security Act (42 U.S.C. 1395w-101(b)(1)) is amended--
(1) in the second sentence of subparagraph (C), by
inserting ``, subject to subparagraph (D),'' before ``on a
random basis''; and
(2) by adding at the end the following new subparagraph:
``(D) Intelligent assignment.--In the case of any auto-
enrollment under subparagraph (C) or any re-assignment, no
part D eligible individual described in such subparagraph
shall be enrolled in or re-assigned to a prescription drug
plan which does not meet both of the following requirements:
``(i) Low cost.--The total cost under this title of
providing prescription drug coverage under the plan is among
the lowest 25th percentile of prescription drug plans under
this part in the State.
``(ii) Meets beneficiary needs.--The plan reasonably meets
the needs of such part D eligible individuals as a group, as
identified by the Secretary using criteria established by the
Secretary.
In the case that no plan meets the requirements under clauses
(i) and (ii) or that the plans which meet such requirements
do not have sufficient capacity for the enrollment or re-
assignment of such part D eligible individual in or to the
plan, the part D eligible individual shall be enrolled in or
re-assigned to a prescription drug plan under the enrollment
process under subparagraph (C) (as in existence before the
date of the enactment of this subparagraph).''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect for enrollments and re-assignments effected
on or after January 1, 2012.
SEC. __. ELIMINATION OF ADVANCE REFUNDABILITY OF EARNED
INCOME CREDIT.
(a) In General.--Section 3507, subsection (g) of section
32, and paragraph (7) of section 6051(a) are repealed.
(b) Conforming Amendments.--
(1) Section 6012(a) is amended by striking paragraph (8)
and by redesignating paragraph (9) as paragraph (8).
(2) Section 6302 is amended by striking subsection (i).
(c) Effective Date.--The repeals and amendments made by
this section shall apply to taxable years beginning after
December 31, 2010.
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