[Congressional Record (Bound Edition), Volume 150 (2004), Part 5]
[Senate]
[Pages 5874-5911]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2956. Mr. GRAHAM of Florida (for himself, Mr. Chafee, Mr. Carper, 
Ms. Collins, Mr. Corzine, Mr. McCain, Mrs. Murray, Ms. Cantwell, Mrs. 
Clinton, Mr. Durbin, Mrs. Feinstein, Mr. Nelson of Florida, and Mr. 
Schumer) submitted an amendment intended to be proposed by him to the 
bill H.R. 4, to reauthorize and improve the program of block grants to 
States for temporary assistance for needy families, improve access to 
quality child care, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. OPTIONAL COVERAGE OF LEGAL IMMIGRANTS UNDER THE 
                   MEDICAID PROGRAM AND SCHIP.

       (a) Medicaid Program.--Section 1903(v) (42 U.S.C. 1396b(v)) 
     is amended--
       (1) in paragraph (1), by striking ``paragraph (2)'' and 
     inserting ``paragraphs (2) and (4)''; and
       (2) by adding at the end the following:
       ``(4)(A) Only during the period described in subparagraph 
     (C), a State may elect (in a plan amendment under this title) 
     to provide medical assistance under this title for aliens who 
     are lawfully residing in the United States (including 
     battered aliens described in section 431(c) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996) and who are otherwise eligible for such assistance, 
     within any of the following eligibility categories:
       ``(i) Pregnant women.--Women during pregnancy (and during 
     the 60-day period beginning on the last day of the 
     pregnancy).
       ``(ii) Children.--Children (as defined under such plan), 
     including optional targeted low-income children described in 
     section 1905(u)(2)(B).
       ``(B)(i) In the case of a State that has elected to provide 
     medical assistance to a category of aliens under subparagraph 
     (A), no debt shall accrue under an affidavit of support 
     against any sponsor of such an alien on the basis of 
     provision of assistance to such category and the cost of such 
     assistance shall not be considered as an unreimbursed cost.
       ``(ii) The provisions of sections 401(a), 402(b), 403, and 
     421 of the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 shall not apply to a State that 
     makes an election under subparagraph (A).
       ``(C) For purposes of subparagraph (A), the period 
     described in this subparagraph is the period that begins on 
     October 1, 2004, and ends on September 30, 2009.''.
       (b) Title XXI.--Section 2107(e)(1) (42 U.S.C. 1397gg(e)(1)) 
     is amended by adding at the end the following:
       ``(E) Section 1903(v)(4) (relating to optional coverage of 
     permanent resident alien children), but only if the State has 
     elected to apply such section to that category of children 
     under title XIX and only with respect to the period described 
     in subparagraph (C) of that section.''.
       (c) Extension of Conveyance/Passenger Customs User Fees.--
     Section 13031(j)(3)(A) of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended 
     to read as follows:
       ``(3)(A) Fees may not be charged under paragraphs (1) 
     through (8) of subsection (a) after September 30, 2009.''.
                                 ______
                                 
  SA 2957. Mr. LEVIN (for himself, Mr. Jeffords, Mr. Rockefeller, Ms. 
Stabenow, Mr. Durbin, Mr. Carper, and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill H.R. 4, to 
reauthorize and improve the program of block grants to States for 
temporary assistance for needy families, improve access to quality 
child care, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 217, between lines 9 and 10, insert the following:
       (g) Increase in Number of Months of Vocational Educational 
     Training.--Section 407(d)(8) (42 U.S.C. 607(d)(8)) is amended 
     by striking ``12'' and inserting ``24''.
                                 ______
                                 
  SA 2958. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill H.R. 4, to reauthorize and improve the program of 
block grants to States for temporary assistance for needy families, 
improve access to quality child care, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page 5875]]



     SEC. __. ENSURING SAFETY AND SELF-SUFFICIENCY FOR ALL TANF 
                   RECIPIENTS.

       (a) Addressing Domestic or Sexual Violence in the TANF 
     Program.--Section 402(a)(7) (42 U.S.C. 602(a)(7)) is amended 
     to read as follows:
       ``(7) Certifications regarding domestic or sexual 
     violence.--
       ``(A) General provisions.--A certification by the chief 
     executive officer of the State that the State has established 
     and is enforcing standards and procedures to ensure domestic 
     or sexual violence is comprehensively addressed, and a 
     written document outlining how the State will do the 
     following:
       ``(i) Address the needs of applicants or recipients or 
     their families who are or have been subjected to domestic or 
     sexual violence or are at risk of future such violence, 
     including how the State will--

       ``(I) have trained caseworkers identify, and, at the option 
     of the individual, assess individuals who are or have been 
     subjected to domestic or sexual violence or are at risk of 
     future such violence;
       ``(II) adequately inform each individual of eligibility and 
     program requirements, confidentiality provisions, domestic or 
     sexual violence services available within the community and 
     within the program funded under this part, good cause 
     exemptions modification and waiver of program requirements on 
     the basis of domestic or sexual violence, benefits 
     eligibility for immigrant victims of domestic or sexual 
     violence, and the procedures to obtain such modifications, 
     waivers, benefits, and services;
       ``(III) refer individuals who are or have been subjected to 
     domestic or sexual violence or are at risk of future such 
     violence to community-based domestic or sexual violence 
     programs or other supportive services, modify or waive 
     eligibility or program requirements or prohibitions to 
     address domestic or sexual violence barriers, and ensure such 
     individual's access to job training, vocational 
     rehabilitation, child care, and other employment-related 
     services as appropriate;

       ``(IV) implement procedures to maintain the privacy and 
     confidentiality of applicants and recipients identified as 
     being or having been subjected to domestic or sexual violence 
     and restrict the disclosure of any identifying information 
     obtained through any process or procedure implemented 
     pursuant to this paragraph absent the individual's written 
     consent or unless otherwise required to do so under law;
       ``(V) pursuant to a determination of good cause, waive, 
     without time limit, any Federal or State eligibility or 
     program requirement or prohibition for so long as necessary, 
     in every case in which domestic or sexual violence has been 
     verified for any individual or family receiving assistance 
     under this part and the requirement makes it more difficult 
     for the individual to address, escape or recover from the 
     violence, unfairly penalizes the individual, or makes the 
     individual or any child of the individual unsafe; and
       ``(VI) provide policies and procedures regarding 
     verification of past, present, or the risk of future domestic 
     or sexual violence that are flexible and not unduly 
     burdensome, including accepting any one of the following 
     forms of verification: documentation from police, court, 
     medical or social service agencies, domestic or sexual 
     violence counselors or organizations or others who have had 
     contact with the applicant or recipient, written statements 
     from third parties knowledgeable of the individual's 
     circumstances, and signed written statements from the 
     applicant or recipient.

       ``(ii) Coordinate or contract with State or tribal domestic 
     or sexual violence coalitions or domestic or sexual violence 
     programs in the development and implementation of standards, 
     procedures, training, and programs required under this part 
     to address domestic or sexual violence.
       ``(iii) Train caseworkers for recipients of assistance 
     under the State program funded under this part in--

       ``(I) the nature and dynamics of domestic or sexual 
     violence and the ways in which such violence may act to 
     obstruct the economic security or safety of the individual 
     and any child of the individual;
       ``(II) the standards, policies, and procedures implemented 
     pursuant to this part, including the individual's rights and 
     protections, such as notice and confidentiality;
       ``(III) how to screen for, and identify when, domestic or 
     sexual violence creates barriers to compliance, how to make 
     effective referrals for services, and how to modify 
     eligibility and program requirements and prohibitions to 
     address domestic or sexual violence barriers; and
       ``(IV) the process for determining good cause for 
     noncompliance with an eligibility or program requirement or 
     prohibition and granting waivers of such requirements.

       ``(iv) At State option, enter into contracts with or employ 
     qualified professionals for the provision of services in each 
     of the fields of domestic or sexual violence.
       ``(B) Definitions.--In this part:
       ``(i) Domestic or sexual violence.--The term `domestic or 
     sexual violence' has the meaning given the term `battered or 
     subjected to extreme cruelty' in section 408(a)(7)(C)(iii).
       ``(ii) Qualified professional.--The term `qualified 
     professional' includes a State or local organization with 
     recognized expertise in the dynamics of domestic or sexual 
     violence who has as one of its primary purposes to provide 
     services to victims of domestic or sexual violence, such as a 
     sexual assault crisis center or domestic or sexual violence 
     program, or an individual trained by such an organization.''.
       (b) Assessment.--Section 408(b) (42 U.S.C. 608(b)), as 
     amended by section 110(a)(2)(A), is amended--
       (1) in paragraph (1)(A), in the matter preceding clause 
     (i), by striking ``and employability'' and inserting 
     ``employability, and potential barriers, including domestic 
     or sexual violence, mental or physical health, learning 
     disability, substance abuse, English as a second language, 
     child care needs, insufficient housing, or transportation''; 
     and
       (2) in paragraph (2)(A)--
       (A) in clause (ii), by striking ``and'' at the end; and
       (B) by inserting after clause (iii), the following:
       ``(iv) documents the individual's receipt of adequate 
     notice of program requirements, confidentiality provisions, 
     assessment and program services, and waivers available to 
     individuals who have or may have been subjected to domestic 
     or sexual violence or are at risk for future such violence, 
     as well as the process to access such services or waivers; 
     and
       ``(v) may not require the individual to participate in 
     services to address domestic or sexual violence.''.
       (c) Review and Conciliation Process.--Section 408(a) (42 
     U.S.C. 608(a)) is amended by adding at the end the following:
       ``(12) Review and conciliation process for families 
     subjected to domestic or sexual violence.--
       ``(A) In general.--A State to which a grant is made under 
     section 403 shall not impose a sanction or penalty against an 
     individual under the State program funded under this part on 
     the basis of noncompliance by an individual or family with a 
     program requirement where domestic or sexual violence is a 
     significant contributing factor in the noncompliance.
       ``(B) Requirement.--Prior to imposing a sanction or penalty 
     against an individual under the State program funded under 
     this part, the State shall--
       ``(i) specifically consider whether the individual has been 
     or is being subjected to domestic or sexual violence; and
       ``(ii) if such violence is identified--

       ``(I) make a reasonable effort to modify or waive program 
     requirements or prohibitions; and
       ``(II) offer the individual referral to voluntary services 
     to address the violence.''.

       (d) State Option To Include Survivors of Domestic or Sexual 
     Violence in Work Participation Rates.--Section 407(c)(6) (42 
     U.S.C. 607(c)(6)), as amended by section 109(f), is amended 
     by adding at the end the following:
       ``(G) State Option To Include Survivors of Domestic or 
     Sexual Violence.--For purposes of determining monthly 
     participation rates under subsection (b)(1)(B)(i), a State 
     may deem an individual receiving services to address having 
     been or being subjected to domestic or sexual violence, or 
     receiving a waiver from program requirements under section 
     402(a)(7), as being engaged in work for the month.''.
                                 ______
                                 
  SA 2959. Mr. REID (for himself and Mrs. Murray) submitted an 
amendment intended to be proposed by him to the bill H.R. 4, to 
reauthorize and improve the program of block grants to States for 
temporary assistance for needy families, improve access to quality 
child care, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

                       TITLE __--BANNING ASBESTOS

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Ban Asbestos in America 
     Act of 2004''.

     SEC. __02. FINDINGS.

       Congress finds that--
       (1) the Administrator of the Environmental Protection 
     Agency has classified asbestos as a category A human 
     carcinogen, the highest cancer hazard classification for a 
     substance;
       (2) there is no known safe level of exposure to asbestos;
       (3)(A) in hearings before Congress in the early 1970s, the 
     example of asbestos was used to justify the need for 
     comprehensive legislation on toxic substances; and
       (B) in 1976, Congress passed the Toxic Substances Control 
     Act (15 U.S.C. 2601 et seq.);
       (4) in 1989, the Administrator promulgated final 
     regulations under title II of the Toxic Substances Control 
     Act (15 U.S.C. 2641 et seq.) to phase out asbestos in 
     consumer products by 1997;
       (5) in 1991, the United States Court of Appeals for the 5th 
     Circuit overturned portions of the regulations, and the 
     Government did not appeal the decision to the Supreme Court;
       (6) as a result, while new applications for asbestos were 
     banned, asbestos is still being

[[Page 5876]]

     used in some consumer and industrial products in the United 
     States;
       (7) the United States Geological Survey has determined that 
     in 2000, companies in the United States consumed 15,000 
     metric tons of chrysotile asbestos, of which approximately 62 
     percent was consumed in roofing products, 22 percent in 
     gaskets, 12 percent in friction products, and 4 percent in 
     other products;
       (8) available evidence suggests that--
       (A) imports of some types of asbestos-containing products 
     may be increasing; and
       (B) some of those products are imported from foreign 
     countries in which asbestos is poorly regulated;
       (9) many people in the United States incorrectly believe 
     that--
       (A) asbestos has been banned in the United States; and
       (B) there is no risk of exposure to asbestos through the 
     use of new commercial products;
       (10) the Department of Commerce estimates that in 2000, the 
     United States imported 51,483 metric tons of asbestos-cement 
     products;
       (11) banning asbestos from being used in or imported into 
     the United States will provide certainty to manufacturers, 
     builders, environmental remediation firms, workers, and 
     consumers that after a specific date, asbestos will not be 
     added to new construction and manufacturing materials used in 
     this country;
       (12) asbestos has been banned in Argentina, Australia, 
     Austria, Belgium, Chile, Croatia, the Czech Republic, 
     Denmark, Finland, France, Germany, Iceland, Ireland, Italy, 
     Latvia, Luxembourg, the Netherlands, Norway, Poland, Saudi 
     Arabia, the Slovak Republic, Spain, Sweden, Switzerland, and 
     the United Kingdom;
       (13) asbestos will be banned throughout the European Union 
     in 2005;
       (14) in 2000, the World Trade Organization upheld the right 
     of France to ban asbestos, with the United States Trade 
     Representative filing a brief in support of the right of 
     France to ban asbestos;
       (15) the 1999 brief by the United States Trade 
     Representative stated, ``In the view of the United States, 
     chrysotile asbestos is a toxic material that presents a 
     serious risk to human health.'';
       (16) people in the United States have been exposed to 
     harmful levels of asbestos as a contaminant of other 
     minerals;
       (17) in the town of Libby, Montana, workers and residents 
     have been exposed to dangerous levels of asbestos for 
     generations because of mining operations at the W.R. Grace 
     vermiculite mine located in that town;
       (18) the Agency for Toxic Substances and Disease Registry 
     found that over a 20-year period, ``mortality in Libby 
     resulting from asbestosis was approximately 40 to 80 times 
     higher than expected. Mesothelioma mortality was also 
     elevated.'';
       (19)(A) in response to this crisis, in January 2002, the 
     Governor of Montana requested that the Administrator of the 
     Environmental Protection Agency designate Libby as a 
     Superfund site; and
       (B) on October 23, 2002, the Administrator placed Libby on 
     the National Priorities List;
       (20)(A) vermiculite from Libby was shipped for processing 
     to 42 States; and
       (B) Federal agencies are investigating potential harmful 
     exposures to asbestos-contaminated vermiculite at sites 
     throughout the United States;
       (21) the Administrator has identified 14 sites that have 
     dangerous levels of asbestos-tainted vermiculite and require 
     cleanup efforts; and
       (22) although it is impracticable to eliminate exposure to 
     asbestos entirely because asbestos is a naturally occurring 
     mineral in the environment and occurs in several deposits 
     throughout the United States, Congress needs to do more to 
     protect the public from exposure to asbestos and Congress has 
     the power to prohibit the continued, intentional use of 
     asbestos in consumer products.

     SEC. __03. ASBESTOS-CONTAINING PRODUCTS.

       (a) In General.--Title II of the Toxic Substances Control 
     Act (15 U.S.C. 2641 et seq.) is amended--
       (1) by inserting before section 201 (15 U.S.C. 2641) the 
     following:

                  ``Subtitle A--General Provisions'';

     and
       (2) by adding at the end the following:

               ``Subtitle B--Asbestos-Containing Products

     ``SEC. 221. DEFINITIONS.

       ``In this subtitle:
       ``(1) Asbestos-containing product.--The term `asbestos-
     containing product' means any product (including any part) to 
     which asbestos is deliberately or knowingly added or in which 
     asbestos is deliberately or knowingly used in any 
     concentration.
       ``(2) Contaminant-asbestos product.--The term `contaminant-
     asbestos product' means any product that contains asbestos as 
     a contaminant of any mineral or other substance, in any 
     concentration.
       ``(3) Distribute in commerce.--
       ``(A) In general.--The term `distribute in commerce' has 
     the meaning given the term in section 3.
       ``(B) Exclusions.--The term `distribute in commerce' does 
     not include--
       ``(i) an action taken with respect to an asbestos-
     containing product in connection with the end use of the 
     asbestos-containing product by a person that is an end user; 
     or
       ``(ii) distribution of an asbestos-containing product by a 
     person solely for the purpose of disposal of the asbestos-
     containing product in compliance with applicable Federal, 
     State, and local requirements.
       ``(4) Durable fiber.--
       ``(A) In general.--The term `durable fiber' means a 
     silicate fiber that--
       ``(i) occurs naturally in the environment; and
       ``(ii) is similar to asbestos in--

       ``(I) resistance to dissolution;
       ``(II) leaching; and
       ``(III) other physical, chemical, or biological processes 
     expected from contact with lung cells and other cells and 
     fluids in the human body.

       ``(B) Inclusions.--The term `durable fiber' includes--
       ``(i) richterite;
       ``(ii) winchite;
       ``(iii) erionite; and
       ``(iv) nonasbestiform varieties of crocidolite, amosite, 
     anthophyllite, tremolite, and actinolite.
       ``(5) Fiber.--The term `fiber' means an acicular single 
     crystal or similarly elongated polycrystalline aggregate 
     particle with a length to width ratio of 3 to 1 or greater.
       ``(6) Person.--The term `person' means--
       ``(A) any individual;
       ``(B) any corporation, company, association, firm, 
     partnership, joint venture, sole proprietorship, or other 
     for-profit or nonprofit business entity (including any 
     manufacturer, importer, distributor, or processor);
       ``(C) any Federal, State, or local department, agency, or 
     instrumentality; and
       ``(D) any interstate body.

     ``SEC. 222. NATIONAL ACADEMY OF SCIENCES STUDY.

       ``The Administrator shall enter into a contract with the 
     National Academy of Sciences to study and, not later than 18 
     months after the date of enactment of this subtitle, provide 
     the Administrator, and other Federal agencies, as 
     appropriate--
       ``(1) a description of the current state of the science 
     relating to the human health effects of exposure to asbestos 
     and other durable fibers; and
       ``(2) recommendations for the establishment of--
       ``(A) a uniform system for the establishment of asbestos 
     exposure standards for workers, school children, and other 
     populations; and
       ``(B) a uniform system for the establishment of protocols 
     for detecting and measuring asbestos.

     ``SEC. 223. ASBESTOS POLICIES PANEL.

       ``(a) Panel.--
       ``(1) In general.--The Administrator shall establish an 
     Asbestos Policies Panel (referred to in this section as the 
     `panel') to study asbestos and other durable fibers.
       ``(2) Membership.--The panel shall be comprised of 
     representatives of--
       ``(A) the Secretary of Labor;
       ``(B) the Secretary of Health and Human Services; and
       ``(C) the Chairman of the Consumer Product Safety 
     Commission;
       ``(D) nongovernmental environmental, public health, and 
     consumer organizations;
       ``(E) industry;
       ``(F) school officials;
       ``(G) public health officials;
       ``(H) labor organizations; and
       ``(I) the public.
       ``(b) Duties.--The panel shall--
       ``(1) provide independent advice and counsel to the 
     Administrator and other Federal agencies on policy issues 
     associated with the use and management of asbestos and other 
     durable fibers; and
       ``(2) study and, not later than 2 years after the date of 
     enactment of this subtitle, provide the Administrator, other 
     Federal agencies, and Congress recommendations concerning--
       ``(A) implementation of subtitle A;
       ``(B) grant programs under subtitle A;
       ``(C) revisions to the national emissions standards for 
     hazardous air pollutants promulgated under the Clean Air Act 
     (42 U.S.C. 7401 et seq.);
       ``(D) legislative and regulatory options for improving 
     consumer and worker protections against harmful health 
     effects of exposure to asbestos and durable fibers;
       ``(E) whether the definition of asbestos-containing 
     material, meaning any material that contains more than 1 
     percent asbestos by weight, should be modified throughout the 
     Code of Federal Regulations;
       ``(F) the feasibility of establishing a durable fibers 
     testing program;
       ``(G) options to improve protections against exposure to 
     asbestos from asbestos-containing products and contaminant-
     asbestos products in buildings;
       ``(H) current research on and technologies for disposal of 
     asbestos-containing products and contaminant-asbestos 
     products; and
       ``(I) at the option of the panel, the effects on human 
     health that may result from exposure to ceramic, carbon, and 
     other manmade fibers.

     ``SEC. 224. STUDY OF ASBESTOS-CONTAINING PRODUCTS AND 
                   CONTAMINANT-ASBESTOS PRODUCTS.

       ``(a) In General.--In consultation with the Secretary of 
     Labor, the Chairman of the

[[Page 5877]]

     International Trade Commission, the Chairman of the Consumer 
     Product Safety Commission, and the Assistant Secretary for 
     Occupational Safety and Health, the Administrator shall 
     conduct a study on the status of the manufacture, processing, 
     distribution in commerce, ownership, importation, and 
     disposal of asbestos-containing products and contaminant-
     asbestos products in the United States.
       ``(b) Issues.--In conducting the study, the Administrator 
     shall examine--
       ``(1) how consumers, workers, and businesses use asbestos-
     containing products and contaminant-asbestos products that 
     are entering commerce as of the date of enactment of this 
     subtitle; and
       ``(2) the extent to which consumers and workers are being 
     exposed to unhealthful levels of asbestos through exposure to 
     products described in paragraph (1).
       ``(c) Report.--Not later than 18 months after the date of 
     enactment of this subtitle, the Administrator shall submit to 
     the Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate a report on the results of the study.

     ``SEC. 225. PROHIBITION ON ASBESTOS-CONTAINING PRODUCTS.

       ``(a) In General.--Subject to subsection (b), the 
     Administrator shall promulgate--
       ``(1) not later than 1 year after the date of enactment of 
     this subtitle, proposed regulations that--
       ``(A) prohibit persons from manufacturing, processing, or 
     distributing in commerce asbestos-containing products; and
       ``(B) provide for implementation of subsections (b) and 
     (c); and
       ``(2) not later than 2 years after the date of enactment of 
     this subtitle, final regulations that, effective 60 days 
     after the date of promulgation, prohibit persons from 
     manufacturing, processing, or distributing in commerce 
     asbestos-containing products.
       ``(b) Exemptions.--
       ``(1) In general.--Any person may petition the 
     Administrator for, and the Administrator may grant an 
     exemption from the requirements of subsection (a) if the 
     Administrator determines that--
       ``(A) the exemption would not result in an unreasonable 
     risk of injury to public health or the environment; and
       ``(B) the person has made good faith efforts to develop, 
     but has been unable to develop, a substance, or identify a 
     mineral, that--
       ``(i) does not present an unreasonable risk of injury to 
     public health or the environment; and
       ``(ii) may be substituted for an asbestos-containing 
     product.
       ``(2) Terms and conditions.--An exemption granted under 
     this subsection shall be in effect for such period (not to 
     exceed 1 year) and subject to such terms and conditions as 
     the Administrator may prescribe.
       ``(c) Disposal.--
       ``(1) In general.--Except as provided in paragraph (2), not 
     later than 3 years after the date of enactment of this 
     subtitle, each person that possesses an asbestos-containing 
     product that is subject to the prohibition established under 
     this section shall dispose of the asbestos-containing 
     product, by a means that is in compliance with applicable 
     Federal, State, and local requirements.
       ``(2) Exemption.--Nothing in paragraph (1)--
       ``(A) applies to an asbestos-containing product that--
       ``(i) is no longer in the stream of commerce; or
       ``(ii) is in the possession of an end user; or
       ``(B) requires that an asbestos-containing product 
     described in subparagraph (A) be removed or replaced.

     ``SEC. 226. PUBLIC EDUCATION PROGRAM.

       ``(a) In General.--Not later than 2 years after the date of 
     enactment of this subtitle, and subject to subsection (c), in 
     consultation with the Chairman of the Consumer Product Safety 
     Commission and the Secretary of Labor, the Administrator 
     shall establish a program to increase awareness of the 
     dangers posed by asbestos-containing products and 
     contaminant-asbestos products in homes and workplaces.
       ``(b) Greatest Risks.--In establishing the program, the 
     Administrator shall--
       ``(1) base the program on the results of the study 
     conducted under section 224;
       ``(2) give priority to asbestos-containing products and 
     contaminant-asbestos products used by consumers and workers 
     that pose the greatest risk of injury to human health; and
       ``(3) at the option of the Administrator on receipt of a 
     recommendation from the Asbestos Policies Panel, include in 
     the program the conduct of projects and activities to 
     increase public awareness of the effects on human health that 
     may result from exposure to--
       ``(A) durable fibers; and
       ``(B) ceramic, carbon, and other manmade fibers.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section.''.
       (b) Vermiculite Insulation.--Not later than 180 days after 
     the date of enactment of this Act, the Administrator of the 
     Environmental Protection Agency and the Consumer Product 
     Safety Commission shall begin a national campaign to educate 
     consumers concerning--
       (1) the dangers of vermiculite insulation that may be 
     contaminated with asbestos; and
       (2) measures that homeowners and business owners can take 
     to protect against those dangers.

     SEC. __04. ASBESTOS-CAUSED DISEASES.

       Subpart 1 of part C of title IV of the Public Health 
     Service Act (42 U.S.C. 285 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 417D. RESEARCH ON ASBESTOS-CAUSED DISEASES.

       ``(a) In General.--The Secretary, acting through the 
     Director of NIH and the Director of the Centers for Disease 
     Control and Prevention, shall expand, intensify, and 
     coordinate programs for the conduct and support of research 
     on diseases caused by exposure to asbestos, particularly 
     mesothelioma, asbestosis, and pleural injuries.
       ``(b) Administration.--The Secretary shall carry out this 
     section--
       ``(1) through the Director of NIH and the Director of the 
     CDC (Centers for Disease Control and Prevention); and
       ``(2) in collaboration with the Administrator of the Agency 
     for Toxic Substances and Disease Registry and the head of any 
     other agency that the Secretary determines to be appropriate.
       ``(c) Mesothelioma Registry.--Not later than 1 year after 
     the date of enactment of this section, the Director of the 
     Centers for Disease Control and Prevention, in cooperation 
     with the Director of the National Institute for Occupational 
     Safety and Health and the Administrator of the Agency for 
     Toxic Substances and Disease Registry, shall establish a 
     mechanism by which to obtain data from State cancer 
     registries and other cancer registries, which shall form the 
     basis for establishing a Mesothelioma Registry.
       ``(d) Authorization of Appropriations.--In addition to 
     amounts made available for the purposes described in 
     subsection (a) under other law, there are authorized to be 
     appropriated to carry out this section such sums as are 
     necessary for fiscal year 2004 and each fiscal year 
     thereafter.

     ``SEC. 417E. MESOTHELIOMA RESEARCH AND TREATMENT CENTERS.

       ``(a) In General.--The Director of NIH shall provide 
     $1,000,000 for each of fiscal years 2004 through 2008 for 
     each of up to 10 mesothelioma disease research and treatment 
     centers.
       ``(b) Requirements.--The Centers shall--
       ``(1) be chosen through competitive peer review;
       ``(2) be geographically distributed throughout the United 
     States with special consideration given to areas of high 
     incidence of mesothelioma disease;
       ``(3) be closely associated with Department of Veterans 
     Affairs medical centers to provide research benefits and care 
     to veterans, who have suffered excessively from mesothelioma;
       ``(4) be engaged in research to provide mechanisms for 
     detection and prevention of mesothelioma, particularly in the 
     areas of pain management and cures;
       ``(5) be engaged in public education about mesothelioma and 
     prevention, screening, and treatment;
       ``(6) be participants in the National Mesothelioma 
     Registry;
       ``(7) be coordinated in their research and treatment 
     efforts with other Centers and institutions involved in 
     exemplary mesothelioma research; and
       ``(8) be focused on research and treatments for 
     mesothelioma that have historically been underfunded.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each of fiscal years 2004 through 2008.''.

     SEC. __05. CONFORMING AMENDMENTS.

       The table of contents in section 1 of the Toxic Substances 
     Control Act (15 U.S.C. prec. 2601) is amended--
       (1) by inserting before the item relating to section 201 
     the following:

                  ``Subtitle A--General Provisions'';

     and
       (2) by adding at the end of the items relating to title II 
     the following:

               ``Subtitle B--Asbestos-Containing Products

``Sec. 221. Definitions.
``Sec. 222. National Academy of Sciences Study.
``Sec. 223. Asbestos Policies Panel.
``Sec. 224. Study of asbestos-containing products and contaminant-
              asbestos products.
``Sec. 225. Prohibition on asbestos-containing products.
``Sec. 226. Public education program.''.
                                 ______
                                 
  SA 2960. Mr. TALENT submitted an amendment intended to be proposed by 
him to the bill H.R. 4, to reauthorize and improve the program of block 
grants to States for temporary assistance for needy families, improve 
access to quality child care, and for other purposes; which was ordered 
to lie on the table; as follows:

       Beginning on page 194, strike line 7 and all that follows 
     through page 210, line 9, and insert the following:

[[Page 5878]]

       (f) Determination of Countable Hours Engaged in Work.--
       (1) In general.--Section 407(c) (42 U.S.C. 607(c)) is 
     amended to read as follows:
       ``(c) Determination of Countable Hours Engaged in Work.--
       ``(1) Single parent or relative with a child over age 6.--
       ``(A) Minimum average number of hours per week.--Subject to 
     the succeeding paragraphs of this subsection, a family in 
     which an adult recipient or minor child head of household in 
     the family is participating in work activities described in 
     subsection (d) shall be treated as engaged in work for 
     purposes of determining monthly participation rates under 
     subsection (b)(1)(B)(i) as follows:
       ``(i) In the case of a family in which the total number of 
     hours in which any adult recipient or minor child head of 
     household in the family is participating in such work 
     activities for an average of at least 20, but less than 25, 
     hours per week in a month, as 0.675 of a family.
       ``(ii) In the case of a family in which the total number of 
     hours in which any adult recipient or minor child head of 
     household in the family is participating in such work 
     activities for an average of at least 25, but less than 33, 
     hours per week in a month, as 0.75 of a family.
       ``(iii) In the case of a family in which the total number 
     of hours in which any adult recipient or minor child head of 
     household in the family is participating in such work 
     activities for an average of at least 33, but less than 40, 
     hours per week in a month, as 0.875 of a family.
       ``(iv) In the case of a family in which the total number of 
     hours in which any adult recipient or minor child head of 
     household in the family is participating in such work 
     activities for an average of at least 40 hours per week in a 
     month, as 1 family.
       ``(B) Direct work activities required for an average of 24 
     hours per week.--Except as provided in subparagraph (C)(i), a 
     State may not count any hours of participation in work 
     activities specified in paragraph (9), (10), or (11) of 
     subsection (d) of any adult recipient or minor child head of 
     household in a family before the total number of hours of 
     participation by any adult recipient or minor child head of 
     household in the family in work activities described in 
     paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (12) of 
     subsection (d) for the family for the month averages at least 
     24 hours per week.
       ``(C) State flexibility to count participation in certain 
     activities.--
       ``(i) Qualified activities for 3-months in any 24-month 
     period.--

       ``(I) 24-hours per week required.--Subject to subclauses 
     (III) and (IV), for purposes of determining hours under 
     subparagraph (A), a State may count the total number of hours 
     any adult recipient or minor child head of household in a 
     family engages in qualified activities described in subclause 
     (II) as a work activity described in subsection (d), without 
     regard to whether the recipient has satisfied the requirement 
     of subparagraph (B), but only if--

       ``(aa) the total number of hours of participation in such 
     qualified activities for the family for the month average at 
     least 24 hours per week; and
       ``(bb) engaging in such qualified activities is a 
     requirement of the family self-sufficiency plan.

       ``(II) Qualified activities described.--For purposes of 
     subclause (I), qualified activities described in this 
     subclause are any of the following:

       ``(aa) Postsecondary education.
       ``(bb) Adult literacy programs or activities.
       ``(cc) Substance abuse counseling or treatment.
       ``(dd) Programs or activities designed to remove barriers 
     to work, as defined by the State.
       ``(ee) Work activities authorized under any waiver for any 
     State that was continued under section 415 before the date of 
     enactment of the Personal Responsibility and Individual 
     Development for Everyone Act.

       ``(III) Limitation.--Except as provided in clause (ii), 
     subclause (I) shall not apply to a family for more than 3 
     months in any period of 24 consecutive months.
       ``(IV) Certain activities.--The Secretary may allow a State 
     to count the total hours of participation in qualified 
     activities described in subclause (II) for an adult recipient 
     or minor child head of household without regard to the 
     minimum 24 hour average per week of participation requirement 
     under subclause (I) if the State has demonstrated 
     conclusively that such activity is part of a substantial and 
     supervised program whose effectiveness in moving families to 
     self-sufficiency is superior to any alternative activity and 
     the effectiveness of the program in moving families to self-
     sufficiency would be substantially impaired if participating 
     individuals participated in additional, concurrent qualified 
     activities that enabled the individuals to achieve an average 
     of at least 24 hours per week of participation.

       ``(ii) Additional 3-month period permitted for certain 
     activities.--

       ``(I) Self-sufficiency plan requirement combined with 
     minimum number of hours.--A State may extend the 3-month 
     period under clause (i) for an additional 3 months in the 
     same period of 24 consecutive months in the case of an adult 
     recipient or minor child head of household who is receiving 
     qualified rehabilitative services described in subclause (II) 
     if--

       ``(aa) the total number of hours that the adult recipient 
     or minor child head of household engages in such qualified 
     rehabilitative services and, subject to subclause (III), a 
     work activity described in paragraph (1), (2), (3), (4), (5), 
     (6), (7), (8), or (12) of subsection (d) for the month 
     average at least 24 hours per week; and
       ``(bb) engaging in such qualified rehabilitative services 
     is a requirement of the family self-sufficiency plan.

       ``(II) Qualified rehabilitative services described.--For 
     purposes of subclause (I), qualified rehabilitative services 
     described in this subclause are any of the following:

       ``(aa) Adult literacy programs or activities.
       ``(bb) Participation in a program designed to increase 
     proficiency in the English language.
       ``(cc) In the case of an adult recipient or minor child 
     head of household who has been certified by a qualified 
     medical, mental health, or social services professional (as 
     defined by the State) as having a physical or mental 
     disability, substance abuse problem, or other problem that 
     requires a rehabilitative service, substance abuse treatment, 
     or mental health treatment, the service or treatment 
     determined necessary by the professional.

       ``(III) Nonapplication of limitations on job search and 
     vocational educational training.--An adult recipient or minor 
     child head of household who is receiving qualified 
     rehabilitative services described in subclause (II) may 
     engage in a work activity described in paragraph (6) or (8) 
     of subsection (d) for purposes of satisfying the minimum 24 
     hour average per week of participation requirement under 
     subclause (I)(aa) without regard to any limit that otherwise 
     applies to the activity (including the 30 percent limitation 
     on participation in vocational educational training under 
     paragraph (6)(C)).

       ``(iii) Hours in excess of an average of 24 work activity 
     hours per week.--If the total number of hours that any adult 
     recipient or minor child head of household in a family has 
     participated in a work activity described in paragraph (1), 
     (2), (3), (4), (5), (6), (7), (8), or (12) of subsection (d) 
     averages at least 24 hours per week in a month, a State, for 
     purposes of determining hours under subparagraph (A), may 
     count any hours an adult recipient or minor child head of 
     household in the family engages in--

       ``(I) any work activity described in subsection (d), 
     without regard to any limit that otherwise applies to the 
     activity (including the 30 percent limitation on 
     participation in vocational educational training under 
     paragraph (6)(C)); and
       ``(II) any qualified activity described in clause (i)(II), 
     as a work activity described in subsection (d).

       ``(2) Single parent or relative with a child under age 6.--
       ``(A) In general.--A family in which an adult recipient or 
     minor child head of household in the family is the only 
     parent or caretaker relative in the family of a child who has 
     not attained 6 years of age and who is participating in work 
     activities described in subsection (d) shall be treated as 
     engaged in work for purposes of determining monthly 
     participation rates under subsection (b)(1)(B)(i) as follows:
       ``(i) In the case of such a family in which the total 
     number of hours in which the adult recipient or minor child 
     head of household in the family is participating in such work 
     activities for an average of at least 20, but less than 24, 
     hours per week in a month, as 0.675 of a family.
       ``(ii) In the case of such a family in which the total 
     number of hours in which the adult recipient or minor child 
     head of household in the family is participating in such work 
     activities for an average of at least 24 hours per week in a 
     month, as 1 family.
       ``(B) Application of rules regarding direct work activities 
     and state flexibility to count participation in certain 
     activities.--Subparagraphs (B) and (C) of paragraph (1) apply 
     to a family described in subparagraph (A) in the same manner 
     as such subparagraphs apply to a family described in 
     paragraph (1)(A).
       ``(3) 2-parent families.--
       ``(A) In general.--Subject to paragraph (6)(A), a 2-parent 
     family in which an adult recipient or minor child head of 
     household in the family is participating in work activities 
     described in subsection (d) shall be treated as engaged in 
     work for purposes of determining monthly participation rates 
     under subsection (b)(1)(B)(i) as follows:
       ``(i) In the case of such a family in which the total 
     number of hours in which any adult recipient or minor child 
     head of household in the family is participating in such work 
     activities for an average of at least 26, but less than 30, 
     hours per week in a month, as 0.675 of a family.
       ``(ii) In the case of such a family in which the total 
     number of hours in which any adult recipient or minor child 
     head of household in the family is participating in such work 
     activities for an average of at least 30, but less than 33, 
     hours per week in a month, as 0.75 of a family.
       ``(iii) In the case of such a family in which the total 
     number of hours in which any adult

[[Page 5879]]

     recipient or minor child head of household in the family is 
     participating in such work activities for an average of at 
     least 33, but less than 40, hours per week in a month, as 
     0.875 of a family.
       ``(iv) In the case of such a family in which the total 
     number of hours in which any adult recipient or minor child 
     head of household in the family is participating in such work 
     activities for an average of at least 40 hours per week in a 
     month, as 1 family.
       ``(B) Application of rules regarding direct work activities 
     and state flexibility to count participation in certain 
     activities.--Subparagraphs (B) and (C) of paragraph (1) apply 
     to a 2-parent family described in subparagraph (A) in the 
     same manner as such subparagraphs apply to a family described 
     in paragraph (1)(A), except that subparagraph (B) of 
     paragraph (1) shall be applied to a such a 2-parent family by 
     substituting `34' for `24' each place it appears.
       ``(4) 2-parent families that receive federally funded child 
     care.--
       ``(A) In general.--Subject to paragraph (6)(A), if a 2-
     parent family receives federally funded child care 
     assistance, an adult recipient or minor child head of 
     household in the family participating in work activities 
     described in subsection (d) shall be treated as engaged in 
     work for purposes of determining monthly participation rates 
     under subsection (b)(1)(B)(i) as follows:
       ``(i) In the case of such a family in which the total 
     number of hours in which any adult recipient or minor child 
     head of household in the family is participating in such work 
     activities for an average of at least 40, but less than 45, 
     hours per week in a month, as 0.675 of a family.
       ``(ii) In the case of such a family in which the total 
     number of hours in which any adult recipient or minor child 
     head of household in the family is participating in such work 
     activities for an average of at least 45, but less than 51, 
     hours per week in a month, as 0.75 of a family.
       ``(iii) In the case of such a family in which the total 
     number of hours in which any adult recipient or minor child 
     head of household in the family is participating in such work 
     activities for an average of at least 51, but less than 55, 
     hours per week in a month, as 0.875 of a family.
       ``(iv) In the case of such a family in which the total 
     number of hours in which any adult recipient or minor child 
     head of household in the family is participating in such work 
     activities for an average of at least 55 hours per week in a 
     month, as 1 family.
                                 ______
                                 
  SA 2961. Mr. TALENT submitted an amendment intended to be proposed by 
him to the bill H.R. 4, to reauthorize and improve the program of block 
grants to States for temporary assistance for needy families, improve 
access to quality child care, and for other purposes; which was ordered 
to lie on the table; as follows:

       Beginning on page 184, strike line 6 and all that follows 
     through line 4 on page 185, and insert the following:
       (c) Minimum Participation Rate Floor.--Section 407(a), as 
     amended by subsection (b), is amended by adding at the end, 
     the following:
       ``(2) Minimum participation rate floor.--
       ``(A) In general.--Notwithstanding any other provision of 
     this part, a State to which a grant is made under section 403 
     for a fiscal year shall achieve a minimum participation rate 
     floor under the State program funded under this part that is 
     not less than--
       ``(i) 10 percent for fiscal year 2004;
       ``(ii) 20 percent for fiscal year 2005;
       ``(iii) 30 percent for fiscal year 2006;
       ``(iv) 40 percent for fiscal year 2007; and
       ``(v) 55 percent for fiscal year 2008 and each succeeding 
     year.
       ``(B) Calculation of participation rates for purposes of 
     determining the minimum participation rate floor.--The 
     minimum participation rate floor of a State for a fiscal year 
     shall be calculated according to subsection (b) except that--
       ``(i) the minimum participation rate floor for a State 
     shall not be reduced by an employment credit under subsection 
     (b)(2) or a caseload reduction credit under subsection (b)(3) 
     (in the case of a State that has opted to phase-in 
     replacement of that credit under section 109(d)(3)(B) of the 
     Personal Responsibility and Individual Development for 
     Everyone Act); and
       ``(ii) the options to exempt families for purposes of the 
     determining monthly participation rates provided in paragraph 
     (4) shall not apply.
       ``(C) Definition of assistance.--For purposes of 
     calculating the minimum participation rate floor under this 
     paragraph, the term `assistance' means assistance to a family 
     that--
       ``(i) meets the definition of that term in section 419; and
       ``(ii) is provided--

       ``(I) under the State program funded under this part; or
       ``(II) under a program funded with qualified State 
     expenditures (as defined in section 409(a)(7)(B)(i)).

       ``(D) No work requirement imposed for families with an 
     infant.--Nothing in this paragraph shall be construed as 
     requiring a State to require a family in which the youngest 
     child has not attained 12 months of age to engage in work or 
     other activities.
       On page 194, line 23, insert ``and the minimum 
     participation rate floor under subsection (a)(2)'' after 
     ``(b)(1)(B)(i)''.
       On page 225, line 10, insert ``paragraph (1) or (2) of'' 
     after ``section''.
       On page 225, line 17, insert ``paragraph (1) or (2) of'' 
     after ``section''.
                                 ______
                                 
  SA 2962. Mr. CAMPBELL submitted an amendment intended to be proposed 
by him to the bill H.R. 4, to reauthorize and improve the program of 
block grants to States for temporary assistance for needy families, 
improve access to quality child care, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 236, strike line 21 and all that follows 
     through page 239, line 8, and insert the following:

     SEC. 113. DIRECT FUNDING AND ADMINISTRATION BY INDIAN TRIBES.

       (a) Reauthorization of Tribal Family Assistance Grants.--
     Section 412(a)(1)(A) (42 U.S.C. 612(a)(1)(A)), as amended by 
     section 3(h) of the Welfare Reform Extension Act of 2003, is 
     amended by striking ``1997, 1998, 1999, 2000, 2001, 2002, and 
     2003'' and inserting ``2005 through 2009''.
       (b) Tribal TANF Improvement Fund.--
       (1) Tribal tanf improvement grants.--
       (A) In general.--Section 412(a) (42 U.S.C. 612(a)) is 
     amended by striking paragraph (2) and inserting the 
     following:
       ``(2) Tribal tanf improvement grants.--
       ``(A) Tribal capacity grants.--
       ``(i) In general.--Of the amount appropriated under 
     subparagraph (D) for the period of fiscal years 2005 through 
     2009, $185,000,000 of such amount shall be used by the 
     Secretary to award grants for tribal human services program 
     infrastructure improvement (as defined in clause (v)) to--

       ``(I) Indian tribes that have applied for approval of a 
     tribal family assistance plan and that meet the requirements 
     of clause (ii)(I);
       ``(II) Indian tribes with an approved tribal family 
     assistance plan and that meet the requirements of clause 
     (ii)(II); and
       ``(III) Indian tribes that have applied for approval of a 
     foster care and adoption assistance program under section 
     479B or that plan to enter into, or have in place, a tribal-
     State cooperative agreement under section 479B(c) and that 
     meet the requirements of clause (ii)(III).

       ``(ii) Priorities for awarding of grants.--The Secretary 
     shall give priority in awarding grants under this 
     subparagraph as follows:

       ``(I) First, for grants to Indian tribes that have applied 
     for approval of a tribal family assistance plan, that have 
     not operated such a plan as of the date of enactment of the 
     Personal Responsibility and Individual Development for 
     Everyone Act that will have such plan approved, and that 
     include in the plan submission provisions for tribal human 
     services program infrastructure improvement (as so defined) 
     and related management information systems training.
       ``(II) Second, for Indian tribes with an approved tribal 
     family assistance plan that are not described in subclause 
     (I) and that submit an addendum to such plan that includes 
     provisions for tribal human services program infrastructure 
     improvement that includes implementing or improving 
     management information systems of the tribe (including 
     management information systems training), as such systems 
     relate to the operation of the tribal family assistance plan.
       ``(III) Third, for Indian tribes that have applied for 
     approval of a foster care and adoption assistance program 
     under section 479B or that plan to enter into, or have in 
     place, a tribal-State cooperative agreement under section 
     479B(c) and that include in the plan submission under section 
     471 (or in an addendum to such plan) provisions for tribal 
     human services program infrastructure improvement (as so 
     defined) and related management information systems training.

       ``(iii) Other requirements for awarding grants.--In 
     awarding grants under this subparagraph, the Secretary--

       ``(I) may not award an Indian tribe more than 1 grant under 
     this subparagraph per fiscal year; and
       ``(II) shall award grants in such a manner as to maximize 
     the number of Indian tribes that receive grants under this 
     subparagraph.

       ``(iv) Application.--An Indian tribe desiring a grant under 
     this subparagraph shall submit an application to the 
     Secretary, at such time, in such manner, and containing such 
     information as the Secretary may require.
       ``(v) Definition of human services program infrastructure 
     improvement.--In this subparagraph, the term `human services 
     program infrastructure improvement' includes (but is not 
     limited to) improvement of management information systems, 
     management information systems-related training, equipping 
     offices, and renovating, but not constructing, buildings, as 
     described in an application for a grant under this 
     subparagraph, and subject to approval by the Secretary.
       ``(B) Adjusted tribal tanf grants for increased 
     caseloads.--

[[Page 5880]]

       ``(i) In general.--Of the amount appropriated under 
     subparagraph (E) for the period of fiscal years 2005 through 
     2009, $140,000,000 of such amount shall be used by the 
     Secretary to make supplemental grants for each of fiscal 
     years 2005 through 2009 to each Indian tribe that--

       ``(I) has an approved tribal family assistance plan; and
       ``(II) demonstrates that the number of Indian families 
     receiving cash assistance under the tribal family assistance 
     plan as of the first quarter of the third year of the 
     operation of such plan has increased by at least 20 percent 
     over such number for the first quarter of the first year of 
     the operation of such plan.

       ``(ii) Allocation of funds.--The Secretary, in consultation 
     with Indian tribes with approved tribal family assistance 
     plans, shall determine a formula for the allocation of 
     $35,000,000 of the funds described in clause (i) for each 
     fiscal year described in that clause in a manner that is 
     proportionate to the size, service population, and percentage 
     increase in the number of Indian families served by each 
     Indian tribe eligible for an adjusted grant under this 
     subparagraph for that fiscal year. If the amount available 
     for allocation for a fiscal year is less than the total 
     amount of funds requested for allocation among the Indian 
     tribes for that fiscal year, the Secretary shall allocate the 
     funds among such tribes on a pro rata basis.
       ``(C) Maintenance of effort payments.--
       ``(i) In general.--Subject to clause (ii), of the amount 
     appropriated under subparagraph (E), $40,000,000 of such 
     amount for each of fiscal years 2005 through 2009 shall be 
     used by the Secretary to pay a State an amount equal to 50 
     percent of the total amount of qualified State expenditures 
     (as defined in section 409(a)(7)(B)(i)) incurred by the State 
     for each such fiscal year for support of tribal family 
     assistance plans.
       ``(ii) Pro rata reductions.--If the amount available for 
     making payments under clause (i) for a fiscal year is less 
     than the total amount of payments otherwise required to be 
     made under clause (i) for the fiscal year, then the amount 
     otherwise payable to any State for the fiscal year under 
     clause (i) shall be reduced by a percentage equal to the 
     amount available divided by the total amount of payments 
     required for that fiscal year.
       ``(D) Technical assistance for indian tribes.--
       ``(i) In general.--Of the amount appropriated under 
     subparagraph (E) for the period of fiscal years 2005 through 
     2009, $15,000,000 shall be used by the Secretary to provide 
     technical assistance to Indian tribes--

       ``(I) considering applying for or carrying out a grant made 
     under this paragraph;
       ``(II) considering applying for or carrying out a tribal 
     family assistance plan under this section; or
       ``(III) related to best practices and approaches for State 
     and tribal coordination on the transfer of the administration 
     of social services programs to Indian tribes.

       ``(ii) Reservation of funds.--Not less than--

       ``(I) $5,000,000 of the amount described in clause (i) 
     shall be used by the Secretary to support through grants or 
     contracts peer-learning programs among tribal administrators; 
     and
       ``(II) $5,000,000 of such amount shall be used by the 
     Secretary for making grants to Indian tribes to conduct 
     feasibility studies of the capacity of Indian tribes to 
     operate tribal family assistance plans under this part.

       ``(E) Appropriation.--Out of any money in the Treasury of 
     the United States not otherwise appropriated, there are 
     appropriated $500,000,000 for the period of fiscal years 2005 
     through 2009 to carry out this paragraph. Amounts 
     appropriated under this subparagraph shall remain available 
     until expended.''.
       (B) Conforming amendment.--Section 405(a) (42 U.S.C. 
     605(a)) is amended by striking ``section 403'' and inserting 
     ``sections 403 and 412(a)(2)(C)''.
       (2) Eligibility for bonus to reward employment achievement; 
     contingency fund.--
       (A) Bonus to reward employment achievement.--Section 
     403(a)(4)(G) (42 U.S.C. 603(a)(4)(G)), as amended by section 
     105, is amended to read as follows:
       ``(G) Reservation of funds for distribution to indian 
     tribes.--
       ``(i) In general.--Of the amount available for grants under 
     this paragraph for a bonus year, the Secretary shall reserve 
     an amount equal to 3 percent of such amount to make grants 
     pursuant to this subparagraph to each Indian tribe with an 
     approved tribal family assistance plan that is a high 
     performing Indian tribe for that bonus year.
       ``(ii) Criteria for determining tribal performance.--

       ``(I) In general.--Subject to subclause (II), the 
     Secretary, in consultation with Indian tribes with approved 
     tribal family assistance plans located throughout the United 
     States, shall determine the criteria for determining which 
     such tribes are high performing Indian tribes with respect to 
     a bonus year.
       ``(II) Inclusion of certain factors.--Such criteria shall 
     include factors related to the employment of recipients of 
     assistance under a tribal family assistance plan and to 
     moving such recipients to self-sufficiency.''.

       (B) Eligibility for contingency fund.--Section 403(b)(1) 
     (42 U.S.C. 603(b)(3)), as amended by section 106(a)(1), is 
     amended--
       (i) in subparagraph (A), by striking ``subparagraph (C)'' 
     and inserting ``subparagraphs (C) and (D)'';
       (ii) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (E) and (F), respectively; and
       (iii) by inserting after subparagraph (C), the following:
       ``(D) Increased economic hardship payments to indian 
     tribes.--
       ``(i) In general.--Of the total amount appropriated 
     pursuant to paragraph (2), $50,000,000 of such amount shall 
     be reserved for making payments to Indian tribes with 
     approved tribal family assistance plans that are operating in 
     situations of increased economic hardship.
       ``(ii) Determination of criteria for tribal access.--

       ``(I) In general.--Subject to subclause (II), the 
     Secretary, in consultation with Indian tribes with approved 
     tribal family assistance plans, shall determine the criteria 
     for access by Indian tribes to the amount reserved under 
     clause (i).
       ``(II) Inclusion of certain factors.--Such criteria shall 
     include factors related to increases in unemployment, loss of 
     employers, and loss of qualified State expenditures (as 
     defined in section 409(a)(7)(B)(i)) in support of tribal 
     family assistance plans.

       ``(iii) Application of requirements for payments to 
     states.--The Secretary, in consultation with Indian tribes 
     with approved tribal family assistance plans located 
     throughout the United States, shall determine the extent to 
     which requirements of States for payments from the Fund shall 
     apply to Indian tribes receiving payments under this 
     subparagraph.''.
       (c) High Joblessness On Native Lands.--Section 408(a)(7)(D) 
     (42 U.S.C. 608(a)(7)(D)) is amended--
       (1) in the subparagraph heading, by striking ``by adult'' 
     and all that follows through ``unemployment'' and inserting 
     ``in areas of indian country or an alaskan native village 
     with high joblessness'';
       (2) by striking clause (i) and inserting the following:
       ``(i) In general.--Subject to clause (ii), in determining 
     the number of months for which an adult has received 
     assistance under a State or tribal program funded under this 
     part, the State or tribe shall disregard any month during 
     which the adult lived in Indian country or an Alaskan Native 
     village if the most reliable data available (or such other 
     data submitted by a State or tribal program as the Secretary 
     may approve) with respect to the month (or a period including 
     the month) indicate that at least 20 percent of the adult 
     recipients who were living in Indian country or in the 
     village were jobless.'';
       (3) by redesignating clause (ii) as clause (iii); and
       (4) by inserting after clause (i), the following:
       ``(ii) Requirement.--A month may only be disregarded under 
     clause (i) with respect to an adult recipient described in 
     that clause if the adult is in compliance with program 
     requirements.''.
       (d) Native Foster Care; Adoption Assistance.--
       (1) Children placed in tribal custody eligible for foster 
     care funding.--Section 472(a)(2) (42 U.S.C. 672(a)(2)) is 
     amended--
       (A) by striking ``or (B)'' and inserting ``(B)''; and
       (B) by inserting before the semicolon the following: ``, or 
     (C) an Indian tribe or tribal organization (as defined in 
     section 479B(e)) or an intertribal consortium if the Indian 
     tribe, tribal organization, or consortium is not operating a 
     program pursuant to section 479B and (i) has a cooperative 
     agreement with a State pursuant to section 479B(c) or (ii) 
     submits to the Secretary a description of the arrangements 
     (jointly developed or developed in consultation with the 
     State) made by the Indian tribe, tribal organization, or 
     consortium for the payment of funds and the provision of the 
     child welfare services and protections required by this 
     title''.
       (2) Programs operated by indian tribal organizations.--Part 
     E of title IV (42 U.S.C. 670 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL 
                   ORGANIZATIONS.

       ``(a) Application.--Except as provided in subsection (b), 
     this part shall apply to an Indian tribe or tribal 
     organization that elects to operate a program under this part 
     in the same manner as this part applies to a State.
       ``(b) Modification of Plan Requirements.--
       ``(1) In general.--In the case of an Indian tribe or tribal 
     organization submitting a plan for approval under section 
     471, the plan shall--
       ``(A) in lieu of the requirement of section 471(a)(3), 
     identify the service area or areas and population to be 
     served by the Indian tribe or tribal organization; and
       ``(B) in lieu of the requirement of section 471(a)(10), 
     provide for the approval of foster homes pursuant to tribal 
     standards and in a manner that ensures the safety of, and 
     accountability for, children placed in foster care.

[[Page 5881]]

       ``(2) Determination of federal share.--
       ``(A) Per capita income.--
       ``(i) In general.--For purposes of determining the Federal 
     medical assistance percentage applicable to an Indian tribe 
     or tribal organization under paragraphs (1) and (2) of 
     section 474(a), the calculation of an Indian tribe's or 
     tribal organization's per capita income shall be based upon 
     the service population of the Indian tribe or tribal 
     organization as defined in its plan in accordance with 
     paragraph (1)(A).
       ``(ii) Consideration of other information.--An Indian tribe 
     or tribal organization may submit to the Secretary such 
     information as the Indian tribe or tribal organization 
     considers relevant to the calculation of the per capita 
     income of the Indian tribe or tribal organization, and the 
     Secretary shall consider such information before making the 
     calculation.
       ``(B) Administrative expenditures.--The Secretary shall, by 
     regulation, determine the proportions to be paid to Indian 
     tribes and tribal organizations pursuant to section 
     474(a)(3), except that in no case shall an Indian tribe or 
     tribal organization receive a lesser proportion than the 
     corresponding amount specified for a State in that section.
       ``(C) Sources of non-federal share.--An Indian tribe or 
     tribal organization may use Federal or State funds to match 
     payments for which the Indian tribe or tribal organization is 
     eligible under section 474.
       ``(3) Modification of other requirements.--Upon the request 
     of an Indian tribe, tribal organization, or a consortia of 
     tribes or tribal organizations, the Secretary may modify any 
     requirement under this part if, after consulting with the 
     Indian tribe, tribal organization, or consortia of tribes or 
     tribal organizations, the Secretary determines that 
     modification of the requirement would advance the best 
     interests and the safety of children served by the Indian 
     tribe, tribal organization, or consortia of tribes or tribal 
     organizations.
       ``(4) Consortium.--The participating Indian tribes or 
     tribal organizations of an intertribal consortium may develop 
     and submit a single plan under section 471 that meets the 
     requirements of this section.
       ``(c) Cooperative Agreements.--An Indian tribe, tribal 
     organization, or intertribal consortium and a State may enter 
     into a cooperative agreement for the administration or 
     payment of funds pursuant to this part. In any case where an 
     Indian tribe, tribal organization, or intertribal consortium 
     and a State enter into a cooperative agreement that 
     incorporates any of the provisions of this section, those 
     provisions shall be valid and enforceable. Any such 
     cooperative agreement that is in effect as of the date of 
     enactment of this section, shall remain in full force and 
     effect subject to the right of either party to the agreement 
     to revoke or modify the agreement pursuant to the terms of 
     the agreement.
       ``(d) Regulations.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall, in full 
     consultation with Indian tribes and tribal organizations, 
     promulgate regulations to carry out this section.
       ``(e) Definitions of Indian Tribe; Tribal Organizations.--
     In this section, the terms `Indian tribe' and `tribal 
     organization' have the meanings given those terms in 
     subsections (e) and (l) of section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b), 
     respectively, except that, with respect to the State of 
     Alaska, the term `Indian tribe' has the meaning given that 
     term in section 419(4)(B).''.
       (3) Effective date.--The amendments made by this subsection 
     take effect on the date of enactment of this Act.
       (e) Clarification of Application of Indian Employment, 
     Training and Related Services Demonstration Act of 1992.--
     Section 412 (42 U.S.C.612), as amended by section 108(b)(2), 
     is amended by adding at the end the following:
       ``(i) Application of Indian employment, Training and 
     Related Services Demonstration Act of 1992.--Notwithstanding 
     any other provision of law, if an Indian tribe elects to 
     incorporate the services it provides using funds made 
     available under this part into a plan under section 6 of the 
     Indian Employment, Training and Related Services 
     Demonstration Act of 1992 (25 U.S.C. 3405), the programs 
     authorized to be conducted with such funds shall be--
       ``(1) considered to be programs subject to section 5 of the 
     Indian Employment, Training and Related Services 
     Demonstration Act of 1992 (25 U.S.C. 3404); and
       ``(2) subject to the single plan and single budget 
     requirements of section 6 of that Act (25 U.S.C. 3505) and 
     the single report format required under section 11 of that 
     Act (25 U.S.C. 3410).''.
       (f) Job Creation on Native Lands.--
       (1) Diagnostic and development funds.--
       (A) Economic diagnostic studies.--
       (i) Establishment.--There is established within the 
     Administration for Native Americans within the Department of 
     Health and Human Services, a fund to be known as the ``Native 
     American Economies Diagnostic Studies Fund'' (referred to in 
     this paragraph as the ``Diagnostic Fund''), to be used to 
     strengthen Indian tribal economies by supporting investment 
     policy reforms and technical assistance to eligible Indian 
     tribes.
       (ii) Use of amounts from diagnostic fund.--

       (I) In general.--An Indian tribe may amounts in the 
     Diagnostic Fund to establish an interdisciplinary mechanism 
     by which the tribe may--

       (aa) conduct diagnostic studies of the tribe's economy; and
       (bb) provide for reforms in the policy, legal, regulatory, 
     and investment areas and general economic environment of the 
     tribe.
       (iii) Conditions for studies.--A diagnostic study conducted 
     by an Indian tribe under clause (ii) shall, at a minimum, 
     identify inhibitors to greater levels of private sector 
     investment and job creation with respect to the Indian tribe.
       (iv) Expenditures from diagnostic fund.--

       (I) In general.--Subject to subclause (II), on request by 
     an Indian tribe, the Administrator of the Administration for 
     Native Americans within the Department of Health and Human 
     Services shall transfer from the Diagnostic Fund to the tribe 
     such amounts as are necessary to carry out this subparagraph.
       (II) Administrative expenses.--An amount not exceeding 10 
     percent of the amounts in the Diagnostic Fund shall be 
     available in each fiscal year to pay the administrative 
     expenses necessary to carry out this subparagraph.

       (B) Native american economic development fund.--
       (i) Establishment.--There is established within the 
     Administration for Native Americans within the Department of 
     Health and Human Services, a fund to be known as the ``Native 
     American Economic Development Fund'' (referred to in this 
     paragraph as the ``Economic Fund'').
       (ii) Use of amounts from economic fund.--An Indian tribe 
     shall be eligible to use amounts in the Economic Fund to 
     ensure that Federal development assistance and other 
     resources dedicated to Native American economic development 
     are provided only to Native American communities with 
     demonstrated commitments to--

       (I) sound economic and political policies;
       (II) good governance; and
       (III) practices that promote increased levels of economic 
     growth and job creation.

       (C) Appropriations.--Out of any money in the Treasury of 
     the United States not otherwise appropriated, there are 
     appropriated for each of fiscal years 2005 through 2009--
       (i) $5,000,000 to the Diagnostic Fund; and
       (ii) $5,000,000 to the Economic Fund.
       (2) Tax-exempt bond finance authority.--
       (A) In general.--Paragraph (1) of section 7871(c) (relating 
     to Indian tribal governments treated as States for certain 
     purposes) is amended to read as follows:
       ``(1) In general.--Subsection (a) of section 103 shall 
     apply to any obligation issued by an Indian tribal government 
     (or subdivision thereof) only if--
       ``(A) such obligation--
       ``(i) is part of an issue 95 percent or more of the net 
     proceeds of which are to be used to finance any facility 
     located on an Indian reservation, and
       ``(ii) is issued before January 1, 2014, or
       ``(B) such obligation is part of an issue substantially all 
     of the proceeds of which are to be used in the exercise of 
     any essential governmental function.''.
       (B) Special rules and definitions.--Subsection (c) of 
     section 7871 is amended by inserting at the end the following 
     new paragraph:
       ``(4) Special rules and definitions.--
       ``(A) Exclusion of gaming.--An obligation described in 
     subparagraph (A) or (B) of paragraph (1) may not be used to 
     finance any portion of a building in which class II or III 
     gaming (as defined in section 4 of the Indian Gaming 
     Regulatory Act (25 U.S.C. 2702)) is conducted or housed.
       ``(B) Indian reservation.--For purposes of this subsection, 
     the term `Indian reservation' means--
       ``(i) a reservation, as defined in section 4(10) of the 
     Indian Child Welfare Act of 1978 (25 U.S.C. 1903(10)), and
       ``(ii) lands held under the provisions of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.) by a Native 
     corporation as defined in section 3(m) of such Act (43 U.S.C. 
     1602(m)).''.
       (3) Indian employment tax credit.--Section 45A(f) of the 
     Internal Revenue Code of 1986 (relating to termination) is 
     amended by striking ``December 31, 2004'' and inserting 
     ``December 31, 2014''.
       (4) Accelerated depreciation allowance.--Section 168(j)(8) 
     of such Code (relating to termination) is amended by striking 
     ``December 31, 2004'' and inserting ``December 31, 2014''.
                                 ______
                                 
  SA 2963. Mr. SANTORUM (for himself and Mr. Brownback) submitted an 
amendment intended to be proposed by him to the bill H.R. 4, to 
reauthorize and improve the program of block grants to States for 
temporary assistance for needy families, improve access to quality 
child care, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 156, strike lines 1 through 3 and insert the 
     following:


[[Page 5882]]


     priated for grants under this paragraph--

       ``(I) for fiscal year 2004, $100,000,000; and
       ``(II) for each of fiscal years 2005 through 2008, 
     $120,000,000.

       On page 239, strike lines 21 and 22, and insert 
     ``$100,000,000 for fiscal year 2004 and $120,000,000 for each 
     of fiscal years 2005 through 2008, which shall remain 
     available to''.
       Beginning on page 289, strike line 24 and all that follows 
     through page 290, line 5, and insert the following:
       ``(E) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary for the purpose of 
     carrying out this paragraph, $40,000,000 for each of fiscal 
     years 2004 through 2008.''.
                                 ______
                                 
  SA 2964. Mr. KOHL submitted an amendment intended to be proposed by 
him to the bill H.R. 4, to reauthorize and improve the program of block 
grants to States for temporary assistance for needy families, improve 
access to quality child care, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 344, between lines 3 and 4, insert the following:

     SEC. __. SSI EXTENSION FOR HUMANITARIAN IMMIGRANTS.

       Section 402(a)(2) of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) 
     is amended by adding at the end the following:
       ``(M) Two-year ssi extension through fiscal year 2007.--
       ``(i) In general.--With respect to eligibility for benefits 
     for the specified Federal program described in paragraph 
     (3)(A), the 7-year period described in subparagraph (A) shall 
     be deemed to be a 9-year period during fiscal years 2005 
     through 2007.
       ``(ii) Aliens whose benefits ceased in prior fiscal 
     years.--

       ``(I) In general.--Beginning on the date of the enactment 
     of the SSI Extension for Elderly and Disabled Refugees Act, 
     any qualified alien rendered ineligible for the specified 
     Federal program described in paragraph (3)(A) during fiscal 
     years prior to fiscal year 2005 solely by reason of the 
     termination of the 7-year period described in subparagraph 
     (A) shall be eligible for such program for an additional 2-
     year period in accordance with this subparagraph, if such 
     alien meets all other eligibility factors under title XVI of 
     the Social Security Act.
       ``(II) Payment of benefits.--Benefits paid under 
     subparagraph (I) shall be paid prospectively over the 
     duration of the qualified alien's renewed eligibility.''.

                                 ______
                                 
  SA 2965. Mr. JEFFORDS (for himself, Mr. Smith, Ms. Collins, Mr. 
Chafee, and Mr. Rockefeller) submitted an amendment intended to be 
proposed by him to the bill H.R. 4, to reauthorize and improve the 
program of block grants to States for temporary assistance for needy 
families, improve access to quality child care, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 216, between lines 19 and 20, insert the following:
       ``(G) State option to receive credit for recipients who are 
     determined by appropriate agencies working in coordination to 
     have a disability and to be in need of specialized 
     activities.--
       ``(i) In general.--At the option of the State, if the State 
     agency responsible for administering the State program funded 
     under this part works in collaboration or has a referral 
     relationship with other governmental or private agencies with 
     expertise in disability determination or appropriate services 
     plans for adults with disabilities (including agencies that 
     receive funds under this part), and one of those entities 
     determines that an individual described in clause (iv) is not 
     able to meet the State's full work requirements after the 
     periods applicable under paragraph (1)(C) because of the 
     individual's disability and continuing need for 
     rehabilitative services, then for purposes of determining 
     monthly participation rates under subsection (b)(1)(B)(i) the 
     State may receive credit in accordance with clause (ii) for 
     certain activities undertaken with respect to the individual.
       ``(ii) Credit for activities undertaken through 
     collaborative agency process.--Subject to clause (iii), if 
     the State undertakes to provide services for an individual to 
     which clause (i) applies through a collaborative process that 
     includes governmental or private agencies with expertise in 
     disability determination or appropriate services for adults 
     with disabilities, the State shall be credited for purposes 
     of the monthly participation rate determined under subsection 
     (b)(1)(B)(i) with the lesser of--

       ``(I) the sum of the number of hours the individual 
     participates in an activity described in paragraph (1), (2), 
     (3), (4), (5), (6), (7), (8), or (12) of subsection (d) for 
     the month and the number of hours that the individual 
     participates in rehabilitation services under this 
     subparagraph for the month; or
       ``(II) twice the number of hours the individual 
     participates in an activity described in paragraph (1), (2), 
     (3), (4), (5), (6), (7), (8), or (12) of subsection (d) for 
     the month.

       ``(iii) Limitation.--A State shall not receive credit under 
     clause (ii) towards the monthly participation rate under 
     subsection (b)(1)(B)(i) unless the State reviews the 
     disability determination of an individual to which clause (i) 
     applies and the activities in which the individual is 
     participating not less than every 6 months.
       ``(iv) Individual described.--For purposes of this 
     subparagraph, an individual described in this clause is an 
     individual who the State has determined has a disability and 
     would benefit from participating in rehabilitative services 
     while combining such participation with other work 
     activities.
       ``(v) Definition of disability.--In this subparagraph, the 
     term `disability' means a physical or mental impairment, 
     including substance abuse, that--

       ``(I) constitutes or results in a substantial impediment to 
     employment; or
       ``(II) substantially limits 1 or more major life 
     activities.''.

                                 ______
                                 
  SA 2966. Mr. LUGAR (for himself, Mr. Leahy, Mrs. Dole, and Mr. Kohl) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4, to reauthorize and improve the program of block grants to States for 
temporary assistance for needy families, improve access to quality 
child care, and for other purposes; which was ordered to lie on the 
table; as follows:

       After title VI insert the following:

                      TITLE __FOOD BANK DONATIONS

     SEC. __01. CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF FOOD 
                   INVENTORY.

       (a) In General.--Subsection (e) of section 170 of the 
     Internal Revenue Code of 1986 (relating to certain 
     contributions of ordinary income and capital gain property) 
     is amended by adding at the end the following new paragraph:
       ``(7) Special rule for contributions of food inventory.--
     For purposes of this section--
       ``(A) Contributions by non-corporate taxpayers.--In the 
     case of a charitable contribution of food by a taxpayer, 
     paragraph (3)(A) shall be applied without regard to whether 
     or not the contribution is made by a corporation.
       ``(B) Limit on reduction.--In the case of a charitable 
     contribution of food which is a qualified contribution 
     (within the meaning of paragraph (3)(A), as modified by 
     subparagraph (A) of this paragraph)--
       ``(i) paragraph (3)(B) shall not apply, and
       ``(ii) the reduction under paragraph (1)(A) for such 
     contribution shall be no greater than the amount (if any) by 
     which the amount of such contribution exceeds twice the basis 
     of such food.
       ``(C) Determination of basis.--For purposes of this 
     paragraph, if a taxpayer uses the cash method of accounting, 
     the basis of any qualified contribution of such taxpayer 
     shall be deemed to be 50 percent of the fair market value of 
     such contribution.
       ``(D) Determination of fair market value.--In the case of a 
     charitable contribution of food which is a qualified 
     contribution (within the meaning of paragraph (3), as 
     modified by subparagraphs (A) and (B) of this paragraph) and 
     which, solely by reason of internal standards of the 
     taxpayer, lack of market, or similar circumstances, or which 
     is produced by the taxpayer exclusively for the purposes of 
     transferring the food to an organization described in 
     paragraph (3)(A), cannot or will not be sold, the fair market 
     value of such contribution shall be determined--
       ``(i) without regard to such internal standards, such lack 
     of market, such circumstances, or such exclusive purpose, and
       ``(ii) if applicable, by taking into account the price at 
     which the same or similar food items are sold by the taxpayer 
     at the time of the contribution (or, if not so sold at such 
     time, in the recent past).''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to taxable years beginning after December 31, 
     2003.

     SEC. __02. TIME SENSITIVE GOODS MOVEMENT.

       (a) In General.--The Secretary shall enter into a contract 
     or grant agreement with a nongovernmental organization 
     described in subsection (b)(1) to establish and maintain a 
     program for the tracking, collection, and delivery of time 
     sensitive goods.
       (b) Definitions.--For purposes of this section--
       (1) Nongovernmental organization.--The nongovernmental 
     organization referred to in subsection (a) shall be a 
     national nonprofit charitable organization selected by the 
     Secretary on a competitive basis and shall--
       (A) have several years experience in gathering information 
     from virtually all of the States regarding time sensitive 
     goods;
       (B) have several years working experience with transport 
     providers such as trucking companies in creating, 
     coordinating, and maintaining transfer systems designed to 
     assist, at the national level, the delivery of time sensitive 
     goods to appropriate nationwide coordination centers;

[[Page 5883]]

       (C) agree to contribute in-kind resources towards 
     implementing this section and agree to provide services and 
     information free of charge; and
       (D) be capable of and experienced in working with major 
     domestic food manufacturers and processors, grocery chains 
     and stores, food warehouse operators, transport providers 
     such as trucking companies, and public food assistance 
     agencies.
       (2) Time sensitive goods.--The term ``tine sensitive 
     goods'' meand raw materials or finished goods that are 
     nearing the end of their useful life.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury.
       (c) Program Requirements.--The Secretary shall ensure that 
     funds allocated under this section are used for--
       (1) the development and maintenance of a computerized 
     system for the tracking of time sensitive goods;
       (2) capital and operating costs associated with the 
     collection and transportation of time sensitive goods; and
       (3) capital and operating costs associated with the storage 
     and distribution of time sensitive goods.
       (d) Audits.--The Secretary shall establish fair and 
     reasonable auditing procedures regarding the expenditures of 
     funds to carry out this section.
       (e) Funding.--From amounts resulting from the amendments 
     made by section __04, there is authorized to be appropriated 
     and hereby appropriated to the Secretary $10,000,000 in each 
     of fiscal years 2005 through 2010 to implement this section. 
     The nongovernmental organization may contract with and 
     provide funds to 1 additional nonprofit organization which 
     the Secretary determines meets the requirements set forth in 
     subsection (b)(1) to carry out some of the functions required 
     by this section.

     SEC. __03. SERVICE INSTITUTIONS.

       (a) Operating Expenses.--Section 13(b)(1) of the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1761(b)(1)) is 
     amended by striking subparagraph (A) and inserting the 
     following:
       ``(A) In general.--A payment to a service institution shall 
     be equal to the maximum amount for food service under 
     subparagraphs (B) and (C).''.
       (b) Administrative Costs.--Section 13(b) of the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1761(b)) is 
     amended by striking paragraph (3) and inserting the 
     following:
       ``(3) Administrative costs.--Payment to a service 
     institution for administrative costs shall be equal to the 
     maximum allowable levels determined by the Secretary under 
     the study required under paragraph (4).''.
       (c) Conforming Amendment.--Section 18 of the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1769) is amended 
     by striking subsection (f).

     SEC. __04. LIMITATIONS ON DEDUCTION FOR CHARITABLE 
                   CONTRIBUTIONS OF PATENTS AND SIMILAR PROPERTY.

       (a) Deduction Allowed Only to the Extent of Basis.--Section 
     170(e)(1)(B) (relating to certain contributions of ordinary 
     income and capital gain property) is amended by striking 
     ``or'' at the end of clause (i), by adding ``or'' at the end 
     of clause (ii), and by inserting after clause (ii) the 
     following new clause:
       ``(iii) of any patent, copyright, trademark, trade name, 
     trade secret, know-how, software, or similar property, or 
     applications or registrations of such property,''.
       (b) Treatment of Contributions Where Donor Receives 
     Interest.--Section 170(e) is amended by adding at the end the 
     following new paragraph:
       ``(7) Special rules for contributions of patents and 
     similar property where donor receives interest.--
       ``(A) Disallowance of deduction.--No deduction shall be 
     allowed under this section with respect to a contribution of 
     property described in paragraph (1)(B)(iii) if the taxpayer 
     after the contribution has any interest in the property other 
     than a qualified interest.
       ``(B) Contributions with qualified interest.--If a taxpayer 
     after a contribution of property described in paragraph 
     (1)(B)(iii) has a qualified interest in the property--
       ``(i) any payment pursuant to the qualified interest shall 
     be treated as ordinary income and shall be includible in 
     gross income of the taxpayer for the taxable year in which 
     the payment is received by the taxpayer, and
       ``(ii) subsection (f)(3) and section 1011(b) shall not 
     apply to the transfer of the property from the taxpayer to 
     the donee.
       ``(C) Qualified interest.--For purposes of this paragraph--
       ``(i) In general.--The term `qualified interest' means, 
     with respect to any taxpayer, a right to receive from the 
     donee a percentage (not greater than 50 percent) of any 
     royalty payment received by the donee with respect to 
     property described in paragraph (1)(B)(iii) (other than 
     copyrights which are described in section 1221(a)(3) or 
     1231(b)(1)(C)) contributed by the taxpayer to the donee.
       ``(ii) Secretarial authority.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Secretary may by regulation or other administrative 
     guidance treat as a qualified interest the right to receive 
     other payments from the donee, but only if the donee does not 
     possess a right to receive any payment (whether royalties or 
     otherwise) from a third party with respect to the contributed 
     property.
       ``(II) Exceptions.--The Secretary may not treat as a 
     qualified interest the right to receive any payment which 
     provides a benefit to the donor which is greater than the 
     benefit retained by the donee or the right to receive any 
     portion of the proceeds from the sale of the property 
     contributed.

       ``(iii) Limitation.--An interest shall be treated as a 
     qualified interest under this subparagraph only if the 
     taxpayer has no right to receive any payment described in 
     clause (i) or (ii)(I) after the earlier of the date on which 
     the legal life of the contributed property expires or the 
     date which is 20 years after the date of the contribution.''.
       (c) Reporting Requirements.--
       (1) In general.--Section 6050L(a) (relating to returns 
     regarding certain dispositions of donated property) is 
     amended--
       (A) by striking ``If'' and inserting:
       ``(1) Dispositions of donated property.--If'',
       (B) by redesignating paragraphs (1) through (5) as 
     subparagraphs (A) through (E), respectively, and
       (C) by adding at the end the following new paragraph:
       ``(2) Payments of qualified interests.--Each donee of 
     property described in section 170(e)(1)(B)(iii) which makes a 
     payment to a donor pursuant to a qualified interest (as 
     defined in section 170(e)(7)) during any calendar year shall 
     make a return (in accordance with forms and regulations 
     prescribed by the Secretary) showing--
       ``(A) the name, address, and TIN of the payor and the payee 
     with respect to such a payment,
       ``(B) a description, and date of contribution, of the 
     property to which the qualified interest relates,
       ``(C) the dates and amounts of any royalty payments 
     received by the donee with respect to such property,
       ``(D) the date and the amount of the payment pursuant to 
     the qualified interest, and
       ``(E) a description of the terms of the qualified 
     interest.''.
       (2) Conforming amendments.--
       (A) The heading for section 6050L is amended by striking 
     ``CERTAIN DISPOSITIONS OF''.
       (B) The item relating to section 6050L in the table of 
     sections for subpart B of part III of subchapter A of chapter 
     61 is amended by striking ``certain dispositions of''.
       (d) Anti-Abuse Rules.--The Secretary of the Treasury may 
     prescribe such regulations or other administrative guidance 
     as may be necessary or appropriate to prevent the avoidance 
     of the purposes of section 170(e)(1)(B)(iii) of the Internal 
     Revenue Code of 1986 (as added by subsection (a)), including 
     preventing--
       (1) the circumvention of the reduction of the charitable 
     deduction by embedding or bundling the patent or similar 
     property as part of a charitable contribution of property 
     that includes the patent or similar property,
       (2) the manipulation of the basis of the property to 
     increase the amount of the charitable deduction through the 
     use of related persons, pass-thru entities, or other 
     intermediaries, or through the use of any provision of law or 
     regulation (including the consolidated return regulations), 
     and
       (3) a donor from changing the form of the patent or similar 
     property to property of a form for which different deduction 
     rules would apply.
       (e) Effective Date.--The amendments made by this section 
     shall apply to contributions made after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 2967. Mr. GREGG submitted an amendment intended to be proposed by 
him to the bill H.R. 4, to reauthorize and improve the program of block 
grants to States for temporary assistance for needy families, improve 
access to quality child care, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

    TITLE __--CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT AMENDMENTS

     SEC. __01. SHORT TITLE

       This title may be cited as the ``Caring for Children Act of 
     2004''.

     Subtitle A--Child Care and Development Block Grant Act of 1990

     SEC. __11. SHORT TITLE AND GOALS.

       (a) Heading.--Section 658A of the Child Care and 
     Development Block Grant Act of 1990 (42 U.S.C. 9801 note) is 
     amended by striking the section heading and inserting the 
     following:

     ``SEC. 658A. SHORT TITLE AND GOALS.''.

       (b) Goals.--Section 658A(b) of the Child Care and 
     Development Block Grant Act of 1990 (42 U.S.C. 9801 note) is 
     amended--
       (1) in paragraph (3), by striking ``encourage'' and 
     inserting ``assist'';
       (2) in paragraph (4), by striking ``parents'' and all that 
     follows and inserting ``low-income working parents;'';
       (3) by redesignating paragraph (5) as paragraph (8); and

[[Page 5884]]

       (4) by inserting after paragraph (4) the following:
       ``(5) to assist States in improving the quality of child 
     care available to families;
       ``(6) to promote school preparedness by encouraging 
     children, families, and caregivers to engage in 
     developmentally appropriate and age-appropriate activities in 
     child care settings that will--
       ``(A) improve the children's social, emotional, and 
     behavioral skills; and
       ``(B) foster their early cognitive, pre-reading, and 
     language development;
       ``(7) to promote parental and family involvement in the 
     education of young children in child care settings; and''.

     SEC.__12. AUTHORIZATION OF APPROPRIATIONS.

       Section 658B of the Child Care and Development Block Grant 
     Act of 1990 (42 U.S.C. 9858) is amended by striking 
     ``subchapter'' and all that follows and inserting 
     ``subchapter $2,300,000,000 for fiscal year 2005, 
     $2,500,000,000 for fiscal year 2006, $2,700,000,000 for 
     fiscal year 2007, $2,900,000,000 for fiscal year 2008, and 
     $3,100,000,000 for fiscal year 2009.''.

     SEC. __13. LEAD AGENCY.

       Section 658D(a) of the Child Care and Development Block 
     Grant Act of 1990 (42 U.S.C. 9858b(a)) is amended by striking 
     ``designate'' and all that follows and inserting ``designate 
     an agency (which may be an appropriate collaborative agency), 
     or establish a joint interagency office, that complies with 
     the requirements of subsection (b) to serve as the lead 
     agency for the State under this subchapter.''.

     SEC. __14. STATE PLAN.

       (a) Lead Agency.--Section 658E(c)(1) of the Child Care and 
     Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(1)) 
     is amended by striking ``designated'' and inserting 
     ``designated or established''.
       (b) Policies and Procedures.--Section 658E(c)(2) of the 
     Child Care and Development Block Grant Act of 1990 (42 U.S.C. 
     9858c(c)(2)) is amended--
       (1) in subparagraph (A)(i)(II), by striking ``section 
     658P(2)'' and inserting ``section 658T(2)'';
       (2) by striking subparagraph (D) and inserting the 
     following:
       ``(D) Consumer and child care provider education 
     information.--Certify that the State will--
       ``(i) collect and disseminate, through resource and 
     referral services and other means as determined by the State, 
     to parents of eligible children, child care providers, and 
     the general public, information regarding--

       ``(I) the promotion of informed child care choices, 
     including information about the quality and availability of 
     child care services;
       ``(II) research and best practices concerning children's 
     development, including early cognitive development;
       ``(III) the availability of assistance to obtain child care 
     services; and
       ``(IV) other programs for which families that receive child 
     care services for which financial assistance is provided 
     under this subchapter may be eligible, including the food 
     stamp program established under the Food Stamp Act of 1977 (7 
     U.S.C. 2011 et seq.), the special supplemental nutrition 
     program for women, infants, and children established by 
     section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 
     1786), the child and adult care food program established 
     under section 17 of the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1766), and the medicaid and State 
     children's health insurance programs under titles XIX and XXI 
     of the Social Security Act (42 U.S.C. 1396 et seq. and 1397aa 
     et seq.); and

       ``(ii) report to the Secretary the manner in which the 
     consumer education information described in clause (i) was 
     provided to parents and the number of parents to whom such 
     consumer education information was provided, during the 
     period of the previous State plan.'';
       (3) by striking subparagraph (E) and inserting the 
     following:
       ``(E) Compliance with state and tribal licensing 
     requirements.--
       ``(i) In general.--Certify that the State (or the Indian 
     tribe or tribal organization) involved has in effect 
     licensing requirements applicable to child care services 
     provided within the State (or area served by the tribe or 
     organization), and provide a detailed description of such 
     requirements and of how such requirements are effectively 
     enforced.
       ``(ii) Construction.--Nothing in clause (i) shall be 
     construed to require that licensing requirements be applied 
     to specific types of providers of child care services.'';
       (4) in subparagraph (F)--
       (A) in the first sentence, by striking ``within the State, 
     under State or local law,'' and inserting ``within the State 
     (or area served by the Indian tribe or tribal organization), 
     under State or local law (or tribal law),''; and
       (B) in the second sentence, by striking ``State or local 
     law'' and inserting ``State or local law (or tribal law)''; 
     and
       (5) by adding at the end the following:
       ``(I) Protection for working parents.--
       ``(i) Redetermination process.--Describe the procedures and 
     policies that are in place to ensure that working parents 
     (especially parents in families receiving assistance under a 
     State program funded under part A of title IV of the Social 
     Security Act (42 U.S.C. 601 et seq.)) are not required to 
     unduly disrupt their employment in order to comply with the 
     State's requirements for redetermination of eligibility for 
     assistance under this subchapter.
       ``(ii) Minimum period.--Demonstrate that each child that 
     receives assistance under this subchapter in the State will 
     receive such assistance for not less than 6 months before the 
     State redetermines the eligibility of the child under this 
     subchapter, except as provided in clause (iii).
       ``(iii) Period before termination.--At the option of the 
     State, demonstrate that the State will not terminate 
     assistance under this subchapter based on a parent's loss of 
     work or cessation of attendance at a job training or 
     educational program for which the family was receiving the 
     assistance, without continuing the assistance for a 
     reasonable period of time, of not less than 1 month, after 
     such loss or cessation in order for the parent to engage in a 
     job search and resume work, or resume attendance of a job 
     training or educational program, as soon as possible.
       ``(J) Coordination with other programs.--Describe how the 
     State, in order to expand accessibility and continuity of 
     quality early care and early education, will coordinate the 
     early childhood education activities assisted under this 
     subchapter with--
       ``(i) programs carried out under the Head Start Act (42 
     U.S.C. 9831 et seq.), including the Early Head Start programs 
     carried out under section 645A of that Act (42 U.S.C. 9840a);
       ``(ii)(I) Early Reading First and Even Start programs 
     carried out under subparts 2 and 3 of part B of title I of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6371 et seq., 6381 et seq.); and
       ``(II) other preschool programs carried out under title I 
     of that Act (20 U.S.C. 6301 et seq.);
       ``(iii) programs carried out under section 619 and part C 
     of the Individuals with Disabilities Education Act (20 U.S.C. 
     1419, 1431 et seq.);
       ``(iv) State prekindergarten programs; and
       ``(v) other early childhood education programs.
       ``(K) Training in early learning and childhood 
     development.--Describe any training requirements that are in 
     effect within the State that are designed to enable child 
     care providers to promote the social, emotional, physical, 
     and cognitive development of children and that are applicable 
     to child care providers that provide services for which 
     assistance is made available under this subchapter in the 
     State.
       ``(L) Public-private partnerships.--Demonstrate how the 
     State is encouraging partnerships among State agencies, other 
     public agencies, and private entities, to leverage existing 
     service delivery systems (as of the date of submission of the 
     State plan) for early childhood education and to increase the 
     supply and quality of child care services for children who 
     are less than 13 years of age.
       ``(M) Access to care for certain populations.--Demonstrate 
     how the State is addressing the child care needs of parents 
     eligible for child care services for which assistance is 
     provided under this subchapter, who have children with 
     special needs, work nontraditional hours, or require child 
     care services for infants and toddlers.
       ``(N) Coordination with title iv of the social security 
     act.--Describe how the State will inform parents receiving 
     assistance under a State program funded under part A of title 
     IV of the Social Security Act (42 U.S.C. 601 et seq.) and 
     low-income parents about eligibility for assistance under 
     this subchapter.''.
       (c) Use of Block Grant Funds.--Section 658E(c)(3) the Child 
     Care and Development Block Grant Act of 1990 (42 U.S.C. 
     9858c(c)(3)) is amended--
       (1) in subparagraph (A), by striking ``as required under'' 
     and inserting ``in accordance with''; and
       (2) in subparagraph (B)--
       (A) by striking ``The State'' and inserting the following:
       ``(i) In general.--The State'';
       (B) in clause (i) (as designated in subparagraph (A)), by 
     striking ``appropriate to realize any of the goals specified 
     in paragraphs (2) through (5) of section 658A(b)'' and 
     inserting ``appropriate (which may include an activity 
     described in clause (ii)) to realize any of the goals 
     specified in paragraphs (2) through (8) of section 658A(b)''; 
     and
       (C) by adding at the end the following:
       ``(ii) Child care resource and referral system.--A State 
     may use amounts described in clause (i) to establish or 
     support a system of local child care resource and referral 
     organizations coordinated by a statewide private, nonprofit, 
     community-based lead child care resource and referral 
     organization. The local child care resource and referral 
     organizations shall--

       ``(I) provide parents in the State with information, and 
     consumer education, concerning the full range of child care 
     options, including child care provided during nontraditional 
     hours and through emergency child care centers, in their 
     communities;

[[Page 5885]]

       ``(II) collect and analyze data on the supply of and demand 
     for child care in political subdivisions within the State;
       ``(III) submit reports to the State containing data and 
     analysis described in clause (II); and
       ``(IV) work to establish partnerships with public agencies 
     and private entities to increase the supply and quality of 
     child care services.''.

       (d) Direct Services.--Section 658E(c)(3) of the Child Care 
     and Development Block Grant Act of 1990 (42 U.S.C. 
     9858c(c)(3)) is amended--
       (1) in subparagraph (A), by striking ``(D)'' and inserting 
     ``(E)''; and
       (2) by adding at the end the following:
       ``(E) Direct services.--From amounts provided to a State 
     for a fiscal year to carry out this subchapter, the State 
     shall--
       ``(i) reserve the minimum amount required to be reserved 
     under section 658G, and the funds for costs described in 
     subparagraph (C); and
       ``(ii) from the remainder, use not less than 70 percent to 
     fund direct services (as defined by the State).''.
       (e) Payment Rates.--Section 658E(c)(4) of the Child Care 
     and Development Block Grant Act of 1990 (42 U.S.C. 
     9858c(c)(4)) is amended--
       (1) in subparagraph (A), by striking ``The State plan'' and 
     all that follows and inserting the following:
       ``(i) Survey.--The State plan shall--

       ``(I) demonstrate that the State has, after consulting with 
     local area child care program administrators, developed and 
     conducted a statistically valid and reliable survey of the 
     market rates for child care services in the State (that 
     reflects variations in the cost of child care services by 
     geographic area, type of provider, and age of child) within 
     the 2 years preceding the date of the submission of the 
     application containing the State plan;
       ``(II) detail the results of the State market rates survey 
     conducted pursuant to subclause (I);
       ``(III) describe how the State will provide for timely 
     payment for child care services, and set payment rates for 
     child care services, for which assistance is provided under 
     this subchapter in accordance with the results of the market 
     rates survey conducted pursuant to subclause (I) without 
     reducing the number of families in the State receiving such 
     assistance under this subchapter, relative to the number of 
     such families on the date of introduction of the Caring for 
     Children Act of 2004; and
       ``(IV) describe how the State will, not later than 30 days 
     after the completion of the survey described in subclause 
     (I), make the results of the survey widely available through 
     public means, including posting the results on the Internet.

       ``(ii) Equal access.--The State plan shall include a 
     certification that the payment rates are sufficient to ensure 
     equal access for eligible children to child care services 
     comparable to child care services in the State or substate 
     area that are provided to children whose parents are not 
     eligible to receive child care assistance under any Federal 
     or State program.''; and
       (2) in subparagraph (B)--
       (A) by striking ``Nothing'' and inserting the following:
       ``(i) No private right of action.--Nothing''; and
       (B) by adding at the end the following:
       ``(ii) No prohibition of certain different rates.--Nothing 
     in this subchapter shall be construed to prevent a State from 
     differentiating the payment rates described in subparagraph 
     (A) on the basis of--

       ``(I) geographic location of child care providers (such as 
     location in an urban or rural area);
       ``(II) the age or particular needs of children (such as 
     children with special needs and children served by child 
     protective services);
       ``(III) whether the providers provide child care during 
     weekend and other nontraditional hours; and
       ``(IV) the State's determination that such differentiated 
     payment rates are needed to enable a parent to choose child 
     care that the parent believes to be of high quality.''.

     SEC. __15. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE.

       Section 658G of the Child Care and Development Block Grant 
     Act of 1990 (42 U.S.C. 9858e) is amended to read as follows:

     ``SEC. 658G. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE.

       ``(a) In General.--
       ``(1) Reservation.--Each State that receives funds to carry 
     out this subchapter for a fiscal year shall reserve and use 
     not less than 6 percent of the funds for activities provided 
     directly, or through grants or contracts with resource and 
     referral organizations or other appropriate entities, that 
     are designed to improve the quality of child care services.
       ``(2) Activities.--The funds reserved under paragraph (1) 
     may only be used to--
       ``(A) develop and implement voluntary guidelines on pre-
     reading and language skills and activities, for child care 
     programs in the State, that are aligned with State standards 
     for kindergarten through grade 12 or the State's general 
     goals for school preparedness;
       ``(B) support activities and provide technical assistance 
     in Federal, State, and local child care settings to enhance 
     early learning for preschool and school-aged children, to 
     promote literacy, to foster school preparedness, and to 
     support later school success;
       ``(C) offer training, professional development, and 
     educational opportunities for child care providers that 
     relate to the use of developmentally appropriate and age-
     appropriate curricula, and early childhood teaching 
     strategies, that are scientifically based and aligned with 
     the social, emotional, physical, and cognitive development of 
     children, including--
       ``(i) developing and operating distance learning child care 
     training infrastructures;
       ``(ii) developing model technology-based training courses;
       ``(iii) offering training for caregivers in informal child 
     care settings; and
       ``(iv) offering training for child care providers who care 
     for infants and toddlers and children with special needs.
       ``(D) engage in programs designed to increase the retention 
     and improve the competencies of child care providers, 
     including wage incentive programs and initiatives that 
     establish tiered payment rates for providers that meet or 
     exceed child care services guidelines, as defined by the 
     State;
       ``(E) evaluate and assess the quality and effectiveness of 
     child care programs and services offered in the State to 
     young children on improving overall school preparedness; and
       ``(F) carry out other activities determined by the State to 
     improve the quality of child care services provided in the 
     State and for which measurement of outcomes relating to 
     improved child safety, child well-being, or school 
     preparedness is possible.
       ``(b) Certification.--Beginning with fiscal year 2005, the 
     State shall annually submit to the Secretary a certification 
     in which the State certifies that the State was in compliance 
     with subsection (a) during the preceding fiscal year and 
     describes how the State used funds made available to carry 
     out this subchapter to comply with subsection (a) during that 
     preceding fiscal year.
       ``(c) Strategy.--The State shall annually submit to the 
     Secretary--
       ``(1) beginning with fiscal year 2005, an outline of the 
     strategy the State will implement during that fiscal year to 
     address the quality of child care services for which 
     financial assistance is made available under this subchapter, 
     including--
       ``(A) a statement specifying how the State will address the 
     activities carried out under subsection (a);
       ``(B) a description of quantifiable, objective measures 
     that the State will use to evaluate the State's progress in 
     improving the quality of the child care services (including 
     measures regarding the impact, if any, of State efforts to 
     improve the quality by increasing payment rates, as defined 
     in section 658H(c)), evaluating separately the impact of the 
     activities listed in each of such subparagraphs on the 
     quality of the child care services; and
       ``(C) a list of State-developed child care services quality 
     targets quantified for such fiscal year for such measures; 
     and
       ``(2) beginning with fiscal year 2006, a report on the 
     State's progress in achieving such targets for the preceding 
     fiscal year.
       ``(d) Improvement Plan.--If the Secretary determines that a 
     State failed to make progress as described in subsection 
     (c)(2) for a fiscal year--
       ``(1) the State shall submit an improvement plan that 
     describes the measures the State will take to make that 
     progress; and
       ``(2) the State shall comply with the improvement plan by a 
     date specified by the Secretary but not later than 1 year 
     after the date of the determination.
       ``(e) Construction.--Nothing in this subchapter shall be 
     construed to require that the State apply measures for 
     evaluating quality of child care services to specific types 
     of child care providers.''.

     SEC.__16. OPTIONAL PRIORITY USE OF ADDITIONAL FUNDS.

       The Child Care and Development Block Grant Act of 1990 is 
     amended by inserting after section 658G (42 U.S.C. 9858e) the 
     following:

     ``SEC. 658H. OPTIONAL PRIORITY USE OF ADDITIONAL FUNDS.

       ``(a) In General.--If a State receives funds to carry out 
     this subchapter for a fiscal year, and the amount of the 
     funds exceeds the amount of funds the State received to carry 
     out this subchapter for fiscal year 2004, the State shall 
     consider using a portion of the excess--
       ``(1) to support payment rate increases in accordance with 
     the market rate survey conducted pursuant to section 
     658E(c)(4);
       ``(2) to support the establishment of tiered payment rates 
     as described in section 658G(a)(2)(D); and
       ``(3) to support payment rate increases for care for 
     children in communities served by local educational agencies 
     that have been identified for improvement under section 
     1116(c)(3) of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6316(c)(3)).
       ``(b) No Requirement To Reduce Child Care Services.--
     Nothing in this section shall be construed to require a State 
     to take an action that the State determines would result in a 
     reduction of child care services to families of eligible 
     children.

[[Page 5886]]

       ``(c) Payment Rate.--In this section, the term `payment 
     rate' means the rate of State payment or reimbursement to 
     providers for subsidized child care.''.

     SEC. __17. REPORTING REQUIREMENTS.

       (a) Heading.--Section 658K of the Child Care and 
     Development Block Grant Act of 1990 (42 U.S.C. 9858i) is 
     amended by striking the section heading and inserting the 
     following:

     ``SEC. 658K. REPORTS AND AUDITS.''.

       (b) Required Information.--Section 658K(a) of the Child 
     Care and Development Block Grant Act of 1990 (42 U.S.C. 
     9858i(a)) is amended to read as follows:
       ``(a) Reports.--
       ``(1) In general.--A State that receives funds to carry out 
     this subchapter shall collect the information described in 
     paragraph (2) on a monthly basis.
       ``(2) Required information.--The information required under 
     this paragraph shall include, with respect to a family unit 
     receiving assistance under this subchapter, information 
     concerning--
       ``(A) family income;
       ``(B) county of residence;
       ``(C) the gender, race, and age of children receiving such 
     assistance;
       ``(D) whether the head of the family unit is a single 
     parent;
       ``(E) the sources of family income, including--
       ``(i) employment, including self-employment; and
       ``(ii) assistance under a State program funded under part A 
     of title IV of the Social Security Act (42 U.S.C. 601 et 
     seq.) and a State program for which State spending is counted 
     toward the maintenance of effort requirement under section 
     409(a)(7) of the Social Security Act (42 U.S.C. 609(a)(7));
       ``(F) the type of child care in which the child was 
     enrolled (such as family child care, home care, center-based 
     child care, or other types of child care described in section 
     658T(5));
       ``(G) whether the child care provider involved was a 
     relative;
       ``(H) the cost of child care for such family, separately 
     stating the amount of the subsidy payment of the State and 
     the amount of the co-payment of the family toward such cost;
       ``(I) the average hours per month of such care;
       ``(J) household size;
       ``(K) whether the parent involved reports that the child 
     has an individualized education program or an individualized 
     family service plan described in section 602 or 636 of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1401 
     and 1436); and
       ``(L) the reason for any termination of benefits under this 
     subchapter, including whether the termination was due to--
       ``(i) the child's age exceeding the allowable limit;
       ``(ii) the family income exceeding the State eligibility 
     limit;
       ``(iii) the State recertification or administrative 
     requirements not being met;
       ``(iv) parent work, training, or education status no longer 
     meeting State requirements;
       ``(v) a nonincome related change in status; or
       ``(vi) other reasons;
     during the period for which such information is required to 
     be submitted.
       ``(3) Submission to secretary.--A State described in 
     paragraph (1) shall, on a quarterly basis, submit to the 
     Secretary the information required to be collected under 
     paragraph (2) and the number of children and families 
     receiving assistance under this subchapter (stated on a 
     monthly basis). Information on the number of families 
     receiving the assistance shall also be posted on the website 
     of such State. In the fourth quarterly report of each year, a 
     State described in paragraph (1) shall also submit to the 
     Secretary information on the annual number and type of child 
     care providers (as described in section 658T(5)) that 
     received funding under this subchapter and the annual number 
     of payments made by the State through vouchers, under 
     contracts, or by payment to parents reported by type of child 
     care provider.
       ``(4) Use of samples.--
       ``(A) Authority.--A State may comply with the requirement 
     to collect the information described in paragraph (2) through 
     the use of disaggregated case record information on a sample 
     of families selected through the use of scientifically 
     acceptable sampling methods approved by the Secretary.
       ``(B) Sampling and other methods.--The Secretary shall 
     provide the States with such case sampling plans and data 
     collection procedures as the Secretary determines necessary 
     to produce statistically valid samples of the information 
     described in paragraph (2). The Secretary may develop and 
     implement procedures for verifying the quality of data 
     submitted by the States.''.
       (c) Period of Compliance and Waivers.--
       (1) In general.--States shall have 2 years from the date of 
     enactment of this Act to comply with the changes to data 
     collection and reporting required by the amendments made by 
     this section.
       (2) Waivers.--The Secretary of Health and Human Services 
     may grant a waiver from paragraph (1) to States with plans to 
     procure data systems.

     SEC. __18. NATIONAL ACTIVITIES.

       Section 658L of the Child Care and Development Block Grant 
     Act of 1990 (42 U.S.C. 9858j) is amended to read as follows:

     ``SEC. 658L. NATIONAL ACTIVITIES.

       ``(a) Report.--
       ``(1) In general.--The Secretary shall, not later than 
     April 30, 2005, and annually thereafter, prepare and submit 
     to the Committee on Education and the Workforce of the House 
     of Representatives and the Committee on Health, Education, 
     Labor, and Pensions of the Senate, and, not later than 30 
     days after the date of such submission, post on the 
     Department of Health and Human Services website, a report 
     that contains the following:
       ``(A) A summary and analysis of the data and information 
     provided to the Secretary in the State reports submitted 
     under sections 658E, 658G(c), and 658K.
       ``(B) Aggregated statistics on and an analysis of the 
     supply of, demand for, and quality of child care, early 
     education, and nonschool-hour programs.
       ``(C) An assessment and, where appropriate, recommendations 
     for Congress concerning efforts that should be undertaken to 
     improve the access of the public to quality and affordable 
     child care in the United States.
       ``(D) A progress report describing the progress of the 
     States in streamlining data reporting, the Secretary's plans 
     and activities to provide technical assistance to States, and 
     an explanation of any barriers to getting data in an accurate 
     and timely manner.
       ``(2) Collection of information.--The Secretary may make 
     arrangements with resource and referral organizations, to 
     utilize the child care data system of the resource and 
     referral organizations at the national, State, and local 
     levels, to collect the information required by paragraph 
     (1)(B).
       ``(b) Grants To Improve Quality and Access.--
       ``(1) In general.--The Secretary shall award grants to 
     States, from allotments made under paragraph (2), to improve 
     the quality of and access to child care for infants and 
     toddlers, subject to the availability of appropriations for 
     this purpose.
       ``(2) Allotments.--From funds reserved under section 
     658O(a)(3) for a fiscal year, the Secretary shall allot to 
     each State an amount that bears the same relationship to such 
     funds as the amount the State receives for the fiscal year 
     under section 658 bears to the amount all States receive for 
     the fiscal year under section 658O.
       ``(c) Toll-Free Hotline.--The Secretary shall award a grant 
     or contract, or enter into a cooperative agreement for the 
     operation of a national toll-free hotline to assist families 
     in accessing local information on child care options and 
     providing consumer education materials, subject to the 
     availability of appropriations for this purpose.
       ``(d) Technical Assistance.--The Secretary shall provide 
     technical assistance to States on developing and conducting 
     the State market rates survey described in section 
     658E(c)(4)(A)(i).''.

     SEC. __19. ALLOCATION OF FUNDS FOR INDIAN TRIBES, QUALITY 
                   IMPROVEMENT, AND A HOTLINE.

       (a) In General.--Section 658O(a) of the Child Care and 
     Development Block Grant Act of 1990 (42 U.S.C. 9858m(a)) is 
     amended--
       (1) in paragraph (2), by striking ``not less than 1 
     percent, and not more than 2 percent,'' and inserting ``2 
     percent''; and
       (2) by adding at the end the following:
       ``(3) Grants to improve quality and access.--The Secretary 
     shall reserve an amount not to exceed $100,000,000 for each 
     fiscal year to carry out section 658L(b), subject to the 
     availability of appropriations for this purpose.
       ``(4) Toll-free hotline.--The Secretary shall reserve an 
     amount not to exceed $1,000,000 to carry out section 658L(c), 
     subject to the availability of appropriations for this 
     purpose.''.
       (b) Conforming Amendment.--Section 658O(c)(1) of the Child 
     Care and Development Block Grant Act of 1990 (42 U.S.C. 
     9858m(c)(1)) is amended by inserting ``(in accordance with 
     the requirements of subparagraphs (E) and (F) of section 
     658E(c)(2) for such tribes or organizations)'' after 
     ``applications under this section''.

     SEC. __20. DEFINITIONS.

       (a) Eligible Child.--Section 658P(4) of the Child Care and 
     Development Block Grant Act of 1990 (42 U.S.C. 9858n(4)) is 
     amended--
       (1) in subparagraph (B), in the matter preceding clause 
     (i), by striking ``85 percent of the State median income for 
     a family of the same size'' and inserting ``an income level 
     determined by the State involved, with priority based on need 
     as defined by the State''; and
       (2) in subparagraph (C)--
       (A) in clause (i), by striking ``a parent or parents'' and 
     inserting ``a parent (including a legal guardian or foster 
     parent) or parents''; and
       (B) by striking clause (ii) and inserting the following:
       ``(ii)(I) is receiving, or needs to receive, protective 
     services (which may include foster care) or is a child with 
     significant cognitive or physical disabilities as defined by 
     the State; and

[[Page 5887]]

       ``(II) resides with a parent (including a legal guardian or 
     foster parent) or parents not described in clause (i).''.
       (b) Child With Special Needs.--Section 658P of the Child 
     Care and Development Block Grant Act of 1990 (42 U.S.C. 
     9858n) is amended by inserting after paragraph (2) the 
     following:
       ``(3) Child with special needs.--The term `child with 
     special needs' means--
       ``(A) a child with a disability, as defined in section 602 
     of the Individuals with Disabilities Education Act (20 U.S.C. 
     1401);
       ``(B) a child who is eligible for early intervention 
     services under part C of the Individuals with Disabilities 
     Education Act (20 U.S.C. 1431 et seq.); and
       ``(C) a child with special needs, as defined by the State 
     involved.''.
       (c) Lead Agency.--Section 658P(8) of the Child Care and 
     Development Block Grant Act of 1990 (42 U.S.C. 9858n(8)) is 
     amended by striking ``section 658B(a)'' and inserting 
     ``section 658D(a)''.
       (d) Parent.--Section 658P(9) of the Child Care and 
     Development Block Grant Act of 1990 (42 U.S.C. 9858n(9)) is 
     amended by inserting ``, foster parent,'' after ``guardian''.
       (e) Native Hawaiian Organization.--Section 658P(14)(B) of 
     the Child Care and Development Block Grant Act of 1990 (42 
     U.S.C. 9858n(14)(B)) is amended by striking ``Native Hawaiian 
     Organization, as defined in section 4009(4) of the Augustus 
     F. Hawkins-Robert T. Stafford Elementary and Secondary School 
     Improvement Amendments of 1988 (20 U.S.C. 4909(4))'' and 
     inserting ``Native Hawaiian organization, as defined in 
     section 7207 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7517)''.
       (f) Redesignation.--The Child Care and Development Block 
     Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended--
       (1) by redesignating section 658P as section 658T; and
       (2) by moving that section 658T to the end of the Act.

     SEC. __21. RULES OF CONSTRUCTION.

       The Child Care and Development Block Grant Act of 1990 (as 
     amended by section __20(f)) is further amended by inserting 
     after section 658O (42 U.S.C. 9858m) the following:

     ``SEC. 658P. RULES OF CONSTRUCTION.

       ``Nothing in this subchapter shall be construed to require 
     a State to impose State child care licensing requirements on 
     any type of early childhood provider, including any such 
     provider who is exempt from State child care licensing 
     requirements on the date of enactment of the Caring for 
     Children Act of 2004.''.

    Subtitle B--Enhancing Security at Child Care Centers in Federal 
                               Facilities

     SEC. __31. DEFINITIONS.

       In this subtitle:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of General Services.
       (2) Corresponding child care facility.--The term 
     ``corresponding child care facility'', used with respect to 
     the Chief Administrative Officer of the House of 
     Representatives, the Librarian of Congress, or the head of a 
     designated entity in the Senate, means a child care facility 
     operated by, or under a contract or licensing agreement with, 
     an office of the House of Representatives, the Library of 
     Congress, or an office of the Senate, respectively.
       (3) Entity sponsoring a child care facility.--The term 
     ``entity sponsoring'', used with respect to a child care 
     facility, means a Federal agency that operates, or an entity 
     that enters into a contract or licensing agreement with a 
     Federal agency to operate, a child care facility primarily 
     for the use of Federal employees.
       (4) Executive agency.--The term ``Executive agency'' has 
     the meaning given the term in section 105 of title 5, United 
     States Code, except that the term--
       (A) does not include the Department of Defense and the 
     Coast Guard; and
       (B) includes the General Services Administration, with 
     respect to the administration of a facility described in 
     paragraph (5)(B).
       (5) Executive facility.--The term ``executive facility''--
       (A) means a facility that is owned or leased by an 
     Executive agency; and
       (B) includes a facility that is owned or leased by the 
     General Services Administration on behalf of a judicial 
     office.
       (6) Federal agency.--The term ``Federal agency'' means an 
     Executive agency, a legislative office, or a judicial office.
       (7) Judicial facility.--The term ``judicial facility'' 
     means a facility that is owned or leased by a judicial office 
     (other than a facility that is also a facility described in 
     paragraph (5)(B)).
       (8) Judicial office.--The term ``judicial office'' means an 
     entity of the judicial branch of the Federal Government.
       (9) Legislative facility.--The term ``legislative 
     facility'' means a facility that is owned or leased by a 
     legislative office.
       (10) Legislative office.--The term ``legislative office'' 
     means an entity of the legislative branch of the Federal 
     Government.

     SEC. __32. ENHANCING SECURITY.

       (a) Coverage.--
       (1) Executive branch.--The Administrator shall issue the 
     regulations described in subsection (b) for child care 
     facilities, and entities sponsoring child care facilities, in 
     executive facilities.
       (2) Legislative branch.--The Chief Administrative Officer 
     of the House of Representatives, the Librarian of Congress, 
     and the head of a designated entity in the Senate shall issue 
     the regulations described in subsection (b) for corresponding 
     child care facilities, and entities sponsoring the 
     corresponding child care facilities, in legislative 
     facilities.
       (3) Judicial branch.--The Director of the Administrative 
     Office of the United States Courts shall issue the 
     regulations described in subsection (b) for child care 
     facilities, and entities sponsoring child care facilities, in 
     judicial facilities.
       (b) Regulations.--The officers and designated entity 
     described in subsection (a) shall issue regulations that 
     concern--
       (1) matters relating to an occupant emergency plan and 
     evacuations, such as--
       (A) providing for building security committee membership 
     for each director of a child care facility described in 
     subsection (a);
       (B) establishing a separate section in an occupant 
     emergency plan for each such facility;
       (C) promoting familiarity with procedures and evacuation 
     routes for different types of emergencies (such as 
     emergencies caused by hazardous materials, a fire, a bomb 
     threat, a power failure, or a natural disaster);
       (D) strengthening onsite relationships between security 
     personnel and the personnel of such a facility, such as by 
     ensuring that the post orders of guards reflect 
     responsibility for the facility;
       (E) providing specific, clear, and concise evacuation 
     instructions for a facility, including instructions 
     specifying who authorizes an evacuation;
       (F) providing for good evacuation equipment, especially 
     cribs; and
       (G) promoting the ability to evacuate without outside 
     assistance; and
       (2) matters relating to relocation sites, such as--
       (A) promoting an informed parent body that is knowledgeable 
     about evacuation procedures and relocation sites;
       (B) providing regularly updated parent contact information 
     (regarding matters such as names, locations, electronic mail 
     addresses, and cell phone and other telephone numbers);
       (C) establishing remote telephone contact for parents, to 
     and from areas that are not less than 10 miles from such a 
     facility; and
       (D) providing for an alternate site (in addition to regular 
     sites) in the event of a catastrophe, which site may 
     include--
       (i) a site that would be an unreasonable distance from the 
     facility under normal circumstances; and
       (ii) a facility with 24-hour operations, such as a hotel or 
     law school library.

  Subtitle C--Removal of Barriers to Increasing the Supply of Quality 
                               Child Care

     SEC.__41. SMALL BUSINESS CHILD CARE GRANT PROGRAM.

       (a) Establishment.--The Secretary of Health and Human 
     Services (referred to in this section as the ``Secretary'') 
     shall establish a program to award grants to States, on a 
     competitive basis, to assist States in providing funds to 
     encourage the establishment and operation of employer-
     operated child care programs.
       (b) Application.--To be eligible to receive a grant under 
     this section, a State shall prepare and submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary may require, 
     including an assurance that the funds required under 
     subsection (e) will be provided.
       (c) Amount of Grant.--The Secretary shall determine the 
     amount of a grant to a State under this section based on the 
     population of the State as compared to the population of all 
     States receiving grants under this section.
       (d) Use of Funds.--
       (1) In general.--A State shall use amounts provided under a 
     grant awarded under this section to provide assistance to a 
     consortium of a small business and other appropriate entities 
     located in the State to enable the small businesses to 
     establish and operate child care programs. Such assistance 
     may include--
       (A) the acquisition, construction, renovation, and 
     operation of child care facilities and equipment;
       (B) technical assistance in the establishment of a child 
     care program;
       (C) assistance for the startup costs related to a child 
     care program;
       (D) assistance for the training of child care providers;
       (E) scholarships for low-income wage earners;
       (F) the provision of services to care for sick children or 
     to provide care to school-aged children;
       (G) the entering into of contracts with local resource and 
     referral or local health departments;
       (H) assistance for care for children with disabilities; or
       (I) assistance for any other activity determined 
     appropriate by the State (including loans, grants, investment 
     guarantees, interest subsidies, or other mechanisms to expand

[[Page 5888]]

     the availability of, and improve the quality of, employer-
     operated child care in the State).
       (2) Application.--To be eligible to receive assistance from 
     a State under this section, a consortium shall prepare and 
     submit to the State an application at such time, in such 
     manner, and containing such information as the State may 
     require.
       (3) Preference.--In providing assistance under this 
     section, a State shall give priority to a consortium that 
     desires to provide child care in a geographic area within the 
     State where such care is not generally available or 
     accessible.
       (4) Limitation.--With respect to grant funds received under 
     this section, a State may not provide in excess of $500,000 
     in assistance from such funds to any single applicant.
       (e) Matching Requirement.--To be eligible to receive a 
     grant under this section, a State shall provide assurances to 
     the Secretary that, with respect to the costs to be incurred 
     by a consortium receiving assistance from the State to carry 
     out activities under this section--
       (1) the consortium will make available non-Federal 
     contributions to such costs in an amount equal to--
       (A) for the first fiscal year in which the consortium 
     receives such assistance, not less than 50 percent of such 
     costs;
       (B) for the second fiscal year in which the consortium 
     receives such assistance, not less than 66\2/3\ percent of 
     such costs; and
       (C) for the third fiscal year in which the consortium 
     receives such assistance, not less than 75 percent of such 
     costs; and
       (2) the consortium will make the contributions available--
       (A) directly or through donations from public or private 
     entities; and
       (B) as determined by the State, in cash or in kind, fairly 
     evaluated, including plant, equipment, or services.
       (f) Requirements of Providers.--To be eligible to receive 
     assistance under a grant awarded under this section, a child 
     care provider--
       (1) who receives assistance from a State shall comply with 
     all applicable State and local licensing and regulatory 
     requirements and all applicable health and safety standards 
     in effect in the State; and
       (2) who recieves assistance from an Indian tribe or tribal 
     organization shall comply with all applicable regulatory 
     standards.
       (g) State-Level Activities.--A State may not retain more 
     than 3 percent of the amount described in subsection (c) for 
     State administration and other State-level activities.
       (h) Administration.--
       (1) State responsibility.--A State shall have 
     responsibility for administering a grant awarded for the 
     State under this section and for monitoring consortia that 
     receive assistance under such grant.
       (2) Audits.--A State shall require each consortium 
     receiving assistance under a grant awarded under this section 
     to conduct an annual audit with respect to the activities of 
     the consortium. Such audits shall be submitted to the State.
       (3) Misuse of funds.--
       (A) Repayment.--If the State determines, through an audit 
     or otherwise, that a consortium receiving assistance under a 
     grant awarded under this section has misused the assistance, 
     the State shall notify the Secretary of the misuse. The 
     Secretary, upon such a notification, may seek from such a 
     consortium the repayment of an amount equal to the amount of 
     any such misused assistance plus interest.
       (B) Appeals process.--The Secretary shall by regulation 
     provide for an appeals process with respect to repayments 
     under this paragraph.
       (i) Reporting Requirements.--
       (1) 2-year study.--
       (A) In general.--Not later than 2 years after the date on 
     which the Secretary first awards grants under this section, 
     the Secretary shall conduct a study to determine--
       (i) the capacity of consortia to meet the child care needs 
     of communities within States;
       (ii) the kinds of consortia that are being formed with 
     respect to child care at the local level to carry out 
     programs funded under this section; and
       (iii) who is using the programs funded under this section 
     and the income levels of such individuals.
       (B) Report.--Not later than 28 months after the date on 
     which the Secretary first awards grants under this section, 
     the Secretary shall prepare and submit to the appropriate 
     committees of Congress a report on the results of the study 
     conducted in accordance with subparagraph (A).
       (2) 4-year study.--
       (A) In general.--Not later than 4 years after the date on 
     which the Secretary first awards grants under this section, 
     the Secretary shall conduct a study to determine the number 
     of child care facilities that are funded through consortia 
     that received assistance through a grant awarded under this 
     section and that remain in operation and the extent to which 
     such facilities are meeting the child care needs of the 
     individuals served by such facilities.
       (B) Report.--Not later than 52 months after the date on 
     which the Secretary first awards grants under this section, 
     the Secretary shall prepare and submit to the appropriate 
     committees of Congress a report on the results of the study 
     conducted in accordance with subparagraph (A).
       (j) Definitions.--In this section:
       (1) Consortium.--The term ``consortium'' means 2 or more 
     entities that--
       (A) shall include at least 1 small business; and
       (B) may include other small businesses, nonprofit agencies 
     or community development corporations, local governments, or 
     other appropriate entities.
       (2) Indian community.--The term ``Indian community'' means 
     a community served by an Indian tribe or tribal organization.
       (3) Indian tribe; tribal organization.--The terms ``Indian 
     tribe'' and ``tribal organization'' have the meanings given 
     the terms in section 658T of the Child Care and Development 
     Block Grant Act of 1990 (42 U.S.C. 9858n).
       (4) Small business.--The term ``small business'' means an 
     employer who employed an average of at least 2 but not more 
     than 50 employees on business days during the preceding 
     calendar year.
       (k) Application to Indian Tribes and Tribal 
     Organizations.--In this section:
       (1) In general.--Except as provided in subsection (f)(1), 
     and in paragraphs (2) and (3), the term ``State'' includes an 
     Indian tribe or tribal organization.
       (2) Geographic references.--The term ``State'' includes an 
     Indian community in subsections (c) (the second and third 
     place the term appears), (d)(1) (the second place the term 
     appears), (d)(1)(I) (the second place the term appears), 
     (d)(3) (the second place the term appears), and (i)(1)(A)(i).
       (3) State-level activities.--The term ``State-level 
     activities'' includes activities at the tribal level.
       (l) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section, $30,000,000 for the period of fiscal 
     years 2005 through 2009.
       (2) Evaluations and administration.--With respect to the 
     total amount appropriated for such period in accordance with 
     this subsection, not more than $2,500,000 of that amount may 
     be used for expenditures related to conducting evaluations 
     required under, and the administration of, this section.
       (m) Termination of Program.--The program established under 
     subsection (a) shall terminate on September 30, 2010.
                                 ______
                                 
  SA 2968. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill H.R. 4, to reauthorize and improve the program of 
block grants to States for temporary assistance for needy families, 
improve access to quality child care, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 181, between lines 7 and 8, insert the following:
       (e) Authority To Use Funds for Certain Education and 
     Training.--Section 404 (42 U.S.C. 604), as amended by 
     subsection (d) is amended by adding at the end the following:
       ``(m) Authority To Use Funds for Certain Education and 
     Training.--A State to which a grant is made under section 403 
     may use the grant to provide education and training to 
     support adult recipients in self-employment activities.''.
                                 ______
                                 
  SA 2969. Mr. AKAKA submitted an amendment intended to be proposed by 
him to the bill H.R. 4, to reauthorize and improve the program of block 
grants to States for temporary assistance for needy families, improve 
access to quality child care, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 295, between lines 10 and 11, insert the following:

     SEC. 121. EXCEPTION FOR CITIZENS OF FREELY ASSOCIATED STATES.

       (a) General.--Section 402(a)(2) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1612(a)(2)) is amended by adding at the end 
     the following
       ``(M) Exception for citizens of freely associated states.--
     With respect to eligibility for benefits for the specified 
     Federal programs described in subparagraphs (A) and (B) of 
     paragraph (3), paragraph (1) shall not apply to any 
     individual who lawfully resides in the United States 
     (including territories and possessions of the United States) 
     in accordance with--
       ``(i) section 141 of the Compact of Free Association 
     between the Government of the United States and the 
     Government of the Federated States of Micronesia, approved by 
     Congress in the Compact of Free Association Amendments Act of 
     2003;
       ``(ii) section 141 of the Compact of Free Association 
     between the Government of the United States and the 
     Government of the Republic of the Marshall Islands, approved 
     by Congress in the Compact of Free Association Amendments Act 
     of 2003; or
       ``(iii) section 141 of the Compact of Free Association 
     between the Government of the

[[Page 5889]]

     United States and the Government of Palau, approved by 
     Congress in Public Law 99-658 (100 Stat. 3672).''.
       (b) Medicaid and TANF Exceptions.--Section 402(b)(2) of the 
     Personal Responsibility and Work Opportunity Reconciliation 
     Act of 1996 (8 U.S.C. 1612(b)(2)) is amended by adding at the 
     end the following:
       ``(G) Medicaid exception for citizens of freely associated 
     states.--With respect to eligibility for benefits for the 
     program defined in paragraph (3)(C) (relating to the medicaid 
     program), section 401(a) and paragraph (1) shall not apply to 
     any individual who lawfully resides in the United States 
     (including territories and possessions of the United States) 
     in accordance with a Compact of Free Association referred to 
     in section 402(a)(2)(M).
       ``(H) TANF exception for citizens of freely associated 
     states.--With respect to eligibility for benefits for the 
     program defined in paragraph (3)(A) (relating to the 
     temporary assistance for needy families program), section 
     401(a) and paragraph (1) shall not apply to any individual 
     who lawfully resides in the United States (including 
     territories and possessions of the United States) in 
     accordance with a Compact of Free Association referred to in 
     section 402(a)(2)(M).''.
       (c) Qualified Alien.--Section 431(b) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1641(b)) is amended--
       (1) in paragraph (6), by striking ``or'' at the end;
       (2) in paragraph (7), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(8) an individual who lawfully resides in the United 
     States (including territories and possessions of the United 
     States) in accordance with a Compact of Free Association 
     referred to in section 402(a)(2)(M).''.
                                 ______
                                 
  SA 2970. Mr. BAUCUS (for himself, Mr. Harkin, and Mr. Carper) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4, to reauthorize and improve the program of block grants to States for 
temporary assistance for needy families, improve access to quality 
child care, and for other purposes; which was ordered to lie on the 
table; as follows:

       Beginning on page 152, strike line 1 and all that follows 
     through page 157, line 18, and insert the following:

     SEC. 103. HEALTHY MARRIAGE PROMOTION GRANTS.

       (a) In General.--Section 403(a)(2) (42 U.S.C. 603(a)(2)) is 
     amended to read as follows:
       ``(2) Healthy marriage promotion grants.--
       ``(A) Authority.--
       ``(i) In general.--From the amount appropriated under 
     subparagraph (F) for a fiscal year and remaining after the 
     application of clauses (ii), (iii), and (iv) of this 
     subparagraph and subparagraph (E)(iii), the Secretary shall 
     pay each State that satisfies the requirements of 
     subparagraph (D), a grant equal to the product of--

       ``(I) such amount; and
       ``(II) the ratio (expressed as a percentage) of--

       ``(aa) the population of the State for the most recent year 
     for which data is available; to
       ``(bb) the population of all States for such year.
       ``(ii) Requirement.--No State shall be paid a grant for a 
     fiscal year under this paragraph that is less than 
     $1,000,000.
       ``(iii) Indian tribes.--From the amount appropriated under 
     subparagraph (F) for a fiscal year, the Secretary shall set 
     aside an amount equal to 2 percent of such amount for making 
     grants to Indian tribes that satisfy the requirements of 
     subparagraph (D).
       ``(iv) Territories.--

       ``(I) In general.--From the amount appropriated under 
     subparagraph (F) for a fiscal year, the Secretary shall set 
     aside $1,000,000 of such amount for purposes of making grants 
     to territories described in subclause (III) that satisfy the 
     requirements of subparagraph (D).
       ``(II) Amount of grant.--The amount of a grant made under 
     this clause for a fiscal year is equal to the product of--

       ``(aa) $1,000,000; and
       ``(bb) the ratio (expressed as a percentage) of the 
     population of the territory for the most recent year for 
     which data is available to the population of all the 
     territories described in subclause (III) for such year.

       ``(III) Territory described.--For purposes of subclause 
     (I), a territory described in this subclause is Puerto Rico, 
     Guam, the United States Virgin Islands, and American Samoa.

       ``(B) Matching funds.--A State or Indian tribe that 
     receives a grant under this paragraph for a fiscal year shall 
     expend at least $1 in non-Federal funds (in cash or in kind, 
     fairly valued, including plant, equipment, or services) for 
     every $4 of funds paid to the State or Indian tribe under 
     this paragraph for the fiscal year.
       ``(C) Healthy marriage promotion activities.--Funds 
     provided under a grant made under this paragraph shall be 
     used for the cost of developing and implementing 
     demonstration projects to promote stronger families, with an 
     emphasis on the promotion of healthy marriages, through the 
     testing and evaluation of a wide variety of approaches to 
     strengthening families and shall be used to support any of 
     the following programs or activities:
       ``(i) Public advertising campaigns on the value of marriage 
     and the skills needed to increase marital stability and 
     health.
       ``(ii) Voluntary marriage education and marriage skills 
     programs for nonmarried pregnant women and nonmarried 
     expectant fathers.
       ``(iii) Voluntary premarital education and marriage skills 
     training for engaged couples and for couples interested in 
     marriage.
       ``(iv) Voluntary marriage enhancement and marriage skills 
     training programs for married couples.
       ``(v) Marriage mentoring programs that use married couples 
     as role models and mentors in at-risk communities.
       ``(vi)(I) Programs that offer individuals and families with 
     multiple barriers to economic self-sufficiency and stability 
     services that include community-based comprehensive, family 
     development services provided by local organizations that 
     have demonstrated experience and success in administering 
     similar initiatives that encourage the formation and 
     maintenance of healthy and economically self-sufficient 
     families.
       ``(II) Programs under clause (I) shall provide a mix of 
     comprehensive services and supports that further develop the 
     capability of low-income parents to financially and 
     emotionally support their children by caring for their 
     children independently or in the context of mutually 
     respectful, non-violent, and voluntary co-parenting 
     relationships, securing and maintaining employment and child 
     care, fulfilling other basic needs such as housing, hunger, 
     mental health and health care, adopting appropriate 
     approaches to income enhancement, and meeting child support 
     obligations, linkages to community resources and other skills 
     that will lead to greater family stability (including 
     programs that replicate or adapt the Iowa Family Development 
     and Self-Sufficiency Program and the demonstration program 
     known as the Minnesota Family Investment Program).
       ``(III) The Secretary shall give preference in making 
     awards under this paragraph to programs described in this 
     clause.
       ``(vii) Teen pregnancy prevention programs.
       ``(viii) Development and dissemination of best practices 
     for addressing domestic and sexual violence as a barrier to 
     economic security, including caseworker training, technical 
     assistance, and voluntary services for victims.
       ``(ix) Responsible fatherhood programs.
       ``(D) Requirements for receipt of payment.--The Secretary 
     may not make a grant to a State or Indian tribe under this 
     paragraph unless the State or Indian tribe--
       ``(i) consults with national, State, local, or tribal 
     organizations with demonstrated expertise in working with 
     survivors of domestic violence;
       ``(ii) agrees to participate in the evaluation conducted 
     under subparagraph (E);
       ``(iii) ensures that each sub-grantee complies with the 
     requirements of clauses (i) and (ii);
       ``(iv) provides for a period of public comment on the use 
     of funds paid to the State or Indian tribe under this 
     paragraph; and
       ``(v) makes all sub-grant applications approved by the 
     State or Indian tribe available to the public.
       ``(E) Evaluation.--
       ``(i) In general.--The Director of the National Academy of 
     Sciences shall conduct, directly or through contracts, a 
     rigorous comprehensive evaluation of a representative sample 
     of the programs and activities described in subparagraph (C) 
     and carried out with funds paid under this paragraph. The 
     Director shall seek public input on both the methods and 
     measures to be used in the evaluation.
       ``(ii) Required information.--The evaluation conducted 
     under this subparagraph shall, with respect to each program 
     and activity described in subparagraph (C), include measures 
     of family structure, levels of family conflict and violence, 
     and child well-being (including measures of health status, 
     educational performance, food security, and family income).
       ``(iii) Funding.--$5,000,000 of the amount appropriated 
     under subparagraph (G) for each fiscal year shall be reserved 
     for carrying out the evaluation required under this 
     subparagraph.
       ``(F) Reports.--
       ``(i) Initial report.--Not later than September 30, 2007, 
     the Secretary shall submit an initial report to Congress 
     describing the programs and activities funded under grants 
     made under this paragraph.
       ``(ii) Initial evaluation findings.--Not later than 
     September 30, 2008, the Director of the National Academy of 
     Sciences shall submit a report to Congress describing the 
     initial findings of the evaluation conducted under 
     subparagraph (E).
       ``(iii) Final reports.--Not later than September 30, 2010, 
     the Secretary and the Director of the National Academy of 
     Sciences shall each submit final reports on the activities 
     funded under grants made under this

[[Page 5890]]

     paragraph and the evaluation conducted under subparagraph 
     (E), respectively.
       ``(iv) GAO.--Not later than September 30, 2008, the 
     Comptroller General of the United States shall submit a 
     report to the Chairman and Ranking Member of the Committee on 
     Ways and Means of the House of Representatives and the 
     Chairman and Ranking Member of the Committee on Finance of 
     the Senate describing--

       ``(I) the programs and activities supported by grants made 
     under this paragraph; and
       ``(II) the results of such programs and activities.

       ``(G) Appropriation.--Out of any money in the Treasury of 
     the United States not otherwise appropriated, there is 
     appropriated for each of fiscal years 2004 through 2008, 
     $200,000,000 for purposes of carrying out this paragraph.''.
       (b) Elimination of Funding for Research, Demonstrations, 
     and Technical Assistance.--Notwithstanding any other 
     provision of law, section 413 of the Social Security Act (42 
     U.S.C. 613) shall be applied without regard to the amendment 
     made by section 114(a) of this Act.
                                 ______
                                 
  SA 2971. Mr. BAUCUS (for himself, Mr. Daschle, Mr. Lautenberg, Mr. 
Graham of Florida, Mr. Kennedy, and Mrs. Clinton) submitted an 
amendment intended to be proposed by him to the bill H.R. 4, to 
reauthorize and improve the program of block grants to States for 
temporary assistance for needy families, improve access to quality 
child care, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. DIRECT CONGRESSIONAL ACCESS TO THE OFFICE OF THE 
                   CHIEF ACTUARY IN THE CENTERS FOR MEDICARE & 
                   MEDICAID SERVICES.

       (a) Findings.--Congress finds the following:
       (1) In creating the Office of the Actuary in the Health 
     Care Financing Administration (now known as the Centers for 
     Medicare & Medicaid Services) with the enactment of the 
     Balanced Budget Act of 1997, Congress intended that the 
     Office would provide independent advice and analysis to 
     assist in the development of health care legislation.
       (2) While the Congressional Budget Office would continue to 
     serve as the official source for cost estimates for Congress, 
     Congress created the Office of the Actuary in order to have--
       (A) an additional, independent source for estimates in the 
     development of health care legislation; and
       (B) access to more detailed actuarial data and assumptions 
     related to program participation, payments, and costs.
       (3) While the joint explanatory statement of the committee 
     of conference contained in the conference report for the 
     Balanced Budget Act of 1997 provided a clear statement of the 
     Congressional intent described in paragraphs (1) and (2), 
     Congressional access to the Office of the Actuary has been 
     inappropriately restricted over the past year.
       (b) Access.--Section 1117(b) of the Social Security Act (42 
     U.S.C. 1317(b)), as amended by section 900(c) of the Medicare 
     Prescription Drug, Improvement, and Modernization Act of 2003 
     (Public Law 108-173), is amended by adding at the end the 
     following new paragraphs:
       ``(4)(A) In exercising the duties of the office of the 
     Chief Actuary, the Chief Actuary shall provide the committees 
     of jurisdiction of Congress with independent counsel and 
     technical assistance with respect to the programs under 
     titles XVIII, XIX, and XXI.
       ``(B)(i) The Chief Actuary may directly provide Congress 
     with reports, comments on, and estimates of, the financial 
     effects of potential legislation, and other actuarial 
     information related to the programs described in subparagraph 
     (A).
       ``(ii) No officer or agency of the United States may 
     require the Chief Actuary to submit to any officer or agency 
     of the United States for approval, comments, or review, prior 
     to the provision to Congress of such reports, comments, 
     estimates, or other information.
       ``(C)(i) Any person who knowingly interferes with the Chief 
     Actuary in complying with subparagraph (A) or (B)(i) or who 
     knowingly violates the requirement under subparagraph (B)(ii) 
     shall be subject, in addition to any other penalties that may 
     be prescribed by law, to a civil monetary penalty of not more 
     than $250,000 for each violation involved.
       ``(ii) The provisions of section 1128A (other than 
     subsections (a) and (b)) shall apply to a civil money penalty 
     under clause (i) in the same manner as they apply to a civil 
     money penalty or proceeding under section 1128A(a).
       ``(5) Beginning in 2005, on the same day the President 
     submits to Congress the budget of the United States 
     Government for the following fiscal year, the Chief Actuary 
     shall submit to Congress, and publish on the Internet website 
     of the Centers for Medicare & Medicaid Services, a report 
     that contains--
       ``(A) the Chief Actuary's 10-year projections and 
     assumptions with respect to the programs under titles XVIII, 
     XIX, and XXI, based on current-law baselines with respect to 
     such programs; and
       ``(B) cost estimates for proposed changes to the programs 
     under titles XVIII, XIX, and XXI that are contained in such 
     budget submission.''.
                                 ______
                                 
  SA 2972. Mr. BAUCUS (for himself, Mr. Daschle, Mr. Johnson, Mr. 
Bingaman, Mr. Akaka, and Mr. Inouye) submitted an amendment intended to 
be proposed by him to the bill H.R. 4, to reauthorize and improve the 
program of block grants to States for temporary assistance for needy 
families, improve access to quality child care, and for other purposes; 
which was ordered to lie on the table; as follows:

       Beginning on page 236, strike line 21 and all that follows 
     through page 239, line 8, and insert the following:

     SEC. 113. DIRECT FUNDING AND ADMINISTRATION BY INDIAN TRIBES.

       (a) Tribal TANF Programs.--
       (1) Findings.--Congress makes the following findings:
       (A) The Federal Government bears a unique trust 
     responsibility for Indian tribes.
       (B) Despite this responsibility, Indians remain remarkably 
     impoverished. According to the Bureau of the Census, 25.9 
     percent of American Indians live in poverty, more than twice 
     the national poverty rate. The average household income for 
     Indians in 2000 was only 75 percent of that of the rest of 
     Americans.
       (C) In some States with substantial Indian populations, the 
     percentage of the welfare caseload that is made up of Indians 
     has increased since the enactment of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 because some Indians face substantial barriers in their 
     moving from welfare to work.
       (D) A General Accounting Office review of data from the 
     Bureau of the Census found that 25 of the 26 counties in the 
     United States with a majority of American Indians had poverty 
     rates ``significantly'' higher than average.
       (E) Many Indian tribes are located in isolated rural areas 
     that lack sufficient economic opportunities, including jobs 
     and economic development, transportation services, child 
     care, and other services necessary to ensure a successful 
     transition from welfare to work.
       (F) Tribal temporary assistance to needy families programs 
     have demonstrated remarkable success in moving Indians from 
     welfare to work.
       (G) Tribal governments, unlike State governments, have not 
     been afforded an opportunity to administer and fully 
     participate in the Federal entitlement program for foster 
     care and adoption assistance, a program Congress recognizes 
     as an important component of welfare services.
       (H) Welfare reform has not brought enough change to Indian 
     Country. Welfare reform has not, and will not, succeed unless 
     it adequately addresses the unique barriers many Indians face 
     in moving from welfare to work.
       (2) Funding for tribal tanf programs.--
       (A) Reauthorization of tribal family assistance grants.--
     Section 412(a)(1)(A) (42 U.S.C. 612(a)(1)(A)), as amended by 
     section 3(h) of the Welfare Reform Extension Act of 2003, is 
     amended by striking ``1997, 1998, 1999, 2000, 2001, 2002, and 
     2003'' and inserting ``2005 through 2009''.
       (B) Tribal tanf improvement fund.--Section 412(a) (42 
     U.S.C. 612(a)) is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) Tribal tanf improvement grants.--
       ``(A) Tribal capacity grants.--
       ``(i) In general.--Of the amount appropriated under 
     subparagraph (D) for the period of fiscal years 2005 through 
     2008, $35,000,000 shall be used by the Secretary to award 
     grants for tribal human services program infrastructure 
     improvement (as defined in clause (v)) to--

       ``(I) Indian tribes that have applied for approval of a 
     tribal family assistance plan and that meet the requirements 
     of clause (ii)(I);
       ``(II) Indian tribes with an approved tribal family 
     assistance plan and that meet the requirements of clause 
     (ii)(II); and
       ``(III) Indian tribes that have applied for approval of a 
     foster care and adoption assistance program under section 
     479B or that plan to enter into, or have in place, a tribal-
     State cooperative agreement under section 479B(c) and that 
     meet the requirements of clause (ii)(III).

       ``(ii) Priorities for awarding of grants.--The Secretary 
     shall give priority in awarding grants under this 
     subparagraph as follows:

       ``(I) First, for grants to Indian tribes that have applied 
     for approval of a tribal family assistance plan, that have 
     not operated such a plan as of the date of enactment of the 
     Personal Responsibility and Individual Development for 
     Everyone Act that will have such plan approved, and that 
     include in the plan submission provisions for tribal human 
     services program infrastructure improvement (as so defined) 
     and related management information systems training.
       ``(II) Second, for Indian tribes with an approved tribal 
     family assistance plan that are not described in subclause 
     (I) and that submit an addendum to such plan that includes

[[Page 5891]]

     provisions for tribal human services program infrastructure 
     improvement that includes implementing or improving 
     management information systems of the tribe (including 
     management information systems training), as such systems 
     relate to the operation of the tribal family assistance plan.
       ``(III) Third, for Indian tribes that have applied for 
     approval of a foster care and adoption assistance program 
     under section 479B or that plan to enter into, or have in 
     place, a tribal-State cooperative agreement under section 
     479B(c) and that include in the plan submission under section 
     471 (or in an addendum to such plan) provisions for tribal 
     human services program infrastructure improvement (as so 
     defined) and related management information systems training.

       ``(iii) Other requirements for awarding grants.--In 
     awarding grants under this subparagraph, the Secretary--

       ``(I) may not award an Indian tribe more than 1 grant under 
     this subparagraph per fiscal year;
       ``(II) shall award grants in such a manner as to maximize 
     the number of Indian tribes that receive grants under this 
     subparagraph; and
       ``(III) shall consult with Indian tribes located throughout 
     the United States.

       ``(iv) Application.--An Indian tribe desiring a grant under 
     this subparagraph shall submit an application to the 
     Secretary, at such time, in such manner, and containing such 
     information as the Secretary may require.
       ``(v) Definition of human services program infrastructure 
     improvement.--In this subparagraph, the term `human services 
     program infrastructure improvement' includes (but is not 
     limited to) improvement of management information systems, 
     management information systems-related training, equipping 
     offices, and renovating, but not constructing, buildings, as 
     described in an application for a grant under this 
     subparagraph, and subject to approval by the Secretary.
       ``(B) Tribal development grants.--
       ``(i) In general.--Of the amount appropriated under 
     subparagraph (D) for the period of fiscal years 2005 through 
     2008, $35,000,000 shall be used by the Secretary to award, 
     through the Commissioner of the Administration for Native 
     Americans, grants to nonprofit organizations, Indian tribes, 
     and tribal organizations to enable such organizations and 
     tribes to provide technical assistance to Indian tribes and 
     tribal organizations in any or all of the following areas:

       ``(I) The development and improvement of uniform commercial 
     codes.
       ``(II) The creation or expansion of small business or 
     microenterprise programs.
       ``(III) The development and improvement of tort liability 
     codes.
       ``(IV) The creation or expansion of tribal marketing 
     efforts.
       ``(V) The creation or expansion of for-profit collaborative 
     business networks.
       ``(VI) The development of innovative uses of 
     telecommunications to assist with distance learning or 
     telecommuting.
       ``(VII) The development of economic opportunities and job 
     creation in areas of high joblessness in Alaska (as defined 
     in section 408(a)(7)(D)(ii)).

       ``(ii) Requirements.--

       ``(I) In general.--At least an amount equal to 10 percent 
     of the total amount of grants awarded under this subparagraph 
     shall be awarded to carry out clause (i)(VII).
       ``(II) Consultation.--In awarding grants under this 
     subparagraph the Secretary shall consult with other Federal 
     agencies with expertise in the areas described in clause (i).

       ``(iii) Application.--A nonprofit organization, Indian 
     tribe, or tribal organization desiring a grant under this 
     subparagraph shall submit an application to the Secretary at 
     such time, in such manner, and containing such information as 
     the Secretary may require.
       ``(C) Technical assistance.--
       ``(i) In general.--Of the amount appropriated under 
     subparagraph (D) for the period of fiscal years 2005 through 
     2008, $5,000,000 shall be used by the Secretary for making 
     grants, or entering into contracts, to provide technical 
     assistance to Indian tribes--

       ``(I) in applying for or carrying out a grant made under 
     this paragraph;
       ``(II) in applying for or carrying out a tribal family 
     assistance plan under this section; or
       ``(III) related to best practices and approaches for State 
     and tribal coordination on the transfer of the administration 
     of social services programs to Indian tribes.

       ``(ii) Reservation of funds.--Not less than--

       ``(I) $2,500,000 of the amount described in clause (i) 
     shall be used by the Secretary to support, through grants or 
     contracts, peer-learning programs among tribal 
     administrators; and
       ``(II) $1,000,000 of such amount shall be used by the 
     Secretary for making grants to Indian tribes to conduct 
     feasibility studies of the capacity of Indian tribes to 
     operate tribal family assistance plans under this part.

       ``(D) Appropriation.--Out of any money in the Treasury of 
     the United States not otherwise appropriated, there is 
     appropriated $75,000,000 for the period of fiscal years 2005 
     through 2008 to carry out this paragraph. Amounts 
     appropriated under this subparagraph shall remain available 
     until expended.''.
       (C) Conforming amendment.--Section 405(a) (42 U.S.C. 
     605(a)) is amended by striking ``section 403'' and inserting 
     ``sections 403 and 412(a)(2)(C)''.
       (3) Eligibility for contingency fund.--
       (A) In general.--Section 403(b)(1) (42 U.S.C. 603(b)(3)), 
     as amended by section 102(a)(1), is amended--
       (i) in subparagraph (A), by striking ``subparagraph (C)'' 
     and inserting ``subparagraphs (C) and (D)'';
       (ii) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (E) and (F), respectively; and
       (iii) by inserting after subparagraph (C), the following:
       ``(D) Payments to indian tribes.--
       ``(i) In general.--Of the total amount appropriated 
     pursuant to subparagraph (F), $25,000,000 of such amount 
     shall be reserved for making payments to Indian tribes with 
     approved tribal family assistance plans that are operating in 
     situations of increased economic hardship.
       ``(ii) Determination of criteria for tribal access.--

       ``(I) In general.--Subject to subclause (II), the 
     Secretary, in consultation with Indian tribes with approved 
     tribal family assistance plans, shall determine the criteria 
     for access by Indian tribes to the amount reserved under 
     clause (i).
       ``(II) Inclusion of certain factors.--Such criteria shall 
     include factors related to increases in unemployment and loss 
     of employers.

       ``(iii) Application of requirements for payments to 
     states.--The Secretary, in consultation with Indian tribes 
     with approved tribal family assistance plans located 
     throughout the United States, shall determine the extent to 
     which requirements of States for payments from the 
     contingency fund established under this subsection shall 
     apply to Indian tribes receiving payments under this 
     subparagraph.''.
       (B) Conforming amendments.--Section 403(b)(1)(B) (42 U.S.C. 
     603(b)(1)(B)), as so amended, is further amended--
       (i) in the matter preceding clause (i), by striking 
     ``subparagraph (D)(i)'' and inserting ``subparagraph 
     (E)(i)'';
       (ii) in clause (i), by striking ``subparagraph (D)(ii)'' 
     and inserting ``subparagraph (E)(ii)''; and
       (iii) in clause (ii), by striking ``subparagraph (D)(iii)'' 
     and inserting ``subparagraph (E)(iii)''.
       (4) Tribal job training programs.--
       (A) Tribal employment services programs.--
       (i) In general.--Section 412(a) (42 U.S.C. 612(a)), as 
     amended by paragraph (2)(B), is amended by adding at the end 
     the following:
       ``(4) Grants for tribal employment services programs.--
       ``(A) Purpose.--The purpose of this paragraph is to support 
     comprehensive services to enable eligible beneficiaries to 
     support themselves through employment without requiring cash 
     benefits from public assistance programs for themselves or 
     their families.
       ``(B) Statement of policy.--The programs funded under 
     grants made under this paragraph shall be administered in a 
     manner consistent with the principles of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.) and the government-to-government relationship between 
     the Federal Government and Indian tribal governments.
       ``(C) Definitions.--In this paragraph:
       ``(i) Alaska native organization.--The term `Alaska Native 
     organization' has the meaning given the term `Indian tribe' 
     with respect to the State of Alaska in section 419(4)(B).
       ``(ii) Department.--Unless otherwise specified, the term 
     `Department' means the Department of Labor.
       ``(iii) Eligible beneficiary.-- The term `eligible 
     beneficiary' means--

       ``(I) an individual who is an Indian or Alaska Native 
     receiving or eligible to receive cash benefits for the 
     individual or the individual's family under the State program 
     funded under this part, a tribal family assistance program 
     under this section, or the General Assistance program;
       ``(II) an individual who is an Indian or Alaska Native 
     transitioning from receipt of cash benefits under any such 
     programs to employment;
       ``(III) an individual who is an Indian or Alaska Native 
     with a history of long-term dependence (as defined in clause 
     (v)) on cash benefits under any such programs or under the 
     aid for families with dependent children program under this 
     part (as in effect before August 22, 1996);
       ``(IV) an individual who is an Indian or Alaska Native who 
     is a non-custodial parent of a minor child receiving, 
     eligible to receive, or with a history of receiving cash 
     benefits under any such programs, or an individual who has an 
     obligation to provide support for such children; or
       ``(V) an individual who is an Indian or Alaska Native and 
     is a member of a family who is at risk of becoming dependent 
     on cash benefits under any such programs or who has

[[Page 5892]]

     exhausted eligibility for such benefits because of the 
     application of time limits on benefits.

       ``(iv) General assistance.--The term `General Assistance' 
     means the General Assistance program supported through the 
     Bureau of Indian Affairs in the Department of the Interior.
       ``(v) Long-term dependence.--The term `long-term 
     dependence' means receipt of cash benefits under a program 
     referred to in clause (iii)(III) for at least 24 months, 
     which need not be consecutive.
       ``(vi) Secretary.--Unless otherwise specified, the term 
     `Secretary' means the Secretary of Labor.
       ``(D) Authority to make grants.--
       ``(i) Direct services.--The Secretary shall make grants to 
     Indian tribes, tribal organizations, and Alaska Native 
     organizations on the basis of a formula determined in 
     accordance with subparagraph (H)(ii) to carry out the 
     activities described in subparagraph (E).
       ``(ii) Program support.--The Secretary shall, through 
     grants or contracts with entities, or interagency agreements, 
     carry out the activities described in subparagraph (F).
       ``(iii) Appropriation.--

       ``(I) In general.--Out of any money in the Treasury of the 
     United States not otherwise appropriated, there is 
     appropriated $37,000,000 for each of fiscal years 2005 
     through 2009 to carry out this paragraph.
       ``(II) Reservation of funds for program support.--The 
     Secretary may reserve an amount equal to not more than 1.5 
     percent of the amount appropriated under subclause (I) for a 
     fiscal year to make grants or enter into contracts under 
     clause (ii).

       ``(E) Direct service activities.--
       ``(i) In general.--A recipient of a grant made under 
     subparagraph (D)(i) shall use the funds provided under the 
     grant to support any services which may be useful in 
     preparing eligible beneficiaries to enter or reenter the 
     workforce, to retain employment or to advance to positions 
     which may enable the eligible beneficiary and the 
     beneficiary's family to become economically self-sufficient.
       ``(ii) Services permitted.--Services provided with funds 
     made available under a grant made under subparagraph (D)(i) 
     may include--

       ``(I) assessment;
       ``(II) education;
       ``(III) job readiness and placement;
       ``(IV) occupational training (including on-the-job 
     training);
       ``(V) work experience;
       ``(VI) wage subsidies;
       ``(VII) job retention;
       ``(VIII) job creation specifically for eligible 
     beneficiaries;
       ``(IX) case management;
       ``(X) counseling;
       ``(XI) supportive services, including (but not limited to) 
     child care, transportation, mental health and substance abuse 
     treatment, and prevention services important to 
     employability; and
       ``(XII) counseling and other services to promote marriage, 
     discourage teen pregnancies, assist in the formation and 
     stabilization of 2-parent families, and address situations 
     involving domestic violence.

       ``(iii) Retention of eligibility for other services.--An 
     eligible beneficiary who receives services through funds 
     provided under a grant made under subparagraph (D)(i) shall 
     not be precluded from receiving other services from any 
     State, local, or tribal government agency, or any other 
     entity.
       ``(iv) Disregard.--Income or services received by an 
     eligible beneficiary under this paragraph shall be 
     disregarded for purposes of determining eligibility for 
     benefits under any means-tested program for which the 
     eligibility requirements are established under Federal law.
       ``(F) Program support activities.--
       ``(i) In general.--In order to improve the effectiveness of 
     services provided by Indian tribes, tribal organizations, and 
     Alaska Native organizations under grants made under this 
     paragraph, the Secretary shall support, through grants, 
     contracts, or interagency agreements, activities that--

       ``(I) enhance the capacity of Indian tribes, tribal 
     organizations, and Alaska Native organizations under this 
     section to deliver the services authorized under subparagraph 
     (E); and
       ``(II) test or demonstrate new or improved methods of 
     providing such services.

       ``(ii) Preference.--In awarding grants or contracts under 
     subparagraph (D)(ii) to carry out this subparagraph, the 
     Secretary shall implement a preference policy consistent with 
     the terms of section 7(b) of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450e(b)).
       ``(G) Additional requirements.--
       ``(i) Direct service activities.--

       ``(I) Authority to consolidate funds.--An Indian tribe, 
     tribal organization, or Alaska Native organization receiving 
     a grant under subparagraph (D)(i) may consolidate funds 
     received under the grant with assistance received from other 
     programs in accordance with the provisions of the Indian 
     Employment, Training and Related Services Demonstration Act 
     of 1992 (25 U.S.C. 3401 et seq.) or the provisions of the 
     Tribal Self-Governance Act of 1994 (25 U.S.C. 458aa et seq.).
       ``(II) Option to exclude participants from determination of 
     work participation rates.--A State, Indian tribe, or tribal 
     organization may exclude individuals participating in a 
     direct services program funded under a grant made under 
     subparagraph (D)(i) for a month from the calculation of the 
     work participation rate for the State or tribe for such 
     month.

       ``(ii) Applicable rules.--Any amount paid to an Indian 
     tribe, tribal organization, or Alaska Native organization 
     under this part that is used to carry out the activities 
     described in subparagraph (E) or (F) shall not be subject to 
     the requirements of this part, but shall be subject to the 
     requirements specified in the regulations required under 
     subparagraph (H)(iii), and the expenditure of any amount so 
     used shall not be considered to be an expenditure under this 
     part.
       ``(iii) Availability of funds.--Funds provided to a 
     recipient of a grant or contract under subparagraph (D)(ii) 
     shall remain available for obligation for 2 succeeding fiscal 
     years after the fiscal year in which the grant is made or the 
     contract is entered into.
       ``(H) Program administration.--
       ``(i) Designation of office with primary responsibility.--
     The Secretary shall designate a single organizational unit 
     within the Department that shall have as its primary 
     responsibility the administration of the activities 
     authorized under this paragraph and of any related Indian 
     programs administered by the Department.
       ``(ii) Consultation.--

       ``(I) In general.--The Secretary shall consult with Indian 
     tribes and tribal organizations eligible to administer 
     activities authorized under this paragraph that are located 
     throughout the United States on all aspects of the operation 
     and administration of such activities, including the 
     promulgation of regulations, the design of a formula for the 
     allocation of funds among Indian tribes and tribal 
     organizations, and the implementation of program support 
     activities described in subparagraph (F).
       ``(II) Advisory committee.--The Secretary may utilize a 
     broadly based advisory committee whose members are nominated 
     by Indian tribes and tribal organizations eligible to 
     administer activities authorized under this paragraph as part 
     of the consultation required under subclause (I), except that 
     the consultation process shall not be limited to discussions 
     with such committee.

       ``(iii) Regulations.--The Secretary may issue regulations 
     for the conduct of activities under this paragraph. All 
     requirements imposed by such regulations, including reporting 
     requirements, shall take into full consideration tribal 
     circumstances and conditions.''.
       (ii) Transition from other tanf indian employment 
     programs.--

       (I) In general.--Subject to subclause (II), the Secretary 
     of Health and Human Services shall provide for an orderly 
     close-out of activities under the work program authorized in 
     section 412(a)(2) of the Social Security Act (42 U.S.C. 
     612(a)(2)) (commonly referred to as the ``Native Employment 
     Works program'' or the ``NEW'' program) as such section is in 
     effect on September 30, 2003.

       (ii) Requirement.--In closing out the activities referred 
     to in clause (i), the Secretary of Health and Human Services 
     shall provide that grantees under a program referred to in 
     that subparagraph shall be permitted to provide services 
     through June 30, 2005, and shall be permitted to spend funds 
     on administrative activities related to the close-out of 
     grants under programs for up to 6 months after that date.
       (B) Application of indian employment, training, and related 
     services demonstration act of 1992.--Section 412(a) (42 
     U.S.C. 612(a)), as amended by subparagraph (A)(i), is amended 
     by adding at the end the following:
       ``(5) Application of indian employment, training, and 
     related services demonstration act of 1992.--Notwithstanding 
     any other provision of law, if an Indian tribe elects to 
     incorporate the services it provides under this part into a 
     plan under section 6 of the Indian Employment, Training, and 
     Related Services Demonstration Act of 1992 (25 U.S.C. 3405), 
     the programs authorized to be conducted with grants made 
     under this part shall be--
       ``(A) considered to be programs subject to section 5 of the 
     Indian Employment, Training, and Related Services 
     Demonstration Act of 1992 (25 U.S.C. 3404); and
       ``(B) subject to the single plan and single budget 
     requirements of section 6 of that Act (25 U.S.C. 3405) and 
     the single report format required under section 11 of that 
     Act (25 U.S.C. 3410).''.
       (5) Tribal family assistance plans.--
       (A) Equitable access.--Section 412(b)(1) (42 U.S.C. 
     612(b)(1)), as amended by section 101(c), is amended--
       (i) in subparagraph (F), by striking ``and'' at the end;
       (ii) in subparagraph (G), by striking the period and 
     inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(H) describes how the Indian tribe will ensure equitable 
     access to benefits and services provided under the plan for 
     each member of the population to be served by the plan.''.
       (B) Consultation between states and indian tribes or other 
     indians residing on a reservation.--
       (i) State plan requirement.--Section 402(a)(5) (42 U.S.C. 
     602(a)(5)) is amended to read as follows:

[[Page 5893]]

       ``(5) Certification that the state will provide indians 
     with equitable access to assistance.--
       ``(A) In general.--A certification by the chief executive 
     officer of the State that, during the fiscal year, the State 
     will--
       ``(i) subject to subparagraph (B), consult with Indian 
     tribes located within the State regarding the State plan in 
     an effort to ensure equitable access to benefits or services 
     provided under the plan for any member of such a tribe who is 
     not eligible for assistance under a tribal family assistance 
     plan approved under section 412; and
       ``(ii) provide each member of an Indian tribe, who is 
     domiciled in the State and is not eligible for assistance 
     under a tribal family assistance plan approved under section 
     412, with equitable access to assistance under the State 
     program funded under this part attributable to funds provided 
     by the Federal Government.
       ``(B) Exception.--Clause (i) of subparagraph (A) shall not 
     apply to the State of Alaska.''.
       (ii) Tribal family assistance plan requirement.--Section 
     412(b)(1) (42 U.S.C. 612(b)(1)), as amended by subparagraph 
     (A), is amended--

       (I) in subparagraph (G), by striking ``and'' at the end;
       (II) in subparagraph (H), by striking the period and 
     inserting ``; and''; and
       (III) by adding at the end the following:

       ``(I) provides that the Indian tribe will consult with each 
     State in which a service area of the plan is located on the 
     operation of the plan and the provision of assistance or 
     services to families under the plan.''.
       (C) Authority for certain tribes to operate a 6-year 
     plan.--Section 412(b) (42 U.S.C. 612(b)) is amended by adding 
     at the end the following:
       ``(4) Authority for certain tribes to operate a 6-year 
     plan.--Notwithstanding paragraph (1), in the case of an 
     Indian tribe that has operated an approved tribal family 
     assistance plan for at least 9 years, the Secretary shall 
     approve, at the request of such Indian tribe, a 6-year tribal 
     family assistance plan submitted by such Indian tribe that 
     otherwise satisfies the requirements of paragraph (1).''.
       (6) Areas with high joblessness.--Section 408(a)(7)(D) (42 
     U.S.C. 608(a)(7)(D)) is amended--
       (A) in the subparagraph heading, by striking ``by adult'' 
     and all that follows through ``unemployment'' and inserting 
     ``in areas of indian country or an alaskan native village 
     with high joblessness''; and
       (B) in clause (i)--
       (i) by striking ``In'' and inserting ``Subject to clauses 
     (ii) and (iii), in''; and
       (ii) by striking ``50 percent'' and all that follows 
     through the period and inserting ``20 percent of the adults 
     who were living in Indian country were jobless.'';
       (C) by redesignating clause (ii) as clause (iv); and
       (D) by inserting after clause (i), the following:
       ``(ii) Alaskan native village.--With respect to an Alaskan 
     Native village, this subparagraph shall be applied--

       ``(I) in clause (i), by substituting `50 percent of the 
     adults living in in the village were not employed' for `20 
     percent of the adults who were living in Indian country were 
     jobless'; and
       ``(II) without regard to clause (iii).

       ``(iii) Requirement.--A month may only be disregarded under 
     clause (i) with respect to an adult recipient described in 
     that clause if the adult is in compliance with program 
     requirements.''.
       (7) Advisory committee on the status of indians who do not 
     reside in indian country.--
       (A) In general.--The Secretary of Health and Human Services 
     shall convene an advisory committee on the status of Indians 
     who do not reside in Indian country (as defined in section 
     1151 of title 18, United States Code).
       (B) Duties.--The committee established under clause (i) 
     shall make recommendations regarding how to ensure that 
     Indians who do not reside in Indian country (as so defined) 
     receive appropriate assistance under the temporary assistance 
     to needy families program under part A of title IV of the 
     Social Security Act (42 U.S.C. 601 et seq.) and other 
     publicly funded assistance programs.
       (C) Membership.--
       (i) In general.--The committee established under clause (i) 
     shall include representatives of--

       (I) Federal, State, and tribal governments; and
       (II) Indians who do not reside in Indian country (as so 
     defined).

       (ii) Majority.--A majority of the members of such committee 
     shall be representatives of Indians who do not reside in 
     Indian country (as so defined).
       (8) GAO study and report.--
       (A) Study.--The Comptroller General of the United States 
     shall conduct a study of the demographics of Indians who do 
     not--
       (i) reside in Indian country (as defined in section 1151 of 
     title 18, United States Code);
       (ii) reside in Alaska; or
       (iii) receive assistance under a tribal family assistance 
     plan under section 412 of the Social Security Act (42 U.S.C. 
     612).
       (B) Requirement.--The study conducted under subparagraph 
     (A) shall include economic and health information regarding 
     the Indians described in that paragraph, as well as 
     information regarding the access of all Indians to benefits 
     or services available under non-tribal publicly funded 
     programs serving low-income families.
       (C) Report.--Not later than June 30, 2005, the Comptroller 
     General shall submit to Congress a report on the study 
     conducted under subparagraph (A).
       (b) Authority of Indian Tribes to Receive Federal Funds for 
     Foster Care and Adoption Assistance.--
       (1) Children placed in tribal custody eligible for foster 
     care funding.--Section 472(a)(2) (42 U.S.C. 672(a)(2)) is 
     amended--
       (A) by striking ``or (B)'' and inserting ``(B)''; and
       (B) by inserting before the semicolon the following: ``, or 
     (C) an Indian tribe or tribal organization (as defined in 
     section 479B(e)) or an intertribal consortium if the Indian 
     tribe, tribal organization, or consortium is not operating a 
     program pursuant to section 479B and (i) has a cooperative 
     agreement with a State pursuant to section 479B(c) or (ii) 
     submits to the Secretary a description of the arrangements 
     (jointly developed or developed in consultation with the 
     State) made by the Indian tribe, tribal organization, or 
     consortium for the payment of funds and the provision of the 
     child welfare services and protections required by this 
     title''.
       (2) Programs operated by indian tribal organizations.--Part 
     E of title IV (42 U.S.C. 670 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL 
                   ORGANIZATIONS.

       ``(a) Application.--Except as provided in subsection (b), 
     this part shall apply to an Indian tribe or tribal 
     organization that elects to operate a program under this part 
     in the same manner as this part applies to a State.
       ``(b) Modification of Plan Requirements.--
       ``(1) Service area; standards.--
       ``(A) In general.--Subject to subparagraph (B), in the case 
     of an Indian tribe or tribal organization submitting a plan 
     for approval under section 471, the plan shall--
       ``(i) in lieu of the requirement of section 471(a)(3), 
     identify the service area or areas and population to be 
     served by the Indian tribe or tribal organization; and
       ``(ii) in lieu of the requirement of section 471(a)(10), 
     provide for the approval of foster homes pursuant to tribal 
     standards and in a manner that ensures the safety of, and 
     accountability for, children placed in foster care.
       ``(B) Special rule.--With respect to an Indian tribe 
     located in the State of Alaska--
       ``(i) clause (ii) of subparagraph (A) shall not apply; and
       ``(ii) the requirement of section 471(a)(10) shall apply to 
     a plan submitted by such tribe.
       ``(2) Determination of federal share.--
       ``(A) Per capita income.--
       ``(i) In general.--For purposes of determining the Federal 
     medical assistance percentage applicable to an Indian tribe 
     or tribal organization under paragraphs (1) and (2) of 
     section 474(a), the calculation of an Indian tribe's or 
     tribal organization's per capita income shall be based upon 
     the service population of the Indian tribe or tribal 
     organization as defined in its plan in accordance with 
     paragraph (1)(A).
       ``(ii) Consideration of other information.--An Indian tribe 
     or tribal organization may submit to the Secretary such 
     information as the Indian tribe or tribal organization 
     considers relevant to the calculation of the per capita 
     income of the Indian tribe or tribal organization, and the 
     Secretary shall consider such information before making the 
     calculation.
       ``(B) Administrative expenditures.--The Secretary shall, by 
     regulation, determine the proportions to be paid to Indian 
     tribes and tribal organizations pursuant to section 
     474(a)(3), except that in no case shall an Indian tribe or 
     tribal organization receive a lesser proportion than the 
     corresponding amount specified for a State in that section.
       ``(C) Sources of non-federal share.--An Indian tribe or 
     tribal organization may use Federal or State funds to match 
     payments for which the Indian tribe or tribal organization is 
     eligible under section 474.
       ``(3) Modification of other requirements.--Upon the request 
     of an Indian tribe, tribal organization, or a consortia of 
     tribes or tribal organizations, the Secretary may modify any 
     requirement under this part if, after consulting with the 
     Indian tribe, tribal organization, or consortia of tribes or 
     tribal organizations, the Secretary determines that 
     modification of the requirement would advance the best 
     interests and the safety of children served by the Indian 
     tribe, tribal organization, or consortia of tribes or tribal 
     organizations.
       ``(4) Consortium.--The participating Indian tribes or 
     tribal organizations of an intertribal consortium may develop 
     and submit a single plan under section 471 that meets the 
     requirements of this section.
       ``(c) Cooperative Agreements.--An Indian tribe, tribal 
     organization, or intertribal consortium and a State may enter 
     into a cooperative agreement for the administration or 
     payment of funds pursuant to this part. In

[[Page 5894]]

     any case where an Indian tribe, tribal organization, or 
     intertribal consortium and a State enter into a cooperative 
     agreement that incorporates any of the provisions of this 
     section, those provisions shall be valid and enforceable. Any 
     such cooperative agreement that is in effect as of the date 
     of enactment of this section, shall remain in full force and 
     effect subject to the right of either party to the agreement 
     to revoke or modify the agreement pursuant to the terms of 
     the agreement.
       ``(d) Regulations.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall, in full 
     consultation with Indian tribes and tribal organizations, 
     promulgate regulations to carry out this section.
       ``(e) Definitions of Indian Tribe; Tribal Organizations.--
     In this section, the terms `Indian tribe' and `tribal 
     organization' have the meanings given those terms in 
     subsections (e) and (l) of section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b), 
     respectively, except that, with respect to the State of 
     Alaska, the term `Indian tribe' has the meaning given that 
     term in section 419(4)(B).''.
       (3) Effective date.--The amendments made by this subsection 
     take effect on October 1, 2005, without regard to whether 
     regulations to implement such amendments have been 
     promulgated as of such date.
       (c) Break the Cycle Demonstration Grants.--
       (1) Authority to award grants.--
       (A) In general.--The Secretary of Health and Human 
     Services, in consultation with the Secretary of Education, 
     shall award grants to up to 10 Indian tribes (as defined in 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b)) to carry out the activities 
     described in paragraph (2).
       (B) Application.--An Indian tribe desiring a grant under 
     this subsection shall submit--
       (i) an application to the Secretary of Health and Human 
     Services, at such time, in such manner, and containing such 
     information as the Secretary may require; and
       (ii) a plan outlining how the tribe intends to use funds 
     made available under the grant to carry out activities 
     described in paragraph (2) to help children of Indian 
     families receiving assistance under the temporary assistance 
     to needy families program under part A of title IV of the 
     Social Security Act (42 U.S.C. 601 et seq.) (in this 
     subsection referred to as ``TANF'') obtain a secondary school 
     diploma or its recognized equivalent.
       (C) Criteria for awarding grants.--
       (i) Consultation with indian tribes.--The Secretary of 
     Health and Human Services shall consult with Indian tribes 
     regarding the establishment of criteria for awarding grants 
     under this subsection.
       (ii) Priority.--The criteria established under clause (i) 
     shall require the Secretary of Health and Human Services to 
     give priority to awarding grants to those Indian tribes 
     applying that have the highest percentages of individuals 
     that have not obtained a secondary school diploma or its 
     recognized equivalent.
       (D) State partnerships.--An Indian tribe awarded a grant 
     under this subsection may enter into a partnership with a 
     State, a local educational agency, or a private elementary or 
     secondary school to carry out the activities described in 
     paragraph (2).
       (E) Definition of child.--In this subsection, the term 
     ``child'' means an individual who has not attained age 21.
       (2) Activities described.--The activities described in this 
     paragraph include--
       (A) mentoring activities;
       (B) tutoring activities;
       (C) adjusting requirements applicable to the child or 
     family under TANF;
       (D) teen pregnancy prevention activities; and
       (E) any other activities approved by the Secretary of 
     Health and Human Services that are related to achieving the 
     purpose described in paragraph (1)(B)(ii).
       (3) Evaluation and report.--
       (A) In general.--Of the amount appropriated under paragraph 
     (4) for fiscal year 2006, $1,000,000 shall be reserved by the 
     Secretary of Health and Human Services for the purpose of 
     conducting, through grant, contract, or interagency 
     agreement, an evaluation of the activities carried out under 
     grants awarded under this subsection.
       (B) Report.--The Secretary of Health and Human Services 
     shall submit a report to Congress on the evaluation conducted 
     under subparagraph (A).
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary of Health and Human 
     Services to carry out this subsection, $20,000,000 for each 
     of fiscal years 2006 through 2009.
                                 ______
                                 
  SA 2973. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill H.R. 4, to reauthorize and improve the program of 
block grants to States for temporary assistance for needy families, 
improve access to quality child care, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 217, between lines 9 and 10, insert the following:
       (g) Work Activities.--
       (1) In general.--Section 407(d) (42 U.S.C. 607(d)) is 
     amended--
       (A) in paragraph (11), by striking ``and'' at the end:
       (B) in paragraph (12), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(13) marriage education, marriage skills training, 
     conflict resolution counseling in the context of marriage, 
     and participation in programs that promote marriage.''.
       (2) Conforming amendment.--Section 407(c)(1)(B) (42 U.S.C. 
     607(c)(1)(B)), as amended by subsection (f), is amended by 
     striking ``or (11)'' and inserting ``(11), or (13)''.
                                 ______
                                 
  SA 2974. Mrs. LINCOLN submitted an amendment intended to be proposed 
by her to the bill H.R. 4, to reauthorize and improve the program of 
block grants to States for temporary assistance for needy families, 
improve access to quality child care, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 217, between lines 9 and 10, insert the following:
       (g) Sense of the Senate.--
       (1) Findings.--The Senate makes the following findings:
       (A) Under current law in the temporary assistance for needy 
     families program established under part A of title IV of the 
     Social Security Act (42 U.S.C. 601 et seq.) (in this 
     subsection referred to as ``TANF''), a single parent with a 
     child under age 6 must participate in work-related activities 
     for at least 20 hours a week to count toward program 
     participation rates. Other single parents must participate 
     for at least 30 hours a week in order to count toward 
     participation rates.
       (B) Under current program rules, States have been very 
     successful in increasing employment among families receiving 
     welfare. Between 1994 and 2002, the nation's caseload fell 
     from 5,000,000 to 2,000,000 families and most families that 
     left welfare and are employed work full-time jobs.
       (C) The Department of Health and Human Services reports 
     that according to Census Bureau data, the employment rate 
     among single mothers with children rose from 57 percent in 
     1994 to 70 percent in 2000. For single mothers with children 
     under age 6, employment increased from 46 percent in 1994 to 
     64.5 percent in 2000. Employment rates among single mothers 
     now exceed the rates of married mothers. While some of these 
     employment gains have been lost during the recent period of 
     labor market weakness, a significantly higher proportion of 
     single mothers are employed today than in the mid-1990s.
       (D) The design of the TANF block grant is intended to 
     provide States with broad flexibility to decide how to 
     further the employment and other goals of the program. States 
     are free to set required hours of participation above the 
     level that counts toward Federal participation rates, and 
     some States have chosen to do so.
       (E) The PRIDE Act increases the hours a recipient must 
     participate in work activities to fully count toward the 
     State's work participation rates from 20 hours a week to 24 
     hours a week for single parents of children under 6, and from 
     30 hours a week to 34 hours a week for other single parent 
     families.
       (F) There is no evidence that increasing the required hours 
     of participation above those in the PRIDE Act would lead to 
     States running better programs, or would lead to more 
     families becoming employed. However, increasing the required 
     hours of participation would add to program and child care 
     costs. Most families receiving assistance (54 percent) have a 
     child under the age of 6. Increasing child care costs for 
     these families would force States to redirect resources that 
     could be used to help other families get and keep jobs.
       (G) The decision about whether to further increase the 
     number of hours of participation for families above the 
     levels set in the PRIDE Act is best left to State 
     legislatures and Governors.
       (2) Sense of the senate.--It is the sense of the Senate 
     that any conference report or legislation enacted into law 
     that reauthorizes TANF--
       (A) should not increase hours of required program 
     participation for families beyond the hours specified in the 
     PRIDE Act; and
       (B) should provide States with the flexibility they need in 
     determining appropriate hours of program participation for 
     families with young children to ensure that program 
     requirements are consistent with family responsibilities and 
     available resources.
                                 ______
                                 
  SA 2975. Mrs. LINCOLN submitted an amendment intended to be proposed 
by her to the bill H.R. 4, to reauthorize and improve the program of 
block grants to States for temporary assistance for needy families, 
improve access to quality child care, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 184, strike line 6 and all that follows 
     through page 185, line 4, and insert the following:
       (c) Limitation on Reduction of Participation Rate Through 
     Application of Credits.--

[[Page 5895]]

       (1) In general.--Section 407(a) (42 U.S.C. 607(b)), as 
     amended by subsection (b), is amended by adding at the end 
     the following:
       ``(2) Limitation on reduction of participation rate through 
     application of credits.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the net effect of any percentage reduction in the minimum 
     participation rate otherwise required under this section with 
     respect to families receiving assistance under the State 
     program funded under this part as a result of the application 
     of any employment credit, caseload reduction credit, or other 
     credit against such rate for a fiscal year, shall not 
     exceed--
       ``(i) 40 percentage points, in the case of fiscal year 
     2004;
       ``(ii) 35 percentage points, in the case of fiscal year 
     2005;
       ``(iii) 30 percentage points, in the case of fiscal year 
     2006;
       ``(iv) 25 percentage points, in the case of fiscal year 
     2007; or
       ``(v) 20 percentage points, in the case of fiscal year 2008 
     or any fiscal year thereafter.
       ``(B) Nonapplication to good jobs bonus under the 
     employment credit.--With respect to the number of percentage 
     points of the employment credit for a State for a fiscal year 
     that is attributable to clause (iv) of subsection (b)(2)(B) 
     (relating to special rule for former recipients with higher 
     earnings)--
       ``(i) the limitation under subparagraph (A) on the 
     percentage reduction in the minimum participation rate with 
     respect to families receiving assistance under the State 
     program funded under this part for a fiscal year shall be 
     applied without regard to such number of percentage points; 
     and
       ``(ii) the minimum participation rate otherwise required 
     under this section for the State for such fiscal year shall 
     be reduced by such number of percentage points.''.
       (2) Technical amendment.--Clause (iv) of section 
     407(b)(2)(B) (42 U.S.C. 607(b)(2)(B)), as amended by 
     subsection (d), is amended by striking ``33'' and inserting 
     ``42''.
                                 ______
                                 
  SA 2976. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 4, to reauthorize and improve the program of block 
grants to States for temporary assistance for needy families, improve 
access to quality child care, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. YOUTH PREGNANCY PREVENTION.

       Part P of title III of the Public Health Service Act (42 
     U.S.C. 280g et seq.) is amended by adding at the end the 
     following:

     ``SEC. 399O. YOUTH PREGNANCY PREVENTION.

       ``(a) At-Risk Teen Pregnancy Prevention Grants.--
       ``(1) In general.--The Secretary shall award grants to 
     eligible entities to enable such entities to carry out 
     teenage pregnancy prevention activities that are targeted at 
     areas with large ethnic minorities and other youth at-risk of 
     becoming pregnant.
       ``(2) Eligibility.--To be eligible to receive a grant under 
     paragraph (1), an entity shall--
       ``(A) be a State or local government or a private nonprofit 
     entity; and
       ``(B) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require.
       ``(3) Eligible activities.--Activities carried out under a 
     grant under this subsection may include--
       ``(A) youth development for adolescents;
       ``(B) work-related interventions and other educational 
     activities;
       ``(C) parental involvement;
       ``(D) teenage outreach; and
       ``(E) clinical services.
       ``(b) Multimedia Public Awareness and Outreach Grants.--
       ``(1) In general.--The Secretary shall award grants to 
     eligible entities to enable such entities to establish 
     multimedia public awareness campaigns to combat teenage 
     pregnancy.
       ``(2) Eligibility.--To be eligible to receive a grant under 
     paragraph (1), an entity shall--
       ``(A) be a State government or a private nonprofit entity; 
     and
       ``(B) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require.
       ``(3) Activities.--The purpose of the campaigns established 
     under a grant under paragraph (1) shall be to prevent teenage 
     pregnancy through the use of advertising using television, 
     radio, print media, billboards, posters, the Internet, and 
     other methods determined appropriate by the Secretary.
       ``(4) Priority.--In awarding grants under this subsection, 
     the Secretary shall give priority to applicants that express 
     an intention to carry out activities that target ethnic 
     minorities and other at-risk youth.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated--
       ``(1) to carry out subsection (a), $30,000,000 for each of 
     fiscal years 2005 through 2009; and
       ``(2) to carry out subsection (b), $20,000,000 for each of 
     fiscal years 2005 through 2009.''.
                                 ______
                                 
  SA 2977. Ms. STABENOW submitted an amendment intended to be proposed 
by her to the bill H.R. 4, to reauthorize and improve the program of 
block grants to States for temporary assistance for needy families, 
improve access to quality child care, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 355, lines 1 and 2, strike ``, and to any proposals 
     to amend such projects, that are approved or extended'' and 
     insert ``that are approved''.
                                 ______
                                 
  SA 2978. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 4, to reauthorize and improve the program of 
block grants to States for temporary assistance for needy families, 
improve access to quality child care, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF THE SENATE CONCERNING THE POVERTY LINE.

       (a) Findings.--The Senate finds that--
       (1) the official United States poverty line is used in 
     determining eligibility for many Federal and State public 
     assistance programs and in determining the allocation of 
     Federal funds to States and localities;
       (2) the official poverty line is based on the cost of a 
     minimum diet of an average family in 1955 multiplied by three 
     to allow for expenditures on other goods and services and is 
     adjusted each year for estimated price changes;
       (3) the current measure of the poverty line has remained 
     virtually unchanged over the past 40 years, yet during that 
     time, there have been marked changes in the nation's economy 
     and society and in public policies that have affected 
     families' economic wellbeing;
       (4) in 1990 Congress commissioned a study by the National 
     Academy of Sciences/National Research Council to provide a 
     basis for a possible revision of the poverty measure;
       (5) in 1995 the National Research Council released a report 
     that called for the Office of Management and Budget to revise 
     the measure of poverty used by the Federal Government, citing 
     that the current measure no longer provides an accurate 
     picture of the differences in the extent of economic poverty 
     among population groups or geographic areas of the country;
       (6) the National Research Council proposed that the new 
     poverty measure be based on costs comprised within a basic 
     family budget including food, clothing, shelter, utilities, 
     and a small additional amount to allow for other needs;
       (7) while the current poverty measure counts only pre-tax 
     income, the National Research Council proposed that the new 
     poverty measure count disposable after-tax income, including 
     in-kind benefits and deducting expenses such as child care 
     and out-of-pocket medical costs;
       (8) while the current poverty measure is the same for all 
     areas of the country, the National Research Council proposed 
     that the new poverty measure be adjusted for geographic 
     differences in the cost of living;
       (9) Federal agencies, including the Census Bureau, have 
     carried out substantial research to evaluate and determine 
     the feasibility of implementing the recommendations in the 
     National Research Council's report; and
       (10) the Census Bureau publishes alternative measures of 
     poverty that incorporate many of the recommendations of the 
     National Research Council.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the improvement of the current measure of income 
     poverty is an important goal;
       (2) the Office of Management and Budget, in consultation 
     with the National Research Council and other related 
     agencies, should work to implement an improved poverty 
     measure as expeditiously as possible;
       (3) any action taken by the Office of Management and Budget 
     to implement an improved poverty measure should be cognizant 
     of the recommendations and review provided by the National 
     Research Council; and
       (4) before taking action to implement a new poverty 
     measure, the Office of Management and Budget should consider 
     the impact of alternative poverty measures on federally 
     funded programs.
                                 ______
                                 
  SA 2979. Mr. HARKIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4, to reauthorize and improve the program of block 
grants to States for temporary assistance for needy families, improve 
access to quality child care, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 154, between lines 10 and 11, insert the following:
       ``(viii)(I) Programs that offer individuals and families 
     with multiple barriers to economic self-sufficiency and 
     stability services that include community-based 
     comprehensive, family development services provided

[[Page 5896]]

     by local organizations that have demonstrated experience and 
     success in administering similar initiatives that encourage 
     the formation and maintenance of healthy and economically 
     self-sufficient families.
       ``(II) Programs under clause (I) shall provide a mix of 
     comprehensive services and supports that further develop the 
     capability of low-income parents to financially and 
     emotionally support their children by caring for their 
     children independently or in the context of mutually 
     respectful, non-violent, and voluntary co-parenting 
     relationships, securing and maintaining employment and child 
     care, fulfilling other basic needs such as housing, hunger, 
     mental health and health care, adopting appropriate 
     approaches to income enhancement, and meeting child support 
     obligations, linkages to community resources and other skills 
     that will lead to greater family stability (including 
     programs that replicate or adapt the Iowa Family Development 
     and Self-Sufficiency Program).
       ``(III) The Secretary shall give preference in making 
     awards under this paragraph to programs described in this 
     clause.''
                                 ______
                                 
  SA 2980. Mr. ALEXANDER (for himself, Mr. Voinovich, Mr. Nelson of 
Nebraska, and Mr. Carper) submitted an amendment intended to be 
proposed by him to the bill H.R. 4, to reauthorize and improve the 
program of block grants to States for temporary assistance for needy 
families, improve access to quality child care, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 253, between lines 6 and 7, insert the following:
       (d) Demonstration Projects To Achieve Better Results 
     Through Greater Flexibility.--Section 413 (42 U.S.C. 613), as 
     amended by subsection (a), is amended by adding at the end 
     the following:
       ``(m) Demonstration Projects To Achieve Better Results 
     Through Greater Flexibility.--
       ``(1) Purpose.--The purpose of this subsection is to allow 
     up to 10 States to conduct a demonstration project to test 
     the premise that a State program funded under this part can 
     achieve better results, helping people achieve true self-
     sufficiency, if the State is given greater flexibility to 
     best meet individual needs, and to test ways to improve 
     coordination of the State program funded under this part with 
     activities funded under the Workforce Investment Act of 1998.
       ``(2) Requirements for participation.--
       ``(A) In general.--In order to be selected to conduct a 
     demonstration project under this subsection, a State shall 
     submit an application to the Secretary that--
       ``(i) describes how the State will ensure that all adult 
     recipients of assistance under the State program funded under 
     this part have a self-sufficiency, employment plan that 
     satisfies the requirements of section 408(b);
       ``(ii) contains an assurance that, if selected to conduct 
     the demonstration project, the State shall agree to enter 
     into a performance agreement with the Secretary that--

       ``(I) includes targets for increasing the State's 
     performance above a baseline level, as determined under 
     subparagraph (C), on 1 or more State-defined outcomes 
     measures for each of the areas described in subparagraph (B); 
     and
       ``(II) requires, in the case of a State that fails to meet 
     the agreed upon performance targets, the State, at the 
     discretion of the Secretary, to carry out one or more of the 
     following--

       ``(aa) enter into a corrective compliance plan with the 
     Secretary;
       ``(bb) renegotiate the performance targets with the 
     Secretary; or
       ``(cc) terminate the demonstration project;
       ``(iii) contains an assurance that the State will arrange 
     for an evaluation of the demonstration project to determine 
     if the State is able to achieve improved employment outcomes 
     for the families of the adult recipients participating in the 
     demonstration project; and
       ``(iv) contains such other information or assurances as the 
     Secretary may require.
       ``(B) Areas described.--For purposes of subparagraph 
     (A)(ii), the areas described in this subparagraph are the 
     following:
       ``(i) Employment.
       ``(ii) Success in activities designed to improve employment 
     and related outcomes.
       ``(iii) Job retention.
       ``(iv) Entry earnings and earnings gains.
       ``(v) Child well-being.
       ``(C) Determination of baseline performance levels.--The 
     State shall negotiate with the Secretary a mechanism for 
     measuring baseline performance levels for purposes of 
     subparagraph (A)(ii)(I). Such baseline levels may be 
     calculated during the initial year of the project or may be 
     calculated based on data from years immediately prior to the 
     commencement of the project.
       ``(3) Modifications of requirements of this part.--In the 
     case of a State selected to conduct a demonstration project 
     under this subsection, the State must be able to demonstrate 
     to the Secretary that a reasonable share of adult recipients 
     are participating in welfare to work activities and that 
     moving from welfare to work is central to the project, 
     consistent with the purpose of the project, which is to 
     achieve the targets defined as outcome measures described in 
     clauses (i) through (v) of paragraph (2)(B). If the Secretary 
     is provided with the assurances described in the preceding 
     sentence, the Secretary shall waive such requirements of 
     subsections (a) through (d) of section 407 as determined to 
     be necessary for the State to conduct such project.
       ``(4) Statewide or sub-state demonstration projects.--The 
     Secretary may approve a demonstration project under this 
     subsection to be conducted on a statewide or sub-State basis. 
     In the case of a State that is approved to conduct a sub-
     State demonstration project, the Secretary shall determine 
     the minimum participation rate for the State under section 
     407 without regard to the sub-State area in which the 
     demonstration project is conducted.
       ``(5) Approval of applications.--
       ``(A) Variety of sites.--In selecting States to conduct 
     demonstration projects under this subsection, the Secretary 
     shall, to the extent practicable, select States that will 
     result in demonstration projects being conducted in a 
     geographic variety of States and sub-State areas.
       ``(B) Coordination with workforce investment act.--The 
     Secretary shall ensure that at least 2 of the demonstration 
     projects approved under this subsection include assurances 
     that the State will improve coordination of the State program 
     funded under this part with activities funded under the 
     Workforce Investment Act of 1998.
       ``(C) Strength of evaluation.--In selecting States to 
     conduct demonstration projects under this subsection, the 
     Secretary shall consider the strength and rigor of the 
     research designs that States propose to use in conducting 
     evaluations of such demonstration projects.
       ``(D) Length of projects.--A demonstration project approved 
     under this subsection--
       ``(i) shall be conducted for an initial period of not more 
     than 5 years; and
       ``(ii) may be renewed for an additional period of not more 
     than 5 years.
       ``(6) Reports.--
       ``(A) Initial report.--Not later than the end of the fourth 
     year in which demonstration projects are conducted under this 
     subsection, the Secretary shall submit a report to Congress 
     on the progress of the demonstration projects in achieving 
     the results described in paragraph (1). Such report shall 
     contain data sufficient to enable demonstration project 
     results to be taken into consideration by Congress in the 
     reauthorization of the program under this part.
       ``(B) Final report.--Not later than 1 year after the date 
     on which the initial period of the demonstration projects 
     expires (as provided for in paragraph (5)(B)(i)), the 
     Secretary shall submit a final report to Congress concerning 
     the results of such demonstration projects.
       ``(C) Other reporting requirements.--The Secretary and the 
     State shall work out mechanisms to satisfy other reporting 
     requirements that may be necessary.''.
                                 ______
                                 
  SA 2981. Mr. ALEXANDER (for himself, Ms. Snowe, Ms. Collins, Mr. 
Breaux, Mr. Bayh, Mr. Carper, Ms. Landrieu, Mrs. Clinton, Mr. Dodd, and 
Mr. Lieberman) submitted an amendment intended to be proposed by him to 
the bill H.R. 4, to reauthorize and improve the program of block grants 
to States for temporary assistance for needy families, improve access 
to quality child care, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 253, between lines 6 and 7, insert the following:
       (d) Teen Pregnancy Prevention Resource Center.--Section 413 
     (42 U.S.C. 613), as amended by subsection (a), is amended by 
     adding at the end the following:
       ``(m) Teen Pregnancy Prevention Resource Center.--
       ``(1) Authority.--
       ``(A) In general.--The Secretary shall make a grant to a 
     nationally recognized, nonpartisan, nonprofit organization 
     that meets the requirements described in subparagraph (B) to 
     establish and operate a national teen pregnancy prevention 
     resource center (in this subsection referred to as the 
     `Resource Center') to carry out the purpose and activities 
     described in paragraph (2).
       ``(B) Requirements.--The requirements described in this 
     subparagraph are the following:
       ``(i) The organization has at least 7 years of experience 
     in working with diverse sectors of society to reduce teen 
     pregnancy.
       ``(ii) The organization has a demonstrated ability to work 
     with and provide assistance to a broad range of individuals 
     and entities, including teens, parents, the entertainment and 
     news media, State, tribal, and local organizations, networks 
     of teen pregnancy prevention practitioners, businesses, faith 
     and community leaders, and researchers.
       ``(iii) The organization is research-based and has 
     capabilities in scientific analysis and evaluation.
       ``(iv) The organization has comprehensive knowledge and 
     data about teen pregnancy prevention strategies.

[[Page 5897]]

       ``(v) The organization has experience operating a resource 
     center that carries out activities similar to the activities 
     described in paragraph (2)(B).
       ``(2) Purposes and activities.--
       ``(A) Purposes.--The purposes of the Resource Center are to 
     improve the well-being of children and families and encourage 
     young people to delay pregnancy until marriage. Specifically, 
     the Resource Center shall--
       ``(i) provide information and technical assistance to 
     States, Indian tribes, local communities, and other public or 
     private organizations seeking to reduce rates of teen 
     pregnancy;
       ``(ii) support parents in their essential role in 
     preventing teen pregnancy by equipping them with information 
     and resources to promote and strengthen communication with 
     their children about sex, values, and healthy relationships, 
     including marriage; and
       ``(iii) assist the entertainment media industry by 
     providing information and by helping that industry develop 
     content and messages for teens and adults that can help 
     prevent teen pregnancy.
       ``(B) Activities.--The Resource Center shall carry out the 
     purposes described in subparagraph (A) through the following 
     activities:
       ``(i) Synthesizing and disseminating research and 
     information regarding effective and promising practices, and 
     providing information on how to design and implement 
     effective programs to prevent teen pregnancy.
       ``(ii) Providing information and reaching out to diverse 
     populations, with particular attention to areas and 
     populations with the highest rates of teen pregnancy.
       ``(iii) Helping States, local communities, and other 
     organizations increase their knowledge of existing resources 
     that can be used to advance teen pregnancy prevention 
     efforts, and build their capacity to access such resources 
     and develop partnerships with other programs and funding 
     streams.
       ``(iv) Raising awareness of the important of increasing the 
     proportion of children born to, and raised in, healthy, adult 
     marriages.
       ``(v) Linking organizations working to reduce teen 
     pregnancy with experts and peer groups, including the 
     creation of technical assistance networks.
       ``(vi) Providing consultation and resources about how to 
     reduce teen pregnancy to various sectors of society such as 
     parents, other adults (such as teachers, coaches, and 
     mentors), community and faith-based groups, the entertainment 
     and news media, businesses, and teens themselves, through a 
     broad array of strategies and messages, including a focus on 
     abstinence, responsible behavior, family communication, 
     relationships, and values.
       ``(vii) Assisting organizations seeking to reduce teen 
     pregnancy in their efforts to work with all forms of media 
     and to reach a variety of audiences (including teens, 
     parents, and ethnically diverse groups) to communicate 
     effective messages about preventing teen pregnancy.
       ``(viii) Providing resources for parents and other adults 
     that help to foster strong relationships with children, which 
     has been proven effective in reducing sexual activity and 
     teen pregnancy, including online access to research, parent 
     guides, tips, and alerts about upcoming opportunities to use 
     the entertainment media as a discussion starter.
       ``(ix) Working directly with individuals and organizations 
     in the entertainment industry to provide consultation and 
     serve as a source of factual information on issues related to 
     teen pregnancy prevention.
       ``(3) Collaboration with other organizations.--The 
     organization operating the Resource Center shall collaborate 
     with other organizations that have expertise and interest in 
     teen pregnancy prevention, and that can help reach out to 
     diverse audiences.
       ``(4) Funding.--
       ``(A) Appropriation.--Out of any money in the Treasury of 
     the United States not otherwise appropriated, there is 
     appropriated to carry out this subsection, $5,000,000 for 
     fiscal year 2005. Funds appropriated under this subparagraph 
     shall remain available for expenditure through fiscal year 
     2007.
       ``(B) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this subsection, $3,000,000 for fiscal year 2007 and each 
     fiscal year thereafter.''.
                                 ______
                                 
  SA 2982. Mr. TALENT submitted an amendment intended to be proposed by 
him to the bill H.R. 4, to reauthorize and improve the program of block 
grants to States for temporary assistance for needy families, improve 
access to quality child care, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. INCLUSION OF PRIMARY AND SECONDARY PREVENTATIVE 
                   MEDICAL STRATEGIES FOR CHILDREN AND ADULTS WITH 
                   SICKLE CELL DISEASE AS MEDICAL ASSISTANCE UNDER 
                   THE MEDICAID PROGRAM.

       (a) In General.--Section 1905 (42 U.S.C. 1396d) is 
     amended--
       (1) in subsection (a)--
       (A) by striking ``and'' at the end of paragraph (26);
       (B) by redesignating paragraph (27) as paragraph (28); and
       (C) by inserting after paragraph (26), the following:
       ``(27) subject to subsection (x), primary and secondary 
     preventative medical strategies, including prophylaxes, and 
     treatment and services for individuals who have Sickle Cell 
     Disease; and''; and
       (2) by adding at the end the following:
       ``(x) For purposes of subsection (a)(27), the strategies, 
     treatment, and services described in that subsection include 
     the following:
       ``(1) Chronic blood transfusion (with deferoxamine 
     chelation) to prevent stroke in individuals with Sickle Cell 
     Disease who have been identified as being at high risk for 
     stroke.
       ``(2) Genetic counseling and testing for individuals with 
     Sickle Cell Disease or the sickle cell trait.
       ``(3) Other treatment and services to prevent individuals 
     who have Sickle Cell Disease and who have had a stroke from 
     having another stroke.''.
       (b) Federal Reimbursement for Education and Other Services 
     Related to the Prevention and Treatment of Sickle Cell 
     Disease.--Section 1903(a)(3) (42 U.S.C. 1396b(a)(3)) is 
     amended--
       (1) in subparagraph (D), by striking ``plus'' at the end 
     and inserting ``and''; and
       (2) by adding at the end the following:
       ``(E) 50 percent of the sums expended with respect to costs 
     incurred during such quarter as are attributable to 
     providing--
       ``(i) services to identify and educate individuals who have 
     Sickle Cell Disease or who are carriers of the sickle cell 
     gene, including education regarding how to identify such 
     individuals; or
       ``(ii) education regarding the risks of stroke and other 
     complications, as well as the prevention of stroke and other 
     complications, in individuals who have Sickle Cell Disease; 
     plus''.
       (c) Demonstration Program for the Development and 
     Establishment of Systemic Mechanisms for the Prevention and 
     Treatment of Sickle Cell Disease.--
       (1) Authority to conduct demonstration program.--
       (A) In general.--The Administrator, through the Bureau of 
     Primary Health Care and the Maternal and Child Health Bureau, 
     shall conduct a demonstration program by making grants to up 
     to 40 eligible entities for each fiscal year in which the 
     program is conducted under this section for the purpose of 
     developing and establishing systemic mechanisms to improve 
     the prevention and treatment of Sickle Cell Disease, 
     including through--
       (i) the coordination of service delivery for individuals 
     with Sickle Cell Disease;
       (ii) genetic counseling and testing;
       (iii) bundling of technical services related to the 
     prevention and treatment of Sickle Cell Disease;
       (iv) training of health professionals; and
       (v) identifying and establishing other efforts related to 
     the expansion and coordination of education, treatment, and 
     continuity of care programs for individuals with Sickle Cell 
     Disease.
       (B) Grant award requirements.--
       (i) Geographic diversity.--The Administrator shall, to the 
     extent practicable, award grants under this section to 
     eligible entities located in different regions of the United 
     States.
       (ii) Priority.--In awarding grants under this subsection, 
     the Administrator shall give priority to awarding grants to 
     eligible entities that are--

       (I) Federally-qualified health centers that have a 
     partnership or other arrangement with a comprehensive Sickle 
     Cell Disease treatment center that does not receive funds 
     from the National Institutes of Health; or
       (II) Federally-qualified health centers that intend to 
     develop a partnership or other arrangement with a 
     comprehensive Sickle Cell Disease treatment center that does 
     not receive funds from the National Institutes of Health.

       (2) Additional requirements.--An eligible entity awarded a 
     grant under this subsection shall use funds made available 
     under the grant to carry out, in addition to the activities 
     described in paragraph (1)(A), the following activities:
       (A) To facilitate and coordinate the delivery of education, 
     treatment, and continuity of care for individuals with Sickle 
     Cell Disease under--
       (i) the entity's collaborative agreement with a community-
     based Sickle Cell Disease organization or a nonprofit entity 
     that works with individuals who have Sickle Cell Disease;
       (ii) the Sickle Cell Disease newborn screening program for 
     the State in which the entity is located; and
       (iii) the maternal and child health program under title V 
     of the Social Security Act (42 U.S.C. 701 et seq.) for the 
     State in which the entity is located.
       (B) To train nursing and other health staff who specialize 
     in pediatrics, obstetrics, internal medicine, or family 
     practice to provide health care and genetic counseling for 
     individuals with the sickle cell trait.
       (C) To enter into a partnership with adult or pediatric 
     hematologists in the region and other regional experts in 
     Sickle Cell Disease at tertiary and academic health centers 
     and State and county health offices.

[[Page 5898]]

       (D) To identify and secure resources for ensuring 
     reimbursement under the medicaid program, State children's 
     health insurance program, and other health programs for the 
     prevention and treatment of Sickle Cell Disease, including 
     the genetic testing of parents or other appropriate relatives 
     of children with Sickle Cell Disease and of adults with 
     Sickle Cell Disease.
       (3) National coordinating center.--
       (A) Establishment.--The Administrator shall enter into a 
     contract with an entity to serve as the National Coordinating 
     Center for the demonstration program conducted under this 
     subsection.
       (B) Activities described.--The National Coordinating Center 
     shall--
       (i) collect, coordinate, monitor, and distribute data, best 
     practices, and findings regarding the activities funded under 
     grants made to eligible entities under the demonstration 
     program;
       (ii) develop a model protocol for eligible entities with 
     respect to the prevention and treatment of Sickle Cell 
     Disease;
       (iii) develop educational materials regarding the 
     prevention and treatment of Sickle Cell Disease; and
       (iv) prepare and submit to Congress a final report that 
     includes recommendations regarding the effectiveness of the 
     demonstration program conducted under this subsection and 
     such direct outcome measures as--

       (I) the number and type of health care resources utilized 
     (such as emergency room visits, hospital visits, length of 
     stay, and physician visits for individuals with Sickle Cell 
     Disease); and
       (II) the number of individuals that were tested and 
     subsequently received genetic counseling for the sickle cell 
     trait.

       (4) Application.--An eligible entity desiring a grant under 
     this subsection shall submit an application to the 
     Administrator at such time, in such manner, and containing 
     such information as the Administrator may require.
       (5) Definitions.--In this subsection:
       (A) Administrator.--The term ``Administrator'' means the 
     Administrator of the Health Resources and Services 
     Administration.
       (B) Eligible entity.--The term ``eligible entity'' means a 
     Federally-qualified health center, a nonprofit hospital or 
     clinic, or a university health center that provides primary 
     health care, that--
       (i) has a collaborative agreement with a community-based 
     Sickle Cell Disease organization or a nonprofit entity with 
     experience in working with individuals who have Sickle Cell 
     Disease; and
       (ii) demonstrates to the Administrator that either the 
     Federally-qualified health center, the nonprofit hospital or 
     clinic, the university health center, the organization or 
     entity described in clause (i), or the experts described in 
     paragraph (2)(C), has at least 5 years of experience in 
     working with individuals who have Sickle Cell Disease.
       (C) Federally-qualified health center.--The term 
     ``Federally-qualified health center'' has the meaning given 
     that term in section 1905(l)(2)(B) of the Social Security Act 
     (42 U.S.C. 1396d(l)(2)(B)).
       (6) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection, $10,000,000 
     for each of fiscal years 2005 through 2009.
       (d) Effective Date.--The amendments made by subsections (a) 
     and (b) take effect on the date of enactment of this Act and 
     apply to medical assistance and services provided under title 
     XIX of the Social Security Act (42 U.S.C. 1396 et seq.) on or 
     after that date.
                                 ______
                                 
  SA 2983. Mr. BIDEN (for himself and Mrs. Boxer) submitted an 
amendment intended to be proposed by him to the bill H.R. 4, to 
reauthorize and improve the program of block grants to States for 
temporary assistance for needy families, improve access to quality 
child care, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __02. ENHANCED ASSISTANCE FOR CRIMINAL INVESTIGATIONS 
                   AND PROSECUTIONS BY STATE AND LOCAL LAW 
                   ENFORCEMENT OFFICIALS.

       (a) In General.--At the request of a State, Indian tribal 
     government, or unit of local government, the Attorney General 
     shall provide technical, forensic, prosecutorial, or any 
     other form of assistance in the criminal investigation or 
     prosecution of any crime that--
       (1) constitutes a crime of violence (as defined in section 
     16 of title 18, United States Code);
       (2) constitutes a felony under the laws of the State or 
     Indian tribe; and
       (3) is committed against a person under 18 years of age.
       (b) Priority.--If the Attorney General determines that 
     there are insufficient resources to fulfill requests made 
     pursuant to subsection (a), the Attorney General shall give 
     priority to requests for assistance to--
       (1) crimes committed by, or believed to be committed by, 
     offenders who have committed crimes in more than 1 State; and
       (2) rural jurisdictions that have difficulty covering the 
     extraordinary expenses relating to the investigation or 
     prosecution of the crime.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000 for 
     each of the fiscal years 2004 through 2008.
                                 ______
                                 
  SA 2984. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 4, to reauthorize and improve the program of 
block grants to States for temporary assistance for needy families, 
improve access to quality child care, and for other purposes; which was 
ordered to lie on the table; as follows:
       At the appropriate section, insert the following:

     SEC.   . FINDINGS.

       Congress makes the following findings:
       (1) Research shows that caring adults can make a difference 
     in children's lives. Forty five percent of mentored teens are 
     less likely to use drugs. Fifty nine percent of mentored 
     teens have better academic performance. Seventy three percent 
     of mentored teens achieve higher goals generally.
       (2) Children that have mentors have better relationships 
     with adults, fewer disciplinary referrals, and more 
     confidence to achieve their goals.
       (3) In 2001, over 163,000 children in the foster care 
     system were under the age of 5 years.
       (4) In 2001, over 124,000 children were under the age of 10 
     when they were removed from their parents or caretakers.
       (5) The International Day of the Child, sponsored by 
     Children United Nations, has served as a great tool to 
     recruit mentors and partner them with needy foster care 
     children.
       (6) On November 10, 2002, as many as 3,000 children will be 
     matched with mentors as a result of the International Day of 
     the Child.
       (7) States should be encouraged to incorporate mentor 
     programs into the delivery of their foster care services. The 
     State of California serves as a great example, matching close 
     to half a million mentors with needy children.
       (8) Mentor programs that serve foster children are unique 
     and require additional considerations including specialized 
     training and support necessary to provide for consistent, 
     long term relationships for children in care.
       (9) Mentor programs are cost-effective approaches to 
     decreasing the occurrence of so many social ills such as teen 
     pregnancy, substance abuse, incarceration and violence.

     SEC.   . PROGRAMS FOR MENTORING CHILDREN IN FOSTER CARE.

       Subpart 2 of part B of title IV of the Social Security Act 
     (42 U.S.C. 629 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 440. PROGRAMS FOR MENTORING CHILDREN IN FOSTER CARE.

       ``(a) Purpose.--It is the purpose of this section to 
     authorize the Secretary to make grants to eligible applicants 
     to support the establishment or expansion and operation of 
     programs using a network of public and private community 
     entities to provide mentoring for children in foster care.
       ``(b) Definitions.--In this section:
       ``(1) Children in foster care.--The term `children in 
     foster care' means children who have been removed from the 
     custody of their biological or adoptive parents by a State 
     child welfare agency.
       ``(2) Mentoring.--The term `mentoring' means a structured, 
     managed program in which children are appropriately matched 
     with screened and trained adult volunteers for one-on-one 
     relationships, that involves meetings and activities on a 
     regular basis, and that is intended to meet, in part, the 
     child's need for involvement with a caring and supportive 
     adult who provides a positive role model.
       ``(3) Political subdivision.--The term `political 
     subdivision' means a local jurisdiction below the level of 
     the State government, including a county, parish, borough, or 
     city.
       ``(c) Grant Program.--
       ``(1) In general.--The Secretary shall carry out a program 
     to award grants to States to support the establishment or 
     expansion and operation of programs using networks of public 
     and private community entities to provide mentoring for 
     children in foster care.
       ``(2) Grants to political subdivisions.--The Secretary may 
     award a grant under this subsection directly to a political 
     subdivision if the subdivision serves a substantial number of 
     foster care youth (as determined by the Secretary).
       ``(3) Application requirements.--To be eligible for a grant 
     under paragraph (1), the chief executive officer of the State 
     or political subdivision shall submit to the Secretary an 
     application containing the following:
       ``(A) Program design.--A description of the proposed 
     program to be carried out using amounts provided under this 
     grant, including--
       ``(i) a list of local public and private organizations and 
     entities that will participate in the mentoring network;
       ``(ii) the name, description, and qualifications of the 
     entity that will coordinate and

[[Page 5899]]

     oversee the activities of the mentoring network;
       ``(iii) the number of mentor-child matches proposed to be 
     established and maintained annually under the program;
       ``(iv) such information as the Secretary may require 
     concerning the methods to be used to recruit, screen support, 
     and oversee individuals participating as mentors, (which 
     methods shall include criminal background checks on the 
     individuals), and to evaluate outcomes for participating 
     children, including information necessary to demonstrate 
     compliance with requirements established by the Secretary for 
     the program; and
       ``(v) such other information as the Secretary may require.
       ``(B) Training.--An assurance that all mentors covered 
     under the program will receive intensive and ongoing training 
     in the following areas:
       ``(i) Child Development, including the importance of 
     bonding.
       ``(ii) Family dynamics, including the effects of domestic 
     violence.
       ``(iii) Foster care system, principles, and practices.
       ``(iv) Recognizing and reporting child abuse and neglect.
       ``(v) Confidentiality requirements for working with 
     children in care.
       ``(vi) Working in coordination with the public school 
     system.
       ``(vii) Other matters related to working with children in 
     care.
       ``(C) Screening.--An assurance that all mentors covered 
     under the program are appropriately screened and have 
     demonstrated a willingness to comply with all aspects of the 
     mentor program, including--
       ``(i) a description of the methods to be used to conduct 
     criminal background checks on all prospective mentors; and
       ``(ii) a description of the methods to be used to ensure 
     that the mentors are willing and able to serve as a mentor on 
     a long term, consistent basis.
       ``(D) Educational requirements.--An assurance that all 
     mentors recruited to serve as academic mentors will--
       ``(i) have a high school diploma or its equivalent; and
       ``(ii) have completed at least 1 year of study in a program 
     leading to a graduate or post graduate degree.
       ``(E) Community consultation; coordination with other 
     programs.--A demonstration that, in developing and 
     implementing the program, the State or political subdivision 
     will, to the extent feasible and appropriate--
       ``(i) consult with public and private community entities, 
     including religious organizations, and including, as 
     appropriate, Indian tribal organizations and urban Indian 
     organizations, and with family members of potential clients;
       ``(ii) coordinate the programs and activities under the 
     program with other Federal, State, and local programs serving 
     children and youth; and
       ``(iii) consult and coordinate with appropriate Federal, 
     State, and local corrections, workforce development, and 
     substance abuse and mental health agencies.
       ``(F) Equal access for local service providers.--An 
     assurance that public and private entities and community 
     organizations, including religious organizations and Indian 
     organizations, will be eligible to participate on an equal 
     basis.
       ``(G) Records, reports, and audits.--An agreement that the 
     State or political subdivision will maintain such records, 
     make such reports, and cooperate with such reviews or audits 
     as the Secretary may find necessary for purposes of oversight 
     of project activities and expenditures.
       ``(H) Evaluation.--An agreement that the State or political 
     subdivision will cooperate fully with the Secretary's ongoing 
     and final evaluation of the program under the plan, by means 
     including providing the Secretary access to the program and 
     program-related records and documents, staff, and grantees 
     receiving funding under the plan.
       ``(4) Federal share.--
       ``(A) In general.--A grant for a program under this 
     subsection shall be available to pay a percentage share of 
     the costs of the program up to 75 percent for each year for 
     which the grant is awarded.
       ``(B) Non-federal share.--The non-Federal share of the cost 
     of projects under this subsection may be in cash or in kind. 
     In determining the amount of the non-Federal share, the 
     Secretary may attribute fair market value to goods, services, 
     and facilities contributed from non-Federal sources.
       ``(5) Considerations in awarding grants.--In awarding 
     grants under this subsection, the Secretary shall take into 
     consideration--
       ``(A) the overall qualifications and capacity of the State 
     or political subdivision program and its partners to 
     effectively carry out a mentoring program under this 
     subsection;
       ``(B) the level and quality of training provided to mentors 
     under the program;
       ``(C) evidence of coordination of the program with the 
     State's or political subdivision's social services and 
     education programs;
       ``(D) the ability of the State or political subdivision to 
     provide supervision and support for mentors under the program 
     and the youth served by such mentors;
       ``(E) evidence of consultation with institutes of higher 
     learning;
       ``(F) the number of children in care served by the State or 
     political subdivision; and
       ``(G) any other factors that the Secretary determines to be 
     significant with respect to the need for or the potential 
     success of carrying out a mentoring program under this 
     subsection.
       ``(6) Use of funds.--Of the amount awarded to a State or 
     political subdivision under a grant under this subsection the 
     State or subdivision shall--
       ``(A) use not less than 50 percent of the total grant 
     amount for the training and ongoing educational support of 
     mentors; and
       ``(B) use not more than 10 percent of the total grant 
     amount for administrative purposes.
       ``(7) Maximum grant amount.--
       ``(A) In general.--In awarding grants under this section, 
     the Secretary shall consider the number of children served by 
     the jurisdiction and the grant amount relative to the need 
     for services.
       ``(B) Limit.--The amount of a grant awarded to a State or 
     political subdivision under this subsection shall not exceed 
     $600,000.
       ``(8) Annual report.--Not later than 1 year after the date 
     of enactment of this section, and annually thereafter, the 
     Secretary shall prepare and submit to Congress a report that 
     includes the following with respect to the year involved:
       ``(A) A description of the number of programs receiving 
     grant awards under this subsection.
       ``(B) A description of the number of mentors who serve in 
     the programs described in subparagraph (A).
       ``(C) A description of the number of mentored foster 
     children--
       ``(i) who graduate from high school;
       ``(ii) who enroll in college; and
       ``(iii) who are adopted by their mentors.
       ``(D) Any other information that the Secretary determines 
     to be relevant to the evaluation of the program under this 
     subsection.
       ``(9) Evaluation.--Not later than 3 years after the date of 
     enactment of this section, the Secretary shall conduct an 
     evaluation of the effectiveness of programs funded under this 
     section, including a comparison between the rate of drug and 
     alcohol abuse, teenage pregnancy, delinquency, homelessness, 
     and other outcome measures for mentored foster care youth and 
     non-mentored foster care youth.
       ``(10) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection, 
     $15,000,000 for each of fiscal years 2004 and 2005, and such 
     sums as may be necessary for each succeeding fiscal year.
       ``(d) National Coordination of Statewide Mentoring 
     Partnerships.--
       ``(1) In general.--The Secretary may award a competitive 
     grant to an eligible entity to establish a National Hotline 
     Service or Website to provide information to individuals who 
     are interested in becoming mentors to youth in foster care.
       ``(2) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection, 
     $4,000,000 for each of fiscal years 2004 and 2005, and such 
     sums as may be necessary for each succeeding fiscal year.
       ``(e) Loan Forgiveness.--
       ``(1) Definitions.--In this subsection:
       ``(A) Eligible mentor.--The term `eligible mentor' means an 
     individual who has served as a mentor in a statewide mentor 
     program established under subsection (c) for at least 200 
     hours in a single calendar year.
       ``(B) Federal student loan.--The term `Federal student 
     loan' means any loan made, insured, or guaranteed under part 
     B, D, or E of tide IV of the Higher Education Act of 1965.
       ``(C) Secretary.--The term `Secretary' means the Secretary 
     of Education.
       ``(2) Relief from indebtedness.--
       ``(A) In general.--The Secretary shall carry out a program 
     to provide for the discharge or cancellation of the Federal 
     student loan indebtedness of an eligible mentor.
       ``(B) Method of discharge or cancellation.--A loan that 
     will be discharged or canceled under the program under 
     subparagraph (A) shall be discharged or canceled as provided 
     for using the method under section 437(a), 455(a)(1), or 
     464(c)(1)(F) of the Higher Education Act of 1965, as 
     applicable.
       ``(C) Amount of relief.--The amount of relief to be 
     provided with respect to a loan under this subsection shall--
       ``(i) be equal to $2,000 for each 200 hours of service of 
     an eligible mentor; and
       ``(ii) not exceed a total of $20,000 for an eligible 
     individual.
       ``(3) Facilitation of claims--The Secretary shall--
       ``(A) establish procedures for the filing of applications 
     for the discharge or cancellation of loans under this 
     subsection by regulations that shall be prescribed and 
     published within 90 days after the date of enactment of this 
     section and without regard to the requirements of section 553 
     of title 5, United States Code; and
       ``(B) take such actions as may be necessary to publicize 
     the availability of the program established under this 
     subsection for eligible mentors.

[[Page 5900]]

       ``(4) Funding.--Amounts available for the purposes of 
     making payments to lenders in accordance with section 437(a) 
     of the Higher Education Act of 1965 for the discharge of 
     indebtedness of deceased or disabled individuals shall be 
     available for making payments to lenders of loans to eligible 
     mentors as provided for in this subsection.''.
                                 ______
                                 
  SA 2985. Mr. DAYTON submitted an amendment intended to be proposed by 
him to the bill H.R. 4, to reauthorize and improve the program of block 
grants to States for temporary assistance for needy families, improve 
access to quality child care, and for other purposes; which was ordered 
to lie on the table; as follows:

       Beginning on page 184, strike line 10 and all that follows 
     through page 185, line 4, and insert the following:
       ``(2) Limitation on reduction of participation rate through 
     application of credits.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the net effect of any percentage reduction in the minimum 
     participation rate otherwise required under this section with 
     respect to families receiving assistance under the State 
     program funded under this part as a result of the application 
     of any caseload reduction credit or other credit against such 
     rate for a fiscal year, shall not exceed--
       ``(i) 40 percentage points, in the case of fiscal year 
     2004;
       ``(ii) 35 percentage points, in the case of fiscal year 
     2005;
       ``(iii) 30 percentage points, in the case of fiscal year 
     2006;
       ``(iv) 25 percentage points, in the case of fiscal year 
     2007; or
       ``(v) 20 percentage points, in the case of fiscal year 2008 
     or any fiscal year thereafter.
       ``(B) Nonapplication to the employment credit.--The 
     limitation under subparagraph (A) on the percentage reduction 
     in the minimum participation rate with respect to families 
     receiving assistance under the State program funded under 
     this part for a fiscal year shall be applied without regard 
     to the employment credit for a State as determined under 
     subsection (b)(2).''.
                                 ______
                                 
  SA 2986. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 4, to reauthorize and improve the program of 
block grants to States for temporary assistance for needy families, 
improve access to quality child care, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EXTENSION OF MEDICARE COST-SHARING FOR THE MEDICARE 
                   PART B PREMIUM FOR QUALIFYING INDIVIDUALS.

       (a) In General.--Section 1902(a)(10)(E)(iv) (42 U.S.C. 
     1396a(a)(10)(E)(iv)), as amended by section 103(f)(1) of the 
     Medicare Prescription Drug, Improvement, and Modernization 
     Act of 2003 (Public Law 108-173, 117 Stat. 2160), is amended 
     by striking ``2004'' and inserting ``2005''.
       (b) Total Amount Available for Allocation.--Section 
     1933(c)(1)(E) (42 U.S.C. 1396u-3(c)(1)(E)), as amended by 
     section 401(b) of Public Law 108-89, is amended by striking 
     ``and 2003'' and inserting ``, 2003, and 2005''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to calendar quarters beginning on or after 
     October 1, 2004.
                                 ______
                                 
  SA 2987. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 4, to reauthorize and improve the program of 
block grants to States for temporary assistance for needy families, 
improve access to quality child care, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 353, strike line 6 and all that follows 
     through page 355, line 3.
                                 ______
                                 
  SA 2988. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 4, to reauthorize and improve the program of 
block grants to States for temporary assistance for needy families, 
improve access to quality child care, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 339, strike line 9 and all that follows 
     through page 341, line 8, and insert the following:

     SEC. 321. STATE NONCOMPLIANCE WITH CHILD SUPPORT ENFORCEMENT 
                   PROGRAM REQUIREMENTS.

       (a) In General.--Section 409(a)(8) (42 U.S.C. 609(a)(8)) is 
     amended--
       (1) by striking subparagraph (A) and inserting the 
     following:
       ``(A) In general.--If the Secretary finds, with respect to 
     a State's program under part D--
       ``(i) on the basis of data submitted by a State pursuant to 
     section 454(15)(B), or on the basis of the results of a 
     review conducted under section 452(a)(4), that the State 
     program failed to achieve the paternity establishment 
     percentages (as defined in section 452(g)(2)), or to meet 
     other performance measures that may be established by the 
     Secretary;
       ``(ii) on the basis of the results of an audit or audits 
     conducted under section 452(a)(4)(C)(i) that the State data 
     submitted pursuant to section 454(15)(B) is incomplete or 
     unreliable; or
       ``(iii) on the basis of the results of an audit or audits 
     conducted under section 452(a)(4)(C) that a State failed to 
     substantially comply with 1 or more of the requirements of 
     part D (other than paragraph (24), or subparagraph (A) or 
     (B)(i) of paragraph (27), of section 454),
     the Secretary shall reduce the grant payable to the State 
     under section 403(a)(1) for the immediately succeeding fiscal 
     year by the amount specified in subparagraph (B).''; and
       (2) by adding at the end the following:
       ``(D) No penalty if state corrects noncompliance pursuant 
     to corrective compliance plan.--The Secretary shall not 
     reduce the grant payable to the State under section 403(a)(1) 
     for the immediately succeeding fiscal year as a result of a 
     finding made under subparagraph (A) if the Secretary 
     determines that the State has corrected or discontinued the 
     violation pursuant to the corrective compliance plan required 
     under subsection (c).''.
       (b) Conforming Amendments.--Subsections (b)(2) and (c)(4) 
     of section 409 (42 U.S.C. 609) are each amended by striking 
     ``(8),''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall be effective with respect to findings of State 
     noncompliance for fiscal year 2003 and succeeding fiscal 
     years.
       (d) Special Rule for Fiscal Years 2001 and 2002.--
     Notwithstanding any other provision of law, the Secretary 
     shall not take against amounts otherwise payable to a State, 
     a reduction with respect to a finding described in section 
     409(a)(8)(A) of the Social Security Act (42 U.S.C. 
     609(a)(8)(A)) for fiscal year 2001 or 2002.
                                 ______
                                 
  SA 2989. Mr. BINGAMAN (for himself, Mr. Allen, Mr. Wyden, Mr. Burns, 
Mr. Akaka, and Mr. Inouye) submitted an amendment intended to be 
proposed by him to the bill H.R. 4, to reauthorize and improve the 
program of block grants to States for temporary assistance for needy 
families, improve access to quality child care, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 295, between lines 10 and 11, insert the following:

     SEC. __. STATE OPTION TO EXTEND CURRENT WAIVERS AND CREATION 
                   OF TANF WAIVER AUTHORITY.

       Section 415 (42 U.S.C. 615) is amended by adding at the end 
     the following:
       ``(e) State Option To Continue Waivers.--
       ``(1) In general.--Notwithstanding paragraphs (1) (A) and 
     (2)(A) of subsection (a), or any other provision of law, but 
     subject to subsection (g), with respect to any State that is 
     operating under a waiver described in paragraph (2) which 
     would otherwise expire on a date that occurs during the 
     period that begins on January 1, 2002, and ends on September 
     30, 2008, the State may elect to continue to operate under 
     that waiver, on the same terms and conditions as applied to 
     the waiver the day before the date the waiver would otherwise 
     expire, through the earlier of such date as the State may 
     select or September 30, 2008.
       ``(2) Waiver described.--For purposes of paragraph (1), a 
     waiver described in this paragraph is--
       ``(A) a waiver described in subsection (a); or
       ``(B) a waiver that was granted to a State under section 
     1115 or otherwise and that relates only to the provision of 
     assistance under a State program under this part.
       ``(f) Waiver Authority for All States.--
       ``(1) In general.--Except as provided in paragraph (3) and 
     subsection (g), the Secretary may waive any statutory or 
     regulatory requirement of this part at the request of a State 
     or Indian tribe operating a State or tribal program funded 
     under this part.
       ``(2) Request for waiver.--
       ``(A) In general.--A State or Indian tribe that wishes to 
     seek a waiver with respect to a State or tribal program 
     funded under this part shall submit a waiver request to the 
     Secretary that--
       ``(i) describes the Federal statutory or regulatory 
     requirements proposed to be waived;
       ``(ii) describes how the waiving of such requirements will 
     improve or enhance achievement of 1 or more of the purposes 
     of this part;
       ``(iii) describes the State's proposal for an independent 
     evaluation of the program under the waiver; and
       ``(iv) in the case of a State, includes a copy and 
     description of relevant State statutes and, if applicable, 
     State regulations that would allow the State to implement the 
     waiver if it were approved by the Secretary.
       ``(B) Notice and comment.--The Secretary shall provide 
     through the Federal Register for a 30-day period for notice 
     and comment

[[Page 5901]]

     on the waiver request, and otherwise consult with members of 
     the public, to solicit comment on the waiver request prior to 
     acting on the request.
       ``(3) Restrictions.--
       ``(A) In general.--The Secretary shall not waive the 
     following statutory sections or any regulatory requirements 
     related to such sections:
       ``(i) Section 401(a).
       ``(ii) Paragraphs (1) through (4) of section 403(a).
       ``(iii) Section 409(a)(7).
       ``(iv) Section 408(d).
       ``(v) Section 407(e)(2).
       ``(vi) Section 407(f).
       ``(4) Duration and extension of waiver.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a waiver approved by the Secretary under this subsection may 
     be for a period not to exceed 5 years.
       ``(B) Extension.--The Secretary may extend the period 
     described in subparagraph (A) if the Secretary determines 
     that the waiver has been effective in enabling the State or 
     Indian tribe to carry out the activities for which the waiver 
     was requested and the waiver has improved or enhanced 
     performance related to 1 or more of the purposes of this 
     part.
       ``(5) Approval procedure.--
       ``(A) In general.--Not later than 60 days after the date of 
     receiving a request for a waiver under this subsection, the 
     Secretary shall provide a response that--
       ``(i) approves the waiver request;
       ``(ii) provides a description of modifications that would 
     be necessary in order to secure approval for the waiver;
       ``(iii) denies the request and describes the grounds for 
     the denial; or
       ``(iv) requests clarification of the waiver request.
       ``(B) Approval decisions.--The Secretary shall not approve 
     any waiver request that does not include all the information 
     required in subparagraph (2)(A) and shall take into account 
     how the waiver is likely to further the purposes of section 
     401(a) and comments received regarding the waiver request.
       ``(C) Waiver approvals and denials.--All waiver approvals 
     and denials shall be made publicly available by the 
     Secretary.
       ``(6) Reports on projects.--The Secretary shall provide 
     annually to Congress a report concerning waivers approved 
     under this subsection, including--
       ``(A) the projects approved and denied for each applicant;
       ``(B) the number of waivers granted under this subsection
       ``(C) the specific statutory provisions waived; and
       ``(D) descriptive information about the nature and status 
     of approved waivers, including findings from interim and 
     final evaluation reports.
       ``(g) Cost-neutrality requirement.--
       ``(1) General rule.--Notwithstanding any other provision of 
     law (except as provided in paragraph (2)), the total of the 
     amounts that may be paid by the Federal Government for a 
     fiscal year with respect to the programs in a State for which 
     a waiver has been granted under subsection (e) or (f) shall 
     not exceed the estimated total amount that the Federal 
     Government would have paid for the fiscal year with respect 
     to the programs if the waiver had not been granted, as 
     determined by the Director of the Office of Management and 
     Budget.
       ``(2) Special rule.--If an applicant submits to the 
     Director of the Office of Management and Budget a request to 
     apply the rules of this paragraph to the programs in the 
     State with respect to which a waiver under subsection (e) or 
     (f) has been provided, during such period of not more than 5 
     consecutive fiscal years in which the waiver is in effect, 
     and the Director determines, on the basis of supporting 
     information provided by the applicant, to grant the request, 
     then, notwithstanding any other provision of law, the total 
     of the amounts that may be paid by the Federal Government for 
     the period with respect to the programs shall not exceed the 
     estimated total amount that the Federal Government would have 
     paid for the period with respect to the programs if the 
     waiver had not been granted.''.
                                 ______
                                 
  SA 2990. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed by him to the bill H.R. 4, to reauthorize and improve the 
program of block grants to States for temporary assistance for needy 
families, improve access to quality child care, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 255, strike lines 9 through 17, and insert the 
     following:
       (c) Research on Indicators of Child Well-Being.--Section 
     413 (42 U.S.C. 613), as amended by section 114(a), is amended 
     by adding at the end the following:
       ``(m) Indicators of Child Well-Being.--
       ``(1) In general.--The Secretary, through grants, 
     contracts, or interagency agreements shall develop 
     comprehensive indicators to assess child well-being in each 
     State.
       ``(2) Requirements.--
       ``(A) In general.--The indicators developed under paragraph 
     (1) shall include measures related to the following:
       ``(i) Education.
       ``(ii) Social and emotional development.
       ``(iii) Health and safety.
       ``(iv) Family well-being, such as family structure, income, 
     employment, child care arrangements, and family 
     relationships.
       ``(B) Other requirements.--The data collected with respect 
     to the indicators developed under paragraph (1) shall be--
       ``(i) statistically representative at the State level;
       ``(ii) consistent across States;
       ``(iii) collected on an annual basis for at least the 5 
     years preceding the year of collection;
       ``(iv) expressed in terms of rates or percentages;
       ``(v) statistically representative at the national level;
       ``(vi) measured with reliability;
       ``(vii) current; and
       ``(viii) over-sampled, with respect to low-income children 
     and families.
       ``(C) Consultation.--In developing the indicators required 
     under paragraph (1) and the means to collect the data 
     required with respect to the indicators, the Secretary shall 
     consult and collaborate with the Federal Interagency Forum on 
     Child and Family Statistics.
       ``(3) Advisory panel.--
       ``(A) Establishment.--The Secretary shall establish an 
     advisory panel to make recommendations regarding the 
     appropriate measures and statistical tools necessary for 
     making the assessment required under paragraph (1) based on 
     the indicators developed under that paragraph and the data 
     collected with respect to the indicators.
       ``(B) Membership.--
       ``(i) In general.--The advisory panel established under 
     subparagraph (A) shall consist of the following:

       ``(I) One member appointed by the Secretary of Health and 
     Human Services.
       ``(II) One member appointed by the Chairman of the 
     Committee on Ways and Means of the House of Representatives.
       ``(III) One member appointed by the Ranking Member of the 
     Committee on Ways and Means of the House of Representatives.
       ``(IV) One member appointed by the Chairman of the 
     Committee on Finance of the Senate.
       ``(V) One member appointed by the Ranking Member of the 
     Committee on Finance of the Senate.
       ``(VI) One member appointed by the Chairman of the National 
     Governors Association, or the Chairman's designee.
       ``(VII) One member appointed by the President of the 
     National Conference of State Legislatures or the President's 
     designee.
       ``(VIII) One member appointed by the Director of the 
     National Academy of Sciences, or the Director's designee.

       ``(ii) Deadline.--The members of the advisory panel shall 
     be appointed not later than 2 months after the date of 
     enactment of the Personal Responsibility and Individual 
     Development for Everyone Act.
       ``(C) Meetings.--The advisory panel established under 
     subparagraph (A) shall meet--
       ``(i) at least 3 times during the first year after the date 
     of enactment of the Personal Responsibility and Individual 
     Development for Everyone Act; and
       ``(ii) annually thereafter for the 3 succeeding years.
       ``(4) Appropriations.--Out of any money in the Treasury of 
     the United States not otherwise appropriated, there are 
     appropriated for each of fiscal years 2004 through 2008, 
     $10,000,000 for the purpose of carrying out this 
     subsection.''.
                                 ______
                                 
  SA 2991. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed by him to the bill H.R. 4, to reauthorize and improve the 
program of block grants to States for temporary assistance for needy 
families, improve access to quality child care, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 253, between lines 6 and 7, and insert the 
     following:
       (d) Research on Indicators of Child Well-Being.--Section 
     413 (42 U.S.C. 613), as amended by subsection (a), is amended 
     by adding at the end the following:
       ``(m) Indicators of Child Well-Being.--
       ``(1) In general.--The Secretary, through grants, 
     contracts, or interagency agreements shall develop 
     comprehensive indicators to assess child well-being in each 
     State.
       ``(2) Requirements.--
       ``(A) In general.--The indicators developed under paragraph 
     (1) shall include measures related to the following:
       ``(i) Education.
       ``(ii) Social and emotional development.
       ``(iii) Health and safety.
       ``(iv) Family well-being, such as family structure, income, 
     employment, child care arrangements, and family 
     relationships.
       ``(B) Other requirements.--The data collected with respect 
     to the indicators developed under paragraph (1) shall be--
       ``(i) statistically representative at the State level;
       ``(ii) consistent across States;
       ``(iii) collected on an annual basis for at least the 5 
     years preceding the year of collection;
       ``(iv) expressed in terms of rates or percentages;

[[Page 5902]]

       ``(v) statistically representative at the national level;
       ``(vi) measured with reliability;
       ``(vii) current; and
       ``(viii) over-sampled, with respect to low-income children 
     and families.
       ``(C) Consultation.--In developing the indicators required 
     under paragraph (1) and the means to collect the data 
     required with respect to the indicators, the Secretary shall 
     consult and collaborate with the Federal Interagency Forum on 
     Child and Family Statistics.
       ``(3) Advisory panel.--
       ``(A) Establishment.--The Secretary shall establish an 
     advisory panel to make recommendations regarding the 
     appropriate measures and statistical tools necessary for 
     making the assessment required under paragraph (1) based on 
     the indicators developed under that paragraph and the data 
     collected with respect to the indicators.
       ``(B) Membership.--
       ``(i) In general.--The advisory panel established under 
     subparagraph (A) shall consist of the following:

       ``(I) One member appointed by the Secretary of Health and 
     Human Services.
       ``(II) One member appointed by the Chairman of the 
     Committee on Ways and Means of the House of Representatives.
       ``(III) One member appointed by the Ranking Member of the 
     Committee on Ways and Means of the House of Representatives.
       ``(IV) One member appointed by the Chairman of the 
     Committee on Finance of the Senate.
       ``(V) One member appointed by the Ranking Member of the 
     Committee on Finance of the Senate.
       ``(VI) One member appointed by the Chairman of the National 
     Governors Association, or the Chairman's designee.
       ``(VII) One member appointed by the President of the 
     National Conference of State Legislatures or the President's 
     designee.
       ``(VIII) One member appointed by the Director of the 
     National Academy of Sciences, or the Director's designee.

       ``(ii) Deadline.--The members of the advisory panel shall 
     be appointed not later than 2 months after the date of 
     enactment of the Personal Responsibility and Individual 
     Development for Everyone Act.
       ``(C) Meetings.--The advisory panel established under 
     subparagraph (A) shall meet--
       ``(i) at least 3 times during the first year after the date 
     of enactment of the Personal Responsibility and Individual 
     Development for Everyone Act; and
       ``(ii) annually thereafter for the 3 succeeding years.
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated for each of fiscal years 2005 
     through 2009, $10,000,000 for the purpose of carrying out 
     this subsection.''.
                                 ______
                                 
  SA 2992. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed by him to the bill H.R. 4, to reauthorize and improve the 
program of block grants to States for temporary assistance for needy 
families, improve access to quality child care, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 230, between lines 22 and 23, insert the following:
       (b) Limitation on Penalty for Failure To Satisfy Minimum 
     Participation Rates for Improving States.--Section 409(a)(3) 
     (42 U.S.C. 609(a)(3)), as amended by section 110(a)(2)(B), is 
     amended--
       (1) in subparagraph (A), by striking ``If the Secretary'' 
     and inserting ``Subject to subparagraphs (C) and (D), if the 
     Secretary''; and
       (2) by adding at the end the following:
       ``(D) Limitation on application of penalty for failure to 
     satisfy minimum participation rate.--Notwithstanding the 
     preceding subparagraphs of this paragraph, in the case of a 
     State that has a participation rate under section 407(b) for 
     the fiscal year that is at least 5 percentage points more 
     than the participation rate determined under that section for 
     the State for the preceding fiscal year, the Secretary shall 
     not reduce the grant payable to a State under section 
     403(a)(1) for the immediately succeeding fiscal year based on 
     the failure of the State to comply with section 407(a). In 
     the case of a State that operated a State program under this 
     part under waiver authority under section 415, 1115, or 
     otherwise, that expired during the preceding fiscal year, the 
     Secretary shall take the expiration of such waiver into 
     account for purposes of applying this subparagraph to that 
     State for the immediately succeeding fiscal year.''.
                                 ______
                                 
  SA 2993. Mr. ROCKEFELLER (for himself and Mrs. Lincoln) submitted an 
amendment intended to be proposed by him to the bill H.R. 4, to 
reauthorize and improve the program of block grants to States for 
temporary assistance for needy families, improve access to quality 
child care, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 217, between lines 9 and 10, insert the following:
       (g) State Option for Exclusion of Certain Recipients From 
     the Determination of Monthly Participation Rates.--Section 
     407(b)(1)(B) (42 U.S.C. 607(b)(1)(B)) is amended--
       (1) in clause (i), by inserting ``, but not including any 
     family for which the State has exercised the option described 
     in clause (ii)(I)'' before the semicolon; and
       (2) in clause (ii)--
       (A) in subclause (I), by inserting ``, but (at State option 
     for all such families or on a case-by-case basis) not 
     including families for which the adult or minor child head of 
     household who received assistance during the month was 
     subsequently determined eligible for supplemental security 
     income benefits under title XVI during the fiscal year'' 
     before the semicolon; and
       (B) in subclause (II), by inserting ``and (if the State 
     elected the option described in subclause (I)) not including 
     families for which the adult or minor child head of household 
     who received assistance during the month was subsequently 
     determined eligible for supplemental security income benefits 
     under title XVI during the fiscal year'' before the period.
                                 ______
                                 
  SA 2994. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill H.R. 4, to reauthorize and improve the program of block 
grants to States for temporary assistance for needy families, improve 
access to quality child care, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

 TITLE __--PARENTAL RESPONSIBILITY OBLIGATIONS MET THROUGH IMMIGRATION 
                           SYSTEM ENFORCEMENT

     SEC. __01. SHORT TITLE OF TITLE.

       This title may be cited as the ``Parental Responsibility 
     Obligations Met through Immigration System Enforcement Act'' 
     or ``PROMISE Act''.

     SEC. __02. ALIENS INELIGIBLE TO RECEIVE VISAS AND EXCLUDED 
                   FROM ADMISSION FOR NONPAYMENT OF CHILD SUPPORT.

       Section 212(a)(10) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a)(10)) is amended by adding at the end the 
     following:
       ``(F) Nonpayment of child support.--
       ``(i) In general.--Except as provided in clause (ii), an 
     alien who is legally obligated under a judgment, decree, or 
     order to pay child support and whose failure to pay such 
     child support has resulted in arrearages that exceed the 
     amount specified in section 454(31) of the Social Security 
     Act (42 U.S.C. 654(31)) is inadmissible.
       ``(ii) Exception.--An alien described in clause (i) may be 
     admissible when--

       ``(I) child support payments under the judgment, decree, or 
     order are satisfied; or
       ``(II) the alien is in compliance with an approved payment 
     agreement.

       ``(iii) Federal parent locator service.--The Federal Parent 
     Locator Service, established under section 453 of the Social 
     Security Act (42 U.S.C. 653), shall be used to determine if 
     an alien is inadmissible under clause (i).
       ``(iv) Request by foreign country.--For purposes of clause 
     (i), any request for services by a foreign reciprocating 
     country or a foreign country with which a State has an 
     arrangement described in section 459A(d) of the Social 
     Security Act (42 U.S.C. 659a(d)) shall be treated as a State 
     request.''.

     SEC. __03. AUTHORITY TO PAROLE ALIENS EXCLUDED FROM ADMISSION 
                   FOR NONPAYMENT OF CHILD SUPPORT.

       Section 212(d)(5) of the Immigration and Nationality Act (8 
     U.S.C. 1182(d)(5)) is amended by adding at the end the 
     following:
       ``(C)(i) The Secretary of Homeland Security may, in the 
     Secretary's discretion, parole into the United States, or in 
     the case of an alien who is applying for a visa at a consular 
     post, grant advance parole, to any alien who is inadmissible 
     under subsection (a)(10)(F)(i) if--
       ``(I) the Secretary of Homeland Security places such alien 
     into removal proceedings;
       ``(II) the alien demonstrates to the satisfaction of the 
     Secretary of Homeland Security that such parole is essential 
     to the compliance and fulfillment of child support 
     obligations;
       ``(III) the alien demonstrates that the alien has 
     employment in the United States and is authorized by law for 
     employment in the United States; and
       ``(IV) the alien is not inadmissible under any other 
     provision of law.
       ``(ii) The Secretary of State may permit an alien described 
     in clause (i) to present himself or herself at a port of 
     entry for the limited purpose of seeking parole pursuant to 
     clause (i).''.

     SEC. __04. EFFECT OF NONPAYMENT OF CHILD SUPPORT ON 
                   ESTABLISHMENT OF GOOD MORAL CHARACTER.

       Section 101(f) of the Immigration and Nationality Act (8 
     U.S.C. 1101(f)) is amended--
       (1) in paragraph (8), by striking the period at the end and 
     inserting ``; or''; and
       (2) by inserting after paragraph (8) the following:

[[Page 5903]]

       ``(9) one who is legally obligated under a judgment, 
     decree, or order to pay child support (as defined in section 
     459(i) of the Social Security Act (42 U.S.C. 659(i))) and 
     whose failure to pay such child support has resulted in 
     arrearages that exceed the amount specified in section 
     454(31) of that Act (42 U.S.C. 654(31)), unless support 
     payments under the judgment, decree, or order are satisfied 
     or the alien is in compliance with an approved payment 
     agreement.''.

     SEC. __05. AUTHORIZATION TO SERVE LEGAL PROCESS IN CHILD 
                   SUPPORT CASES ON CERTAIN VISA APPLICANTS AND 
                   ARRIVING ALIENS.

       Section 235(d) of the Immigration and Nationality Act (8 
     U.S.C. 1225(d)) is amended by adding at the end the 
     following:
       ``(5) Authority to serve process in child support cases.--
       ``(A) In general.--To the extent consistent with State law, 
     immigration officers are authorized to serve on any alien who 
     is an applicant for admission to the United States, legal 
     process with respect to--
       ``(i) any action to enforce a legal obligation of an 
     individual to pay child support (as defined in section 459(i) 
     of the Social Security Act (42 U.S.C. 659(i)); or
       ``(ii) any action to establish paternity.
       ``(B) Definition.--For purposes of subparagraph (A), the 
     term `legal process' means any writ, order, summons, or other 
     similar process that is issued by--
       ``(i) a court or an administrative agency of competent 
     jurisdiction in any State, territory, or possession of the 
     United States; or
       ``(ii) an authorized official pursuant to an order of such 
     a court or agency or pursuant to State or local law.''.

     SEC. __06. AUTHORIZATION TO OBTAIN INFORMATION ON CHILD 
                   SUPPORT PAYMENTS BY ALIENS.

       Section 453(h) (42 U.S.C. 653(h)) is amended by adding at 
     the end the following:
       ``(4) Provision to attorney general, secretary of homeland 
     security, and secretary of state of information on persons 
     delinquent in child support payments.--
       ``(A) In general.--Notwithstanding any other provision of 
     law and in accordance with the requirements of subsection 
     (b), on request by the Attorney General, Secretary of 
     Homeland Security, or Secretary of State, the Secretary of 
     Health and Human Services shall provide and transmit to 
     authorized persons through the Federal Parent Locator Service 
     such information as the Secretary of Health and Human 
     Services determines may aid the authorized person in 
     establishing whether an alien is delinquent in the payment of 
     child support.
       ``(B) Authorized person defined.--For purposes of 
     subparagraph (A), the term `authorized person' means any 
     administrative agency, immigration officer, or consular 
     officer (as defined in section 101(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)) having the authority to 
     investigate or enforce the naturalization laws of the United 
     States with respect to the legal entry and status of 
     aliens.''.

     SEC. __07. EFFECTIVE DATE.

       This Act and the amendments made by this Act shall take 
     effect on the date that is 90 days after the date of 
     enactment of this Act and shall apply to aliens who apply for 
     benefits under the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.) on or after such effective date.
                                 ______
                                 
  SA 2995. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill H.R. 4, to reauthorize and improve the program of block 
grants to States for temporary assistance for needy families, improve 
access to quality child care, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 154, between lines 15 and 16, insert the following:
       ``(ix) Training for individuals who will conduct any of the 
     programs or activities described in clauses (i) through 
     (viii).
       On page 239, between lines 8 and 9, insert the following:
       (c) Clarification of Application of Indian Employment, 
     Training and Related Services Demonstration Act of 1992.--
     Section 412 (42 U.S.C.612), as amended by section 108(b)(2), 
     is amended by adding at the end the following:
       ``(i) Application of Indian Employment, Training and 
     Related Services Demonstration Act of 1992.--Notwithstanding 
     any other provision of law, if an Indian tribe elects to 
     incorporate the services it provides using funds made 
     available under this part into a plan under section 6 of the 
     Indian Employment, Training and Related Services 
     Demonstration Act of 1992 (25 U.S.C. 3405), the programs 
     authorized to be conducted with such funds shall be--
       ``(1) considered to be programs subject to section 5 of the 
     Indian Employment, Training and Related Services 
     Demonstration Act of 1992 (25 U.S.C. 3404); and
       ``(2) subject to the single plan and single budget 
     requirements of section 6 of that Act (25 U.S.C. 3505) and 
     the single report format required under section 11 of that 
     Act (25 U.S.C. 3410).''.
       On page 305, line 22, insert ``or calculated by the State 
     based on such order'' before the first period.
                                 ______
                                 
  SA 2996. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 4, to reauthorize and improve the program of 
block grants to States for temporary assistance for needy families, 
improve access to quality child care, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                    TITLE __--FAMILY OPPORTUNITY ACT

     SEC. __01. SHORT TITLE OF TITLE.

       This title may be cited as the ``Family Opportunity Act of 
     2004'' or the ``Dylan Lee James Act''.

     SEC. __02. OPPORTUNITY FOR FAMILIES OF DISABLED CHILDREN TO 
                   PURCHASE MEDICAID COVERAGE FOR SUCH CHILDREN.

       (a) State Option To Allow Families of Disabled Children To 
     Purchase Medicaid Coverage for Such Children.--
       (1) In general.--Section 1902 (42 U.S.C. 1396a) is 
     amended--
       (A) in subsection (a)(10)(A)(ii)--
       (i) by striking ``or'' at the end of subclause (XVII);
       (ii) by adding ``or'' at the end of subclause (XVIII); and
       (iii) by adding at the end the following new subclause:

       ``(XIX) who are disabled children described in subsection 
     (cc)(1);''; and

       (B) by adding at the end the following new subsection:
       ``(cc)(1) Individuals described in this paragraph are 
     individuals--
       ``(A) who have not attained 18 years of age;
       ``(B) who would be considered disabled under section 
     1614(a)(3)(C) but for having earnings or deemed income or 
     resources (as determined under title XVI for children) that 
     exceed the requirements for receipt of supplemental security 
     income benefits; and
       ``(C) whose family income does not exceed such income level 
     as the State establishes and does not exceed--
       ``(i) 250 percent of the poverty line (as defined in 
     section 2110(c)(5)) applicable to a family of the size 
     involved; or
       ``(ii) such higher percent of such poverty line as a State 
     may establish, except that--
       ``(I) any medical assistance provided to an individual 
     whose family income exceeds 250 percent of such poverty line 
     may only be provided with State funds; and
       ``(II) no Federal financial participation shall be provided 
     under section 1903(a) for any medical assistance provided to 
     such an individual.''.
       (2) Interaction with employer-sponsored family coverage.--
     Section 1902(cc) (42 U.S.C. 1396a(cc)), as added by paragraph 
     (1)(B), is amended by adding at the end the following new 
     paragraph:
       ``(2)(A) If an employer of a parent of an individual 
     described in paragraph (1) offers family coverage under a 
     group health plan (as defined in section 2791(a) of the 
     Public Health Service Act), the State shall--
       ``(i) require such parent to apply for, enroll in, and pay 
     premiums for, such coverage as a condition of such parent's 
     child being or remaining eligible for medical assistance 
     under subsection (a)(10)(A)(ii)(XIX) if the parent is 
     determined eligible for such coverage and the employer 
     contributes at least 50 percent of the total cost of annual 
     premiums for such coverage; and
       ``(ii) if such coverage is obtained--
       ``(I) subject to paragraph (2) of section 1916(h), reduce 
     the premium imposed by the State under that section in an 
     amount that reasonably reflects the premium contribution made 
     by the parent for private coverage on behalf of a child with 
     a disability; and
       ``(II) treat such coverage as a third party liability under 
     subsection (a)(25).
       ``(B) In the case of a parent to which subparagraph (A) 
     applies, a State, subject to paragraph (1)(C)(ii), may 
     provide for payment of any portion of the annual premium for 
     such family coverage that the parent is required to pay. Any 
     payments made by the State under this subparagraph shall be 
     considered, for purposes of section 1903(a), to be payments 
     for medical assistance.''.
       (b) State Option To Impose Income-Related Premiums.--
     Section 1916 (42 U.S.C. 1396o) is amended--
       (1) in subsection (a), by striking ``subsection (g)'' and 
     inserting ``subsections (g) and (h)''; and
       (2) by adding at the end the following new subsection:
       ``(h)(1) With respect to disabled children provided medical 
     assistance under section 1902(a)(10)(A)(ii)(XIX), subject to 
     paragraph (2), a State may (in a uniform manner for such 
     children) require the families of such children to pay 
     monthly premiums set on a sliding scale based on family 
     income.
       ``(2) A premium requirement imposed under paragraph (1) may 
     only apply to the extent that--
       ``(A) the aggregate amount of such premium and any premium 
     that the parent is required to pay for family coverage under 
     section 1902(cc)(2)(A)(i) does not exceed 5 percent of the 
     family's income; and
       ``(B) the requirement is imposed consistent with section 
     1902(cc)(2)(A)(ii)(I).

[[Page 5904]]

       ``(3) A State shall not require prepayment of a premium 
     imposed pursuant to paragraph (1) and shall not terminate 
     eligibility of a child under section 1902(a)(10)(A)(ii)(XIX) 
     for medical assistance under this title on the basis of 
     failure to pay any such premium until such failure continues 
     for a period of not less than 60 days from the date on which 
     the premium became past due. The State may waive payment of 
     any such premium in any case where the State determines that 
     requiring such payment would create an undue hardship.''.
       (c) Conforming Amendment.--Section 1903(f)(4) (42 U.S.C. 
     1396b(f)(4)) is amended in the matter preceding subparagraph 
     (A), by inserting ``1902(a)(10)(A)(ii)(XIX),'' after 
     ``1902(a)(10)(A)(ii)(XVIII),''.
       (d) Rule of Construction.--Notwithstanding any other 
     provision of law, nothing in the amendments made by this 
     section shall be construed as permitting the application of 
     the enhanced FMAP (as defined in section 2105(b) of the 
     Social Security Act (42 U.S.C. 1397ee(b)) to expenditures 
     that are attributable to disabled children provided medical 
     assistance under section 1902(a)(10)(A)(ii)(XIX) of such Act 
     (42 U.S.C. 1396a(a)(10)(A)(ii)(XIX)) (as added by subsection 
     (a) of this section).
       (e) Effective Date.--The amendments made by this section 
     shall apply to medical assistance for items and services 
     furnished on or after October 1, 2006.

     SEC. __03. TREATMENT OF INPATIENT PSYCHIATRIC HOSPITAL 
                   SERVICES FOR INDIVIDUALS UNDER AGE 21 IN HOME 
                   OR COMMUNITY-BASED SERVICES WAIVERS.

       (a) In General.--Section 1915(c) (42 U.S.C. 1396n(c)) is 
     amended--
       (1) in paragraph (1)--
       (A) in the first sentence, by inserting ``, or would 
     require inpatient psychiatric hospital services for 
     individuals under age 21,'' after ``intermediate care 
     facility for the mentally retarded''; and
       (B) in the second sentence, by inserting ``, or would 
     require inpatient psychiatric hospital services for 
     individuals under age 21'' before the period;
       (2) in paragraph (2)(B), by striking ``or services in an 
     intermediate care facility for the mentally retarded'' each 
     place it appears and inserting ``services in an intermediate 
     care facility for the mentally retarded, or inpatient 
     psychiatric hospital services for individuals under age 21'';
       (3) in paragraph (2)(C)--
       (A) by inserting ``, or who are determined to be likely to 
     require inpatient psychiatric hospital services for 
     individuals under age 21,'' after ``, or intermediate care 
     facility for the mentally retarded''; and
       (B) by striking ``or services in an intermediate care 
     facility for the mentally retarded'' and inserting ``services 
     in an intermediate care facility for the mentally retarded, 
     or inpatient psychiatric hospital services for individuals 
     under age 21''; and
       (4) in paragraph (7)(A)--
       (A) by inserting ``or would require inpatient psychiatric 
     hospital services for individuals under age 21,'' after 
     ``intermediate care facility for the mentally retarded,''; 
     and
       (B) by inserting ``or who would require inpatient 
     psychiatric hospital services for individuals under age 21'' 
     before the period.
       (b) Effective Date.--The amendments made by subsection (a) 
     apply with respect to medical assistance provided on or after 
     October 1, 2006.

     SEC. __04. DEVELOPMENT AND SUPPORT OF FAMILY-TO-FAMILY HEALTH 
                   INFORMATION CENTERS.

       Section 501 (42 U.S.C. 701) is amended by adding at the end 
     the following new subsection:
       ``(c)(1)(A) For the purpose of enabling the Secretary 
     (through grants, contracts, or otherwise) to provide for 
     special projects of regional and national significance for 
     the development and support of family-to-family health 
     information centers described in paragraph (2)--
       ``(i) there is appropriated to the Secretary, out of any 
     money in the Treasury not otherwise appropriated--
       ``(I) $3,000,000 for fiscal year 2006;
       ``(II) $4,000,000 for fiscal year 2007; and
       ``(III) $5,000,000 for fiscal year 2008; and
       ``(ii) there is authorized to be appropriated to the 
     Secretary, $5,000,000 for each of fiscal years 2009 and 2010.
       ``(B) Funds appropriated or authorized to be appropriated 
     under subparagraph (A) shall--
       ``(i) be in addition to amounts appropriated under 
     subsection (a) and retained under section 502(a)(1) for the 
     purpose of carrying out activities described in subsection 
     (a)(2); and
       ``(ii) remain available until expended.
       ``(2) The family-to-family health information centers 
     described in this paragraph are centers that--
       ``(A) assist families of children with disabilities or 
     special health care needs to make informed choices about 
     health care in order to promote good treatment decisions, 
     cost-effectiveness, and improved health outcomes for such 
     children;
       ``(B) provide information regarding the health care needs 
     of, and resources available for, children with disabilities 
     or special health care needs;
       ``(C) identify successful health delivery models for such 
     children;
       ``(D) develop with representatives of health care 
     providers, managed care organizations, health care 
     purchasers, and appropriate State agencies a model for 
     collaboration between families of such children and health 
     professionals;
       ``(E) provide training and guidance regarding caring for 
     such children;
       ``(F) conduct outreach activities to the families of such 
     children, health professionals, schools, and other 
     appropriate entities and individuals; and
       ``(G) are staffed by families of children with disabilities 
     or special health care needs who have expertise in Federal 
     and State public and private health care systems and health 
     professionals.
       ``(3) The Secretary shall develop family-to-family health 
     information centers described in paragraph (2) in accordance 
     with the following:
       ``(A) With respect to fiscal year 2006, such centers shall 
     be developed in not less than 25 States.
       ``(B) With respect to fiscal year 2007, such centers shall 
     be developed in not less than 40 States.
       ``(C) With respect to fiscal year 2008, such centers shall 
     be developed in all States.
       ``(4) The provisions of this title that are applicable to 
     the funds made available to the Secretary under section 
     502(a)(1) apply in the same manner to funds made available to 
     the Secretary under paragraph (1)(A).
       ``(5) For purposes of this subsection, the term `State' 
     means each of the 50 States and the District of Columbia.''.

     SEC. __05. RESTORATION OF MEDICAID ELIGIBILITY FOR CERTAIN 
                   SSI BENEFICIARIES.

       (a) In General.--Section 1902(a)(10)(A)(i)(II) (42 U.S.C. 
     1396a(a)(10)(A)(i)(II)) is amended--
       (1) by inserting ``(aa)'' after ``(II)'';
       (2) by striking ``) and'' and inserting ``and'';
       (3) by striking ``section or who are'' and inserting 
     ``section), (bb) who are''; and
       (4) by inserting before the comma at the end the following: 
     ``, or (cc) who are under 21 years of age and with respect to 
     whom supplemental security income benefits would be paid 
     under title XVI if subparagraphs (A) and (B) of section 
     1611(c)(7) were applied without regard to the phrase `the 
     first day of the month following'''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to medical assistance for items and services 
     furnished on or after January 1, 2006.
                                 ______
                                 
  SA 2997. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill H.R. 4, to reauthorize and improve the program of 
block grants to States for temporary assistance for needy families, 
improve access to quality child care, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 295, between lines 10 and 11, insert the following:

     SEC. 121. APPLICATION OF PROVISIONS RELATING TO CHARITABLE, 
                   RELIGIOUS, OR PRIVATE ORGANIZATIONS TO 
                   CONTRACTS TO PROVIDE SERVICES UNDER THE SOCIAL 
                   SERVICES BLOCK GRANT.

       (a) In General.--Section 104(a)(2) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (42 U.S.C. 604a(a)(2)) is amended by adding at the end 
     the following:
       ``(C) The program to provide block grants to States for 
     social services established under title XX of the Social 
     Security Act (42 U.S.C. 1397 et seq.).''.
       (b) Effective Date.--The amendment made by subsection (a) 
     takes effect on the date of enactment of this Act.
                                 ______
                                 
  SA 2998. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill H.R. 4, to reauthorize and improve the program of block 
grants to States for temporary assistance for needy families, improve 
access to quality child care, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. 121. FRAUD PREVENTION.

       (a) Enforcement of Prohibition on Assistance For Fugitive 
     Felons and Probation and Parole Violators.--Section 408(a)(9) 
     (42 U.S.C. 608(a)(9)) is amended by adding at the end the 
     following:
       ``(C) Enforcement.--
       ``(i) Requirement to compare applicants against FBI 
     database.--Beginning with fiscal year 2005, each State to 
     which a grant is made under section 403 shall compare 
     information on each adult applicant for assistance under the 
     State program funded under this part, benefits under the food 
     stamp program, supplemental security income benefits under 
     title XVI, or cash benefits under the unemployment 
     compensation law of a State

[[Page 5905]]

     approved by the Secretary of Labor under section 3304 of the 
     Internal Revenue Code of 1986, against the database of wanted 
     felons maintained by the Federal Bureau of Investigation in 
     order to determine if the applicant is a wanted felon.
       ``(ii) Requirement to notify law enforcement authorities.--
     If an adult applicant matches an individual listed in the 
     database referred to in clause (i), the State shall 
     immediately notify the appropriate law enforcement 
     authorities of the match.''.
       (b) Requirement to Use Accurate Employment Information.--
     Section 408 (42 U.S.C. 608), as amended by this Act, is 
     further amended by adding at the end the following:
       ``(h) State Requirement to Utilize Accurate Employment 
     Information.--
       ``(1) Comparison of recipients with information in the 
     national directory of new hires.--Not later than July 2004, 
     and each month thereafter, each State to which a grant is 
     made under section 403 promptly shall compare each adult 
     recipient of assistance under a State program funded under 
     this part with information in the National Directory of New 
     Hires established under section 453(i) to determine if the 
     adult recipient has earnings that have not been reported to 
     the State agency responsible for administering the program 
     funded under this part.
       ``(2) Reduction of cash assistance and penalties.--If the 
     comparison under paragraph (1) demonstrates that an adult 
     recipient has unreported earnings, the State shall reduce 
     cash assistance to the adult recipient and apply penalties, 
     as appropriate.''.
                                 ______
                                 
  SA 2999. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill H.R. 4, to authorize and improve the program of block 
grants to States for temporary assistance for needy families, improve 
access to quality child care, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, add the following:
       (__) Requirement.--Notwithstanding any other provision of 
     law, with respect to any Federal means-tested public benefit 
     (as defined for purposes of title IV of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996) that, before the date of enactment of this Act, could 
     not be provided to an alien and, as a result of a provision 
     of, or an amendment made by, this Act, may be provided to an 
     alien on or after such date, such benefit shall not be 
     provided unless the sponsor of the alien executes an 
     affidavit attesting that the sponsor lacks the means to 
     provide the benefit or its equivalent to the alien.
                                 ______
                                 
  SA 3000. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill H.R. 4, to reauthorize and improve the program of block 
grants to States for temporary assistance for needy families, improve 
access to quality child care, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, add the following:
       (__) Requirement.--Notwithstanding any other provision of 
     law, with respect to any Federal means-tested public benefit 
     (as defined for purposes of title IV of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996) that, before the date of enactment of this Act, could 
     not be provided to an alien and, as a result of a provision 
     of, or an amendment made by, this Act, may be provided to an 
     alien on or after such date, such benefit shall not be 
     provided unless proof of legal immigrant status is submitted 
     with the application for such benefit.
                                 ______
                                 
  SA 3001. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill H.R. 4, to reauthorize and improve the program of block 
grants to States for temporary assistance for needy families, improve 
access to quality child care, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, add the following:
       (__) Requirement.--Notwithstanding any other provision of 
     law, with respect to any Federal means-tested public benefit 
     (as defined for purposes of title IV of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996) that, before the date of enactment of this Act, could 
     not be provided to an alien and, as a result of a provision 
     of, or an amendment made by, this Act, may be provided to an 
     alien on or after such date, such benefit shall not be 
     provided unless--
       (1) proof of legal immigrant status is submitted with the 
     application for such benefit; and
       (2) the sponsor of the alien executes an affidavit 
     attesting that the sponsor lacks the means to provide the 
     benefit or its equivalent to the alien.
                                 ______
                                 
  SA 3002. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill H.R. 4, to reauthorize and improve the program of block 
grants to States for temporary assistance for needy families, improve 
access to quality child care, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, add the following:
       (__) Requirement.--Notwithstanding any other provision of 
     law, with respect to any medical assistance under the 
     medicaid program that, before the date of enactment of this 
     Act, could not be provided to an alien and, as a result of a 
     provision of, or an amendment made by, this Act, may be 
     provided to an alien on or after such date, such assistance 
     shall not be provided unless proof of legal immigrant status 
     is submitted with the application for such assistance.
                                 ______
                                 
  SA 3003. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill H.R. 4, to reauthorize and improve the program of block 
grants to States for temporary assistance for needy families, improve 
access to quality child care, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, add the following:
       (__) Requirement.--Notwithstanding any other provision of 
     law, with respect to any medical assistance under the 
     medicaid program that, before the date of enactment of this 
     Act, could not be provided to an alien and, as a result of a 
     provision of, or an amendment made by, this Act, may be 
     provided to an alien on or after such date, such assistance 
     shall not be provided unless the sponsor of the alien 
     executes an affidavit attesting that the sponsor lacks the 
     means to provide the assistance or its equivalent to the 
     alien.
                                 ______
                                 
  SA 3004. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 4, to reauthorize and improve the program of 
block grants to States for temporary assistance for needy families, 
improve access to quality child care, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REIMBURSEMENT FOR MEANS-TESTED PUBLIC BENEFITS 
                   PROVIDED TO SPONSORED ALIENS.

       (a) In General.--Section 1137(d) (42 U.S.C. 1320b-7(d)) is 
     amended--
       (1) by striking paragraph (2) and inserting the following:
       ``(2) If such an individual is not a citizen or national of 
     the United States, there must be presented--
       ``(A) either--
       ``(i) alien registration documentation or other proof of 
     immigration registration from the Immigration and 
     Naturalization Service that contains the individual's alien 
     admission number or alien file number (or numbers if the 
     individual has more than one number); or
       ``(ii) such other documents as the State determines 
     constitutes reasonable evidence indicating a satisfactory 
     immigration status; and
       ``(B) such information and documentation as is necessary in 
     order for the State to determine if the alien has a sponsor 
     in order to comply with the requirements of section 213A of 
     the Immigration and Nationality Act.''; and
       (2) by striking paragraph (3) and inserting the following:
       ``(3) If documentation required under paragraph (2) is 
     presented, the State shall--
       ``(A) utilize the individual's alien file or alien 
     admission number to verify with the Immigration and 
     Naturalization Service the individual's immigration status 
     through an automated or other system (designated by the 
     Service for use with States) that--
       ``(i) utilizes the individual's name, file number, 
     admission number, or other means permitting efficient 
     verification; and
       ``(ii) protects the individual's privacy to the maximum 
     degree possible;
       ``(B) verify through such system whether the alien has a 
     sponsor and if so, the existence of an affidavit of support 
     executed by such sponsor; and
       ``(C) if such an affidavit of support exists, request 
     reimbursement by the sponsor in an amount equal to the 
     unreimbursed costs of any benefits that have been or will be 
     provided to the alien in accordance with section 213A of the 
     Immigration and Nationality Act.''.
       (b) Conforming Amendment.--Section 1137(d)(4) (42 U.S.C. 
     1320b-7(d)(4)) is amended by striking ``paragraph (2)(A)'' 
     and inserting ``subparagraphs (A)(i) and (B) of paragraph 
     (2)''.
                                 ______
                                 
  SA 3005. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 4, to reauthorize and improve the program of 
block

[[Page 5906]]

grants to States for temporary assistance for needy families, improve 
access to quality child care, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end of the amendment, add the following:
       (__) Requirement.--Notwithstanding any other provision of 
     law, with respect to any Federal means-tested public benefit 
     (as defined for purposes of title IV of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996) that, before the date of enactment of this Act, could 
     not be provided to an alien and, as a result of a provision 
     of, or an amendment made by, this Act, may be provided to an 
     alien on or after such date, such benefit shall not be 
     provided unless--
       (1) proof of legal immigrant status is submitted with the 
     application for such benefit; and
       (2) the sponsor of the alien executes an affidavit 
     attesting that the sponsor lacks the means to provide the 
     benefit or its equivalent to the alien.
                                 ______
                                 
  SA 3006. Mr. FRIST (for Mr. McCain (for himself, Mr. Stevens, Mr. 
Dorgan, and Mr. Reid)) proposed an amendment to the bill S. 275, to 
amend the Professional Boxing Safety Act of 1996, and to establish the 
United States Boxing Administration; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Professional Boxing Amendments Act of 2004''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Professional Boxing Safety Act, of 1996.
Sec. 3. Definitions.
Sec. 4. Purposes.
Sec. 5. United States Boxing Commission approval, or ABC or commission 
              sanction, required for matches.
Sec. 6. Safety Standards.
Sec. 7. Registration.
Sec. 8. Review.
Sec. 9. Reporting.
Sec. 10. Contract requirements.
Sec. 11. Coercive contracts.
Sec. 12. Sanctioning organizations.
Sec. 13. Required disclosures by sanctioning organizations.
Sec. 14. Required disclosures by promoters.
Sec. 15. Judges and referees.
Sec. 16. Medical registry.
Sec. 17. Conflicts of interest.
Sec. 18. Enforcement.
Sec. 19. Repeal of deadwood.
Sec. 20. Recognition of tribal law.
Sec. 21. Establishment of United States Boxing Commission.
Sec. 22. Study and report on definition of promoter.
Sec. 23. Effective date.

     SEC. 2. AMENDMENT OF PROFESSIONAL BOXING SAFETY ACT OF 1996.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Professional Boxing Safety Act of 1996 
     (15 U.S.C. 6301 et seq.).

     SEC. 3. DEFINITIONS.

       (a) In General.--Section 2 (15 U.S.C. 6301) is amended to 
     read as follows:

     ``SEC. 2. DEFINITIONS.

       ``In this Act:
       ``(1) Commission.--The term `Commission' means the United 
     States Boxing Commission.
       ``(2) Bout agreement.--The term `bout agreement' means a 
     contract between a promoter and a boxer that requires the 
     boxer to participate in a professional boxing match for a 
     particular date.
       ``(3) Boxer.--The term `boxer' means an individual who 
     fights in a professional boxing match.
       ``(4) Boxing commission.--The term `boxing commission' 
     means an entity authorized under State or tribal law to 
     regulate professional boxing matches.
       ``(5) Boxer registry.--The term `boxer registry' means any 
     entity certified by the Commission for the purposes of 
     maintaining records and identification of boxers.
       ``(6) Boxing service provider.--The term `boxing service 
     provider' means a promoter, manager, sanctioning body, 
     licensee, or matchmaker.
       `` (7) Contract provision.--The term `contract provision' 
     means any legal obligation between a boxer and a boxing 
     service provider.
       ``(8) Indian lands; indian tribe.--The terms `Indian lands' 
     and `Indian tribe' have the meanings given those terms by 
     paragraphs (4) and (5), respectively, of section 4 of the 
     Indian Gaming Regulatory Act (25 U.S.C. 2703).
       ``(9) Licensee.--The term `licensee' means an individual 
     who serves as a trainer, corner man, second, or cut man for a 
     boxer.
       ``(10) Manager.--The term `manager' means a person other 
     than a. promoter who, under contract, agreement, or other 
     arrangement with a boxer, undertakes to control or 
     administer, directly or indirectly, a boxing-related matter 
     on behalf of that boxer, including a person who is a booking 
     agent for a boxer.
       ``(11) Matchmaker.--The term `matchmaker' means a person 
     that proposes, selects, and arranges for boxers to 
     participate in a professional boxing match.
       ``(12) Physician.--The term `physician' means a, doctor of 
     medicine legally authorized to practice medicine by the State 
     in which the physician per forms such function or action and 
     who has training and experience in dealing with sports 
     injuries, particularly head trauma.
       ``(13) Professional boxing match.--The term `professional 
     boxing match' means a. boxing contest held in the United 
     States between individuals for financial compensation. The 
     term `professional boxing match' does not include a boxing 
     contest that is regulated by a duly recognized amateur sports 
     organization, as approved by the Commission.
       ``(14) Promoter.--The term `promoter'--
       ``(A) means the person primarily responsible for 
     organizing, promoting, and producing a professional boxing 
     match; but
       ``(B) does not include a hotel, casino, resort, or other 
     commercial establishment hosting or sponsoring a professional 
     boxing match unless--
       ``(i) the hotel, casino, resort, or other commercial 
     establishment is primarily responsible for organizing, 
     promoting, and producing the match; and
       ``(ii) there is no other person primarily responsible for 
     organizing, promoting, and producing the match.
       ``(15) Promotional agreement.--The term `promotional 
     agreement' means a contract, for the acquisition of rights 
     relating to a boxer's participation in a professional boxing 
     match or series of boxing matches (including the right to 
     sell, distribute, exhibit, or license the match or matches), 
     with--
       ``(A) the boxer who is to participate in the match or 
     matches; or
       ``(B) the nominee of a boxer who is to participate in the 
     match or matches, or the nominee is an entity that is owned, 
     controlled or held in trust, for the boxer unless that 
     nominee or entity is a licensed promoter who is conveying a, 
     portion of the rights previously acquired.
       ``(16) State.--The term `State' means each of the 50 
     States, Puerto Rico, the District of Columbia, and any 
     territory or possession of the United States, including the 
     Virgin Islands.
       ``(17) Sanctioning organization.--The term `sanctioning 
     organization' means an organization, other than a boxing 
     commission, that sanctions professional boxing matches, ranks 
     professional boxers, or charges a sanctioning fee for 
     professional boxing matches in the United States--
       ``(A) between boxers who are residents of different States; 
     or
       ``(B) that are advertised, otherwise promoted, or broadcast 
     (including closed circuit television) in interstate commerce.
       ``(18) Suspension.--The term `suspension' includes within 
     its meaning the temporary revocation of a boxing license.
       ``(19) Tribal organization.--The term `tribal organization' 
     has the same meaning as in section 4(1) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(1)).''.
       (b) Conforming Amendment.--Section 21 (15 U.S.C. 6312) is 
     amended to read as follows:

     ``SEC. 21. PROFESSIONAL BOXING MATCHES CONDUCTED ON INDIAN 
                   LANDS.

       ``(a) In General.--Notwithstanding any other provision of 
     law, a. tribal organization may establish a, boxing 
     commission to regulate professional boxing matches held on 
     Indian land under the jurisdiction of that tribal 
     organization.
       ``(b) Standards and Licensing.--A tribal organization that 
     establishes a boxing commission shall, by tribal ordinance or 
     resolution, establish and provide for the implementation of 
     health and safety standards, licensing requirements, and 
     other requirements relating to the conduct of professional 
     boxing matches that are at least as restrictive as--
       ``(1) the otherwise applicable requirements of the State in 
     which the Indian land on which the professional boxing match 
     is held is located; or
       ``(2) the guidelines established by the United States 
     Boxing Commission.
       ``(c) Application of Act to Boxing Matches on Tribal 
     Lands.--The provisions of this Act apply to professional 
     boxing matches held on tribal lands to the same extent and in 
     the same way as they apply to professional boxing matches 
     held in any State.''.

     SEC. 4. PURPOSES.

       Section 3(2) (15 U.S.C. 6302(2)) is amended by striking 
     ``State''.

     SEC. 5. UNITED STATES BOXING COMMISSION APPROVAL, OR ABC OR 
                   COMMISSION SANCTION, REQUIRED FOR MATCHES.

       (a) In General.--Section 4 (15 U.S.C. 6303) is amended to 
     read as follows:

     ``SEC. 4. APPROVAL OR SANCTION REQUIREMENT.

       ``(a) In General.--No person may arrange, promote, 
     organize, produce, or fight in a professional boxing match 
     within the United States unless the match--

[[Page 5907]]

       ``(1) is approved by the Commission; and
       ``(2) is held in a State, or on tribal land of a tribal 
     organization, that regulates professional boxing snatches in 
     accordance with standards and criteria established by the 
     Commission.
       ``(b) Approval Presumed.--
       ``(1) In general.--For purposes of subsection (a), the 
     Commission shall be presumed to have approved any match other 
     than--
       ``(A) a match with respect to which the Commission has been 
     informed of an alleged violation of this Act and with respect 
     to which it has notified the supervising boxing commission 
     that it does not approve;
       ``(B) a match advertised to the public as a championship 
     match;
       ``(C) a, match scheduled for 10 rounds or more; or
       ``(D) a match in which 1 of the boxers has--
       ``(i) suffered 10 consecutive defeats in professional 
     boxing matches; or
       ``(ii) has been knocked out 5 consecutive times in 
     professional boxing matches.
       ``(2) Delegation of approval authority.--Notwithstanding 
     paragraph (1), the Commission shall be presumed to have 
     approved a match described in subparagraph (B), (C), or (D) 
     of paragraph (1) if--
       ``(A) the Commission has delegated its approval authority 
     with respect to that match to a boxing commission; and
       ``(B) the boxing commission has approved the match.
       ``(3) Knocked-out defined.--Except as may be otherwise 
     provided by the Commission by rule, in paragraph (1)(D)(ii), 
     the term `knocked out' means knocked down and unable to 
     continue after a count of 10 by the referee or stopped from 
     continuing because of a technical knockout.''.
       (b) Conforming Amendment.--Section 19 (15 U.S.C. 6310) is 
     repealed.

     SEC. 6. SAFETY STANDARDS.

       Section 5 (15 U.S.C. 6304) is amended--
       (1) by striking ``requirements or an alternative 
     requirement in effect under regulations of a boxing 
     commission that provides equivalent protection of the health 
     and safety of boxers:'' and inserting ``requirements:'';
       (2) by adding at the end of paragraph (1) ``The examination 
     shall include testing for infectious diseases in accordance 
     with standards established by the Commission.'';
       (3) by striking paragraph (2) and inserting the following:
       ``(2) An ambulance continuously present on site.'';
       (4) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively, and inserting after paragraph (2) 
     the following:
       ``(3) Emergency medical personnel with appropriate 
     resuscitation equipment continuously present oil site.''; and
       (5) by striking ``match.'' in paragraph (5), as 
     redesignated, and inserting ``match in an amount prescribed 
     by the Commission.''.

     SEC. 7. REGISTRATION.

       Section 6 (15 U.S.C. 6305) is amended--
       (1) by inserting ``or Indian tribe'' after ``State'' the 
     second place it appears in subsection (a)(2);
       (2) by striking the first sentence of subsection (c) and 
     inserting ``A boxing commission shall, in accordance with 
     requirements established by the Commission, make a health and 
     safety disclosure to a boxer when issuing an identification 
     card to that boxer.'';
       (3) by striking ``should'' in the second sentence of 
     subsection (c) and inserting ``shall, at a minimum,''; and
       (4) by adding at the end the following:
       ``(d) Copy of Registration and Identification Cards To Be 
     Sent to Commission.--A boxing commission shall furnish a copy 
     of each registration received under subsection (a), and each 
     identification card issued under subsection (b), to the 
     Commission.''.

     SEC. 8. REVIEW.

       Section 7 (15 U.S.C. 6306) is amended--
       (1) by striking ``that, except as provided in subsection 
     (b), no'' in subsection (a)(2) and inserting ``that, no'';
       (2) by striking paragraphs (3) and (4) of subsection (a) 
     and inserting the following:
       ``(3) Procedures to review a summary suspension when a 
     hearing before, the boxing commission is requested by a 
     boxer, licensee, manager, match maker; promoter, or other 
     boxing service provider which provides an opportunity for 
     that person to present evidence.'';
       (3) by striking subsection (b); and
       (4) by striking ``(a) Procedures.--

     SEC. 9. REPORTING.

       Section 8 (15 U.S.C. 6307) is amended--
       (1) by striking ``48 business hours'' and inserting ``2 
     business days'';
       (2) by striking ``bxoing'' and inserting ``boxing''; and
       (3) by striking ``each boxer registry.'' and inserting 
     ``the Commission.''.

     SEC. 10. CONTRACT REQUIREMENTS.

       Section 9 (15 U.S.C. 6307a) is amended to read as follows:

     ``SEC. 9. CONTRACT REQUIREMENTS.

       ``(a) In General.--The Commission, in consultation with the 
     Association of Boxing Commissions, shall develop guidelines 
     for minimum contractual provisions that shall be included in 
     each bout agreement, boxer-manager contract, and promotional 
     agreement. Each boxing commission shall ensure that these 
     minimal contractual provisions are present in any such 
     agreement or contract submitted to it.
       ``(b) Filing and Approval Requirements.--
       ``(1) Commission.--A manager or promoter shall submit a 
     copy of each boxer-manager contract and each promotional 
     agreement between that manager or promoter and a boxer to the 
     Commission, and, if requested, to the boxing commission with 
     jurisdiction over the bout.
       ``(2) Boxing commission.--A boxing commission may not 
     approve a professional boxing match unless a copy of the bout 
     agreement related to that match has been filed with it and 
     approved by it.
       ``(c) Bond or Other Surety.--A boxing commission may not 
     approve a professional boxing match unless the promoter of 
     that match has posted a surety bond, cashier's check, letter 
     of credit, cash, or other security with the boxing commission 
     in an amount acceptable to the boxing commission.''.

     SEC. 11. COERCIVE CONTRACTS.

       Section 10 (15 U.S.C. 6307b) is amended--
       (1) by striking paragraph (3) of subsection (a);
       (2) by inserting ``OR ELIMINATION'' after ``MANDATORY'' in 
     the heading of subsection (b); and
       (3) by inserting ``or elimination'' after ``mandatory'' in 
     subsection (b).

     SEC. 12. SANCTIONING ORGANIZATIONS.

       (a) In General.--Section 11 (15 U.S.C. 6307c) is amended to 
     read as follows:

     ``SEC. 11. SANCTIONING ORGANIZATIONS.

       ``(a) Objective Criteria.--Within 1 year after the date of 
     enactment of the Professional Boxing Amendments Act of 2004, 
     the Commission shall develop guidelines for objective and 
     consistent written criteria, for the rating of professional 
     boxers based on the athletic merits and professional record 
     of the boxers. Within 90 days after the Commission's 
     promulgation of the guidelines, each sanctioning organization 
     shall adopt the guidelines and follow them.
       ``(b) Notification of Change in Rating.--A sanctioning 
     organization shall, with respect to a change in the rating of 
     a boxer previously rated by such organization in the top 10 
     boxers--
       ``(1) post a copy, within 7 days after the change, on its 
     Internet website or home page, if any, including an 
     explanation of the change, for a period of not less than 30 
     days;
       ``(2) provide a copy of the rating change and a thorough 
     explanation in writing under penalty of perjury to the boxer 
     and the Commission;
       ``(3) provide the boxer an opportunity to appeal the 
     ratings change to the sanctioning organization; and
       ``(4) apply the objective criteria for ratings required 
     under subsection (a) in considering any such appeal.
       ``(c) Challenge of Rating.--If, after disposing with an 
     appeal under subsection (b)(3), a sanctioning organization 
     receives a petition from a boxer challenging that 
     organization's rating of the boxer, it shall (except to the 
     extent otherwise required by the Commission), within 7 days 
     after receiving the petition--
       ``(1) provide to the boxer a written explanation under 
     penalty of perjury of the organization's rating criteria, its 
     rating of the boxer, and the rationale or basis for its 
     rating (including a response to any specific questions 
     submitted by the boxer); and
       ``(2) submit a copy of its explanation to the Association 
     of Boxing Commissions and the Commission for their review.''.
       (b) Conforming Amendments.--Section 18(e) (15 U.S.C. 
     6309(e)) is amended--
       (1) by striking ``Federal Trade Commission,'' in the 
     subsection heading and inserting ``United States Boxing 
     Commission''; and
       (2) by striking ``Federal Trade Commission,'' in paragraph 
     (1) and inserting ``United States Boxing Commission,''.

     SEC. 13. REQUIRED DISCLOSURES BY SANCTIONING ORGANIZATIONS.

       Section 12 (15 U.S.C. 6307d) is amended--
       (1) by striking the matter preceding paragraph (1) and 
     inserting ``Within 7 days after a professional boxing match 
     of 10 rounds or more, the sanctioning organization, if any, 
     for that match shall provide to the Commission, and, if 
     requested, to the boxing commission in the State or on Indian 
     land responsible for regulating the match, a written 
     statement of--'';
       (2) by striking ``will assess'' in paragraph (1) and 
     inserting ``has assessed, or will assess,''; and
       (3) by striking ``will receive'' in paragraph (2) and 
     inserting ``has received, or will receive,''.

     SEC. 14. REQUIRED DISCLOSURES BY PROMOTERS AND BROADCASTERS.

       Section 13 (15 U.S.C. 6307e) is amended--
       (1) by striking ``PROMOTERS.'' in the section caption and 
     inserting ``PROMOTERS AND BROADCASTERS.'';
       (2) by striking so much of subsection (a) as precedes 
     paragraph (1) and inserting the following:
       ``(a) Disclosures to Boxing Commissions and the 
     Commission.--Within 7 days after a professional boxing match 
     of 10 rounds or more, the promoter of any boxer participating 
     in that match shall provide to the

[[Page 5908]]

     Commission, and, if requested, to the boxing commission in 
     the State or on Indian land responsible for regulating the 
     match--'';
       (3) by striking ``writing,'' in subsection (a)(1) and 
     inserting ``writing, other than a bout agreement previously 
     provided to the commission,'';
       (4) by striking ``all fees, charges, and expenses that will 
     be'' in subsection (a)(3)(A) and inserting ``a written 
     statement of all fees, charges, and expenses that have been, 
     or will be,'';
       (5) by inserting ``a written statement of'' before ``all'' 
     in subsection (a)(3)(B);
       (6) by inserting ``a statement of'' before ``any'' in 
     subsection (a)(3)(C);
       (7) by striking the matter in subsection (b) following 
     ``Boxer.--'' and preceding paragraph (1) and inserting 
     ``Within 7 days after a professional boxing match of 10 
     rounds or more, the promoter of the match shall provide to 
     each boxer participating in the bout or match with whom the 
     promoter has a bout or promotional agreement a statement of--
     '';
       (8) by striking ``match;'' in subsection (b)(1) and 
     inserting ``match, and that the promoter has paid, or agreed 
     to pay, to any other person in connection with the match;''; 
     and
       (9) by adding at the end the following:
       ``(d) Required Disclosures by Broadcasters.--
       ``(1) In general.--A broadcaster that owns the television 
     broadcast rights for a professional boxing match of 10 rounds 
     or more shall, within 7 days after that match, provide to the 
     Commission--
       ``(A) a statement of any advance, guarantee, or license fee 
     paid or owed by the broadcaster to a promoter in connection 
     with that match;
       ``(B) a copy of any contract executed by or on behalf of 
     the broadcaster with--
       ``(i) a boxer who participated in that match; or
       ``(ii) the boxer's manager, promoter, promotional company, 
     or other representative or the owner or representative of the 
     site of the match; and
       ``(C) a list identifying sources of income received from 
     the broadcast of the match.
       ``(2) Copy to boxing commission.--Upon request from the 
     boxing commission in the State or Indian land responsible for 
     regulating a match to which paragraph (1) applies, a 
     broadcaster shall provide the information described in 
     paragraph (1) to that boxing commission.
       ``(3) Confidentiality.--The information provided to the 
     Commission or to a boxing commission pursuant to this 
     subsection shall be confidential and not revealed by the 
     Commission or a boxing commission, except that the Commission 
     may publish an analysis of the data in aggregate form or in a 
     manner which does not disclose confidential information about 
     identifiable broadcasters.
       ``(4) Television broadcast rights.--In paragraph (1), the 
     term `television broadcast rights' means the right to 
     broadcast the match, or any part thereof, via a broadcast 
     station, cable service, or multichannel video programming 
     distributor as such terms are defined in section 3(5), 
     602(6), and 602(13) of the Communications Act of 1934 (47 
     U.S.C. 153(5), 602(6), and 602(13), respectively).''.

     SEC. 15. JUDGES AND REFEREES.

       (a) In General.--Section 16 (15 U.S.C. 6307h) is amended--
       (1) by inserting ``(a) Licensing and Assignment 
     Requirement.--'' before ``No person'';
       (2) by striking ``certified and approved'' and inserting 
     ``selected'';
       (3) by inserting ``or Indian lands'' after
     ``State''; and
       (4) by adding at the end the following:
       ``(b) Championship and 10-Round Bouts.--In addition to the 
     requirements of subsection (a), no person may arrange, 
     promote, organize, produce, or fight in a professional boxing 
     match advertised to the public as a championship match or in 
     a professional boxing match scheduled for 10 rounds or more 
     unless all referees and judges participating in the match 
     have been licensed by the Commission.
       ``(c) Role of Sanctioning Organization.--A sanctioning 
     organization may provide a list of judges and referees deemed 
     qualified by that organization to a boxing commission, but 
     the boxing commission shall select, license, and appoint the 
     judges and referees participating in the match.
       ``(d) Assignment of Nonresident Judges and Referees.--A 
     boxing commission may assign judges and referees who reside 
     outside that commission's State or Indian land.
       ``(e) Required Disclosure.--A judge or referee shall 
     provide to the boxing commission responsible for regulating a 
     professional boxing match in a State or on Indian land a 
     statement of all consideration, including reimbursement for 
     expenses, that the judge or referee has received, or will 
     receive, from any source for participation in the match. If 
     the match is scheduled for 10 rounds or more, the judge or 
     referee shall also provide such a statement to the 
     Commission.''.
       (b) Conforming Amendment.--Section 14 (15 U.S.C. 6307f) is 
     repealed.

     SEC. 16. MEDICAL REGISTRY.

       The Act is amended by inserting after section 13 (15 U.S.C. 
     6307e) the following:

     ``SEC. 14. MEDICAL REGISTRY.

       ``(a) In General.--The Commission shall establish and 
     maintain, or certify a third party entity to establish and 
     maintain, a medical registry that contains comprehen-sive 
     medical records and medical denials or suspensions for every 
     licensed boxer.
       ``(b) Content; Submission.--The Commission shall 
     determine--
       ``(1) the nature of medical records and medical suspensions 
     of a boxer that are to be forwarded to the medical registry; 
     and
       ``(2) the time within which the medical records and medical 
     suspensions are to be submitted to the medical registry.
       ``(c) Confidentiality.--The Commission shall establish 
     confidentiality standards for the disclosure of personally 
     identifiable information to boxing commissions that will--
       ``(1) protect the health and safety of boxers by making 
     relevant information available to the boxing commissions for 
     use but not public disclosure; and
       ``(2) ensure that the privacy of the boxers is 
     protected.''.

     SEC. 17. CONFLICTS OF INTEREST.

       Section 17 (15 U.S.C. 6308) is amended--
       (1) by striking ``enforces State boxing laws,'' in 
     subsection (a) and inserting ``implements State or tribal 
     boxing laws, no officer or employee of the Commission,'';
       (2) by striking ``belong to,'' and inserting ``hold office 
     in,'' in subsection (a);
       (3) by striking the last sentence of subsection (a);
       (4) by striking subsection (b) and inserting the following:
       ``(b) Boxers.--A boxer may not own or control, directly or 
     indirectly, an entity that promotes the boxer's bouts if that 
     entity is responsible for--
       ``(1) executing a bout agreement or promotional agreement 
     with the boxer's opponent; or
       ``(2) providing any payment or other compensation to--
       ``(A) the boxer's opponent for participation in a bout with 
     the boxer;
       ``(B) the boxing commission that will regulate the bout; or
       ``(C) ring officials who officiate at the bout.''.

     SEC. 18. ENFORCEMENT.

       Section 18 (15 U.S.C. 6309) is amended--
       (1) by striking ``(a) Injunctions.--'' in subsection (a) 
     and inserting ``(a) Actions by Attorney General.--'';
       (2) by inserting ``any officer or employee of the 
     Commission,'' after ``laws,'' in subsection (b)(3);
       (3) by inserting ``has engaged in or'' after 
     ``organization'' in subsection (c);
       (4) by striking ``subsection (b)'' in subsection (c)(3) and 
     inserting ``subsection (b), a civil penalty, or''; and
       (5) by striking ``boxer'' in subsection (d) and inserting 
     ``person''.

     SEC. 19. REPEAL OF DEADWOOD.

       Section 20 (15 U.S.C. 6311) is repealed.

     SEC. 20. RECOGNITION OF TRIBAL LAW.

       Section 22 (15 U.S.C. (6313) is amended--
       (1) by insert. ``OR TRIBAL'' in the section heading after 
     ``STATE''; and
       (2) by inserting ``or Indian tribe'' after ``State''.

     SEC. 21. ESTABLISHMENT OF UNITED STATES BOXING COMMISSION.

       (a) In General.--The Act is amended by adding at the end 
     the following:

              ``TITLE II--UNITED STATES BOXING COMMISSION

     ``SEC. 201. PURPOSE.

       ``The purpose of this title is to protect the health, 
     safety, and welfare of boxers and to ensure fairness in the 
     sport of professional boxing.

     ``SEC. 202. UNITED STATES BOXING COMMISSION.

       ``(a) In General.--The United States Boxing Commission is 
     established as a commission within the Department of 
     Commerce.
       ``(b) Members.--
       ``(1) In general.--The Commission shall consist of 3 
     members appointed by the President, by and with the advice 
     and consent of the Senate.
       ``(2) Qualifications.--
       ``(A) In general.--Each member of the Commission shall be a 
     citizen of the United States who--
       ``(i) has extensive experience in professional boxing 
     activities or in a field directly related to professional 
     sports;
       ``(ii) is of outstanding character and recognized 
     integrity; and
       ``(iii) is selected on the basis of training, experience, 
     and qualifications and without regard to political party 
     affiliation.
       ``(B) Specific qualifications for certain members.--At 
     least 1 member of the Commission shall be a former member of 
     a local boxing authority. If practicable, at least 1 member 
     of the Commission shall be a physician or other health care 
     professional duly licensed as such.
       ``(C) Disinterested persons.--No member of the Commission 
     may, while serving as a member of the Commission--
       ``(i) be engaged as a professional boxer, boxing promoter, 
     agent, fight manager, matchmaker, referee, judge, or in any 
     other capacity in the conduct of the business of professional 
     boxing;
       ``(ii) have any pecuniary interest in the earnings of any 
     boxer or the proceeds or outcome of any boxing match; or
       ``(iii) serve as a member of a boxing commission.

[[Page 5909]]

       ``(3) Bipartisan membership.--Not more than 2 members of 
     the Commission may be members of the same political party.
       ``(4) Geographic balance.--Not more than 2 members of the 
     Commission may be residents of the same geographic region of 
     the United States when appointed to the Commission. For 
     purposes of the preceding sentence, the area of the United 
     States east of the Mississippi River is a geographic region, 
     and the area of the United States west of the Mississippi 
     River is a geographic region.
       ``(5) Terms.--
       ``(A) In general.--The term of a member of the Commission 
     shall be 3 years.
       ``(B) Reappointment.--Members of the Commission may be 
     reappointed to the Commission.
       ``(C) Midterm vacancies.--A member of the Commission 
     appointed to fill a vacancy in the Commission occurring 
     before the expiration of the term for which the member's 
     predecessor was appointed shall be appointed for the 
     remainder of that unexpired term.
       ``(D) Continuation pending replacement.--A member of the 
     Commission may serve after the expiration of that member's 
     term until a successor has taken office.
       ``(6) Removal.--A member of the Commission may be removed 
     by the President only for cause.
       ``(c) Executive Director.--
       ``(1) In general.--The Commission shall employ an Executive 
     Director to perform the administrative functions of the 
     Commission under this Act, and such other functions and 
     duties of the Commission as the Commission shall specify.
       ``(2) Discharge of functions.--Subject to the authority, 
     direction, and control of the Commission the Executive 
     Director shall carry out the functions and duties of the 
     Commission under this Act.
       ``(d) General Counsel.--The Commission shall employ a 
     General Counsel to provide legal counsel and advice to the 
     Executive Director and the Commission in the performance of 
     its functions under this Act, and to carry out such other 
     functions and duties as the Commission shall specify.
       ``(e) Staff.--The Commission shall employ such additional 
     staff as the Commission considers appropriate to assist the 
     Executive Director and the General Counsel in carrying out 
     the functions and duties of the Commission under this Act.
       ``(f) Compensation.--
       ``(1) Members of commission.--
       ``(A) In general.--Each member of the Commission shall be 
     compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Commission.
       ``(B) Travel expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       ``(2) Executive director and staff.--The Commission shall 
     fix the compensation of the Executive Director, the General 
     Counsel, and other personnel of the Commission. The rate of 
     pay for the Executive Director, the General Counsel, and 
     other personnel may not exceed the rate payable for level V 
     of the Executive Schedule under section 5316 of title 5, 
     United States Code.

     ``SEC. 203. FUNCTIONS.

       ``(a) Primary Functions.--The primary functions of the 
     Commission are--
       ``(1) to protect the health, safety, and general interests 
     of boxers consistent with the provisions of this Act; and
       ``(2) to ensure uniformity, fairness, and integrity in 
     professional boxing.
       ``(b) Specific Functions.--The Commission shall--
       ``(1) administer title I of this Act;
       ``(2) promulgate uniform standards for professional boxing 
     in consultation with the Association of Boxing Commissions;
       `` (3) except as otherwise determined by the Commission, 
     oversee all professional boxing matches in the United States;
       ``(4) work with the boxing commissions of the several 
     States and tribal organizations--
       ``(A) to improve the safety, integrity, and professionalism 
     of professional boxing in the United States;
       ``(B) to enhance physical, medical, financial, and other 
     safeguards established for the protection of professional 
     boxers; and
       ``(C) to improve the status and standards of professional 
     boxing in the United States;
       ``(5) ensure, in cooperation with the Attorney General (who 
     shall represent the Commission in any judicial proceeding 
     under this Act), the chief law enforcement officer of the 
     several States, and other appropriate officers and agencies 
     of Federal, State, and local government, that Federal and 
     State laws applicable to professional boxing matches in the 
     United States are vigorously, effectively, and fairly 
     enforced;
       ``(6) review boxing commission regulations for professional 
     boxing and provide assistance to such authorities in meeting 
     minimum standards prescribed by the Commission under this 
     title;
       ``(7) serve as the coordinating body for all efforts in the 
     United States to establish and maintain uniform minimum 
     health and safety standards for professional boxing;
       ``(8) if the Commission determines it to be appropriate, 
     publish a newspaper, magazine, or other publication and 
     establish and maintain a website consistent with the purposes 
     of the Commission;
       ``(9) procure the temporary and intermittent services of 
     experts and consultants to the extent authorized by section 
     3109(b) of title 5, United States Code, at rates the 
     Commission determines to be reasonable; and
       ``(10) promulgate rules, regulations, and guidance, and 
     take any other action necessary and proper to accomplish the 
     purposes of, and consistent with, the provisions of this 
     title.
       ``(c) Prohibitions.--The Commission may not--
       ``(1) promote boxing events or rank professional boxers; or
       ``(2) provide technical assistance to, or authorize the use 
     of the name of the Commission by, boxing commissions that do 
     not comply with requirements of the Commission.
       ``(d) Use of Name.--The Commission shall have the exclusive 
     right to use the name `United States Boxing Commission'. Any 
     person who, without the permission of the Commission, uses 
     that name or any other exclusive name, trademark, emblem, 
     symbol, or insignia of the Commission for the purpose of 
     inducing the sale or exchange of any goods or services, or to 
     promote any exhibition, performance, or sporting event, shall 
     be subject to suit in a civil action by the Commission for 
     the remedies provided in the Act of July 5, 1946 (commonly 
     known as the `Trademark Act, of 1946'; 15 U.S.C. 1051 et 
     seq.).

     ``SEC. 204. LICENSING AND REGISTRATION OF BOXING PERSONNEL.

       ``(a) Licensing.--
       ``(1) Requirement for license.--No person may compete in a 
     professional boxing match or serve as a boxing manager, 
     boxing promoter, or sanctioning organization for a 
     professional boxing match except as provided in a license 
     granted to that person under this subsection.
       ``(2) Application and term.--
       (A) In general.--The Commission shall--
       ``(i) establish application procedures, forms, and fees;
       ``(ii) establish and publish appropriate standards for 
     licenses granted under this section; and
       ``(iii) issue a license to any person who, as determined by 
     the Commission, meets the standards established by the 
     Commission under this title.
       ``(B) Duration.--A license issued under this section shall 
     be for a renewable--
       ``(i) 4-year term for a boxer; and
       ``(ii) 2-year term for any other person.
       ``(C) Procedure.--The Commission may issue a license under 
     this paragraph through boxing commissions or in a manner 
     determined by the Commission.
       ``(b) Licensing Fees.--
       ``(1) Authority.--The, Commission may prescribe and charge 
     reasonable fees for the licensing of persons under this 
     title. The Commission may set, charge, and adjust varying 
     fees on the basis of classifications of persons, functions, 
     and events determined appropriate by the Commission.
       ``(2) Limitations.--In setting and charging fees under 
     paragraph (1), the Commission shall ensure that, to the 
     maximum extent practicable--
       ``(A) club boxing is not adversely effected;
       ``(B) sanctioning organizations and promoters pay 
     comparatively the largest portion of the fees; and
       ``(C) boxers pay as small a portion of the fees as is 
     possible.
       ``(3) Collection.--Fees established under this subsection 
     may be collected through boxing commissions or by any other 
     means determined appropriate by the Commission.

     ``SEC. 205. NATIONAL REGISTRY OF BOXING PERSONNEL.

       ``(a) Requirement for Registry.--The Commission shall 
     establish and maintain (or authorize a third party to 
     establish and maintain) a unified national computerized 
     registry for the collection, storage, and retrieval of 
     information related to the performance of its duties.
       ``(b) Contents.--The information in the registry shall 
     include the following:
       ``(1) Boxers.--A list of professional boxers and data, in 
     the medical registry established under section 114 of this 
     Act, which the Commission shall secure from disclosure, in 
     accordance with the confidentiality requirements of section 
     114(c).
       ``(2) Other personnel.--Information (pertinent to the sport 
     of professional boxing) on boxing promoters, boxing 
     matchmakers, boxing managers, trainers, cut men, referees, 
     boxing judges, physicians, and any other personnel determined 
     by the Commission as performing a professional activity for 
     professional boxing matches.

     ``SEC. 206. CONSULTATION REQUIREMENTS.

       ``The Commission shall consult with the Association of 
     Boxing Commissions--
       ``(1) before proscribing any regulation or establishing any 
     standard under the provisions of this title; and
       ``(2) not less than once each year regarding matters 
     relating to professional boxing.

[[Page 5910]]



     ``SEC. 207. MISCONDUCT.

       ``(a) Suspension and Revocation of License or 
     Registration.--
       ``(1) Authority.--The Commission may, after notice and 
     opportunity for a hearing, suspend or revoke any license 
     issued under this title if the Commission finds that--
       ``(A) the license holder has violated any provision of this 
     Act;
       ``(B) there are reasonable grounds for belief that a 
     standard prescribed by the Commission under this title is not 
     being met, or that bribery, collusion, intentional losing, 
     racketeering, extortion, or the use of unlawful threats, 
     coercion, or intimidation have occurred in connection with a 
     license; or
       ``(C) the suspension or revocation is necessary for the 
     protection of health and safety or is otherwise in the public 
     interest.
       ``(2) Period of suspension.--
       ``(A) In general.--A suspension of a license under this 
     section shall be effective for a period determined 
     appropriate by the Commission except as provided in 
     subparagraph (B).
       ``(B) Suspension for medical reasons.--In the case of a 
     suspension or denial of the license of a boxer for medical 
     reasons by the Commission, the Commission may terminate the 
     suspension or denial at any time that a physician certifies 
     that the boxer is fit to participate in a professional boxing 
     match. The Commission shall prescribe the standards and 
     procedures for accepting certifications under this 
     subparagraph.
       ``(3) Period of revocation.--In the case of a revocation of 
     the license of a boxer, the revocation shall be for a period 
     of not less than 1 year.
       ``(b) Investigations and Injunctions.--
       ``(1) Authority.--The Commission may--
       ``(A) conduct any investigation that it considers necessary 
     to determine whether any person has violated, or is about to 
     violate, any provision of this Act or any regulation 
     prescribed under this Act;
       ``(B) require or permit any person to file with it a 
     statement in writing, under oath or otherwise as the 
     Commission shall determine, as to all the facts and 
     circumstances concerning the matter to be investigated;
       ``(C) in its discretion, publish information concerning any 
     violations; and
       ``(D) investigate any facts, conditions, practices, or 
     matters to aid in the enforcement of the provisions of this 
     Act, in the prescribing of regulations under this Act, or in 
     securing information to serve as a basis for recommending 
     legislation concerning the matters to which this Act relates.
       ``(2) Powers.--
       ``(A) In general.--For the purpose of any investigation 
     under paragraph (1) or any other proceeding under this 
     title--
       ``(1) any officer designated by the Commission may 
     administer oaths and affirmations, subpena or otherwise 
     compel the attendance of witnesses, take evidence, and 
     require the production of any books, papers, correspondence, 
     memoranda, or other records the Commission considers relevant 
     or material to the inquiry; and
       ``(ii) the provisions of sections 6002 and 6004 of title 
     18, United States Code, shall apply.
       ``(B) Witnesses and evidence.--The attendance of witnesses 
     and the production of any documents under subparagraph (A) 
     may be required from any place in the United States, 
     including Indian land, at any designated place of hearing.
       ``(3) Enforcement of subpoenas.--
       ``(A) Civil action.--In case of contumacy by, or refusal to 
     obey a subpoena. issued to, any person, the Commission may 
     file an action in any district court of the United States 
     within the jurisdiction of which an investigation or 
     proceeding is carried out, or where that person resides or 
     carries on business, to enforce the attendance and testimony 
     of witnesses and the production of books, papers, 
     correspondence, memorandums, and other records. The court may 
     issue an order requiring the person to appear before the 
     Commission to produce records, if so ordered, or to give 
     testimony concerning the matter under investigation or in 
     question.
       ``(B) Failure to obey.--Any failure to obey an order issued 
     by a court under subparagraph (A) may be punished as contempt 
     of that court.
       ``(C) Process.--All process in any contempt case under 
     subparagraph (A) may be served in the judicial district in 
     which the person is an inhabitant or in which the person may 
     be found.
       ``(4) Evidence of criminal misconduct.--
       ``(A) In general.--No person may be excused from attending 
     and testifying or from producing books, papers, contracts, 
     agreements, and other records and documents before the 
     Commission, in obedience to the subpoena of the Commission, 
     or in any cause or proceeding instituted by the Commission, 
     on the ground that the testimony or evidence, documentary or 
     otherwise, required of that person may tend to incriminate 
     the person or subject the person to a penalty or forfeiture.
       ``(B) Limited immunity.--No individual may be prosecuted or 
     subject to any penalty or forfeiture for, or on account of, 
     any transaction, matter, or thing concerning the matter about 
     which that individual is compelled, after having claimed a 
     privilege against self-incrimination, to testify or produce 
     evidence, documentary or otherwise, except that the 
     individual so testifying shall not be exempt from prosecution 
     and punishment for perjury committed in so testifying.
       ``(5) Injunctive relief.--If the Commission determines that 
     any person is engaged or about to engage in any act or 
     practice that constitutes a violation of any provision of 
     this Act, or of any regulation prescribed under this Act, the 
     Commission may bring an action in the appropriate district 
     court of the United States, the United States District Court 
     for the District of Columbia, or the United States courts of 
     any territory or other place subject to the jurisdiction of 
     the United States, to enjoin the act or practice, and upon a 
     proper showing, the court shall grant without bond a 
     permanent or temporary injunction or restraining order.
       ``(6) Mandamus.--Upon application of the Commission, the 
     district courts of the United States, the United States 
     District Court for the District of Columbia, and the United 
     States courts of any territory or other place subject to the 
     jurisdiction of the United States, shall have jurisdiction to 
     issue writs of mandamus commanding any person to comply with 
     the provisions of this Act or any order of the Commission.
       ``(c) Intervention in Civil Actions.--
       ``(1) In general.--The Commission, on behalf of the public 
     interest, may intervene of right as provided under rule 24(a) 
     of the Federal Rules of Civil Procedure in any civil action 
     relating to professional boxing filed in a district court of 
     the United States.
       ``(2) Amicus filing.--The Commission may file a brief in 
     any action filed in a court of the United States on behalf of 
     the public interest in any case relating to professional 
     boxing.
       ``(d) Hearings by Commission.--Hearings conducted by the 
     Commission under this Act shall be public and may be held 
     before any officer of the Commission. The Commission shall 
     keep appropriate records of the hearings.

     ``SEC. 208. NONINTERFERENCE WITH BOXING COMMISSIONS.

       ``(a) Noninterference.--Nothing in this Act prohibits any 
     boxing commission from exercising any of its powers, duties, 
     or functions with respect to the regulation or supervision of 
     professional boxing or professional boxing matches to the 
     extent not inconsistent with the provisions of this Act.
       ``(b) Minimum Standards.--Nothing in this Act prohibits any 
     boxing commission from enforcing local standards or 
     requirements that exceed the minimum standards or 
     requirements promulgated by the Commission under this Act.

     ``SEC. 209. ASSISTANCE FROM OTHER AGENCIES.

       ``Any employee of any executive department, agency, bureau, 
     board, commission, office, independent establishment, or 
     instrumentality may be detailed to the Commission, upon the 
     request of the Commission, on a reimbursable or 
     nonreimbursable basis, with the consent of the appropriate 
     authority having jurisdiction over the employee. While so 
     detailed, an employee shall continue to receive the 
     compensation provided pursuant to law for the employee's 
     regular position of employment and shall retain, without 
     interruption, the rights and privileges of that employment.

     ``SEC. 210. REPORTS.

       ``(a) Annual Report.--The Commission shall submit a report 
     on its activities to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Commerce each year. The annual report shall 
     include--
       ``(1) a detailed discussion of the activities of the 
     Commission for the year covered by the report; and
       ``(2) an overview of the licensing and enforcement 
     activities of the State and tribal organization boxing 
     commissions.
       ``(b) Public Report.--The Commission shall annually issue 
     and publicize a report of the Commission on the progress made 
     at Federal and State levels and on Indian lands in the reform 
     of professional boxing, which shall include comments on 
     issues of continuing concern to the Commission.
       ``(c) First Annual Report on the Commission.--The first 
     annual report under this title shall be submitted not later 
     than 2 years after the effective date of this title.

     ``SEC. 211. INITIAL IMPLEMENTATION.

       ``(a) Temporary Exemption.--The requirements for licensing 
     under this title do not apply to a person for the performance 
     of an activity as a boxer, boxing judge, or referee, or the 
     performance of any other professional activity in relation to 
     a professional boxing match, if the person is licensed by a 
     boxing commission to perform that activity as of the 
     effective date of this title.
       ``(b) Expiration.--The exemption under subsection (a) with 
     respect to a license issued by a boxing commission expires on 
     the earlier of--
       ``(A) the date on which the license expires; or
       ``(B) the date that is 2 years after the date of the 
     enactment of the Professional Boxing Amendments Act of 2004.

     ``SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     for the Commission for each fiscal year such sums as may be 
     necessary for the Commission to perform its functions for 
     that fiscal year.

[[Page 5911]]

       ``(b) Receipts Credited as Offsetting Collections.--
     Notwithstanding section 3302 of title 31, United States Code, 
     any fee collected under this title--
       ``(1) shall be credited as offsetting collections to the 
     account that finances the activities and services for which 
     the fee is imposed;
       ``(2) shall be available for expenditure only to pay the 
     costs of activities and services for which the fee is 
     imposed; and
       ``(3) shall remain available until expended.''.
       (b) Conforming Amendments.--
       (1) PBSA.--The Professional Boxing Safety Act of 1996, as 
     amended by this Act; is further amended--
       (A) by amending section 1 to read as follows:

     ``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       ``(a) Short Title.--This Act may be cited as the 
     `Professional Boxing Safety Act'.
       ``(b) Table of Contents.--The table of contents for this 
     Act is as follows:

``Section 1. Short title; table of contents.
``Sec. 2. Definitions.

                 ``Title I--Professional Boxing Safety

``Sec. 101. Purposes.
``Sec. 102. Approval or sanction requirement.
``Sec. 103. Safety standards.
``Sec. 104. Registration.
``Sec. 105. Review.
``Sec. 106. Reporting.
``Sec. 107. Contract requirements.
``Sec. 108. Protection from coercive contracts.
``Sec. 109. Sanctioning organizations.
``Sec. 110. Required disclosures to State boxing commissions by 
              sanctioning organizations.
``Sec. 111. Required disclosures by promoters and broadcasters.
``Sec. 112. Medical registry.
``Sec. 113. Confidentiality.
``Sec. 114. Judges and referees.
``Sec. 115. Conflicts of interest.
``Sec. 116. Enforcement.
``Sec. 117. Professional boxing matches conducted on Indian lands.
``Sec. 118. Relationship with State or Tribal law.

              ``Title II--United States Boxing Commission

``Sec. 201. Purpose.
``Sec. 202. Establishment of United States Boxing Commission.
``Sec. 203. Functions.
``Sec. 204. Licensing and registration of boxing personnel.
``Sec. 205. National registry of boxing personnel.
``Sec. 206. Consultation requirements.
``Sec. 207. Misconduct.
``Sec. 208. Noninterference with boxing commissions.
``Sec. 209. Assistance from other agencies.
``Sec. 210. Reports.
``Sec. 211. Initial implementation.
``Sec. 212. Authorization of appropriations.'';

       (B) by inserting before section 3 the following: ``TITLE 
     I--PROFESSIONAL BOXING SAFETY'';
       (C) by redesignating sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 
     12, 13, 14, 15, 16, 17, 18, 21, and 22 as sections 101 
     through 118, respectively;
       (D) by striking subsection (a) of section 113, as 
     redesignated, and inserting the following:
       ``(a) In General.--Except to the extent required in a 
     legal, administrative, or judicial proceeding, a boxing 
     commission, an Attorney General, or the Commission may not 
     disclose to the public any matter furnished by a promoter 
     under section 111.'';
       (E) by striking ``section 13'' in subsection (b) of section 
     113, as redesignated, and inserting ``section 111'';
       (F) by striking ``9(b), 10, 11, 12, 13, 14, or 16,'' in 
     paragraph (1) of section 116(b), as redesignated, and 
     inserting ``107, 108, 109, 110, 111, or 114,'';
       (G) by striking ``9(b), 10, 11, 12, 13, 14, or 16'' in 
     paragraph (2) of section 116(b), as redesignated, and 
     inserting ``107, 108, 109, 110, 111, or 114'';
       (H) by striking ``section 17(a)'' in subsection (b)(3) of 
     section 116, as redesignated, and inserting ``section 
     115(a)'';
       (I) by striking ``section 10'' in subsection (e)(3) of 
     section 116, as redesignated, and inserting ``section 108''; 
     and
       (J) by striking ``of this Act'' each place it appears in 
     sections 101 through 120, as redesignated, and inserting ``of 
     this title''.
       (2) Compensation of Members.--Section 5315 of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``Members of the United States Boxing Commission.''.

     SEC. 22. STUDY AND REPORT ON DEFINITION OF PROMOTER.

       (a) Study.--The United States Boxing Commission shall 
     conduct a study on how the term ``promoter'' should be 
     defined for purposes of the Professional Boxing Safety Act.
       (b) Hearings.--As part of that study, the Commission shall 
     hold hearings and solicit testimony at those hearings from 
     boxers, managers, promoters, premium, cable, and satellite 
     program service providers, hotels, casinos, resorts, and 
     other commercial establishments that host or sponsor 
     professional boxing matches, and other interested parties 
     with respect to the definition of that term as it is used in 
     the Professional Boxing Safety Act.
       (c) Report.--Not, later than 12 months after the date of 
     the enactment of this Act, the Commission shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives a report on the study conducted under 
     subsection (a). The report shall--
       (1) set forth a proposed definition of the term 
     ``promoter'' for purposes of the Professional Boxing Safety 
     Act; and
       (2) describe the findings, conclusions, and rationale of 
     the Commission for the proposed definition, together with any 
     recommendations of the Commission, based on the study.

     SEC. 23. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), the 
     amendments made by this Act shall take effect on the date of 
     enactment of this Act.
       (b) 1-Year Delay for Certain Title II Provisions.--Sections 
     205 through 212 of the Professional Boxing Safety Act of 
     1996, as added by section 21(a) of this Act, shall take 
     effect 1 year after the date of enactment of this Act.

     

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