[Congressional Record (Bound Edition), Volume 156 (2010), Part 2]
[Senate]
[Pages 2774-2775]
[From the U.S. Government Publishing Office, www.gpo.gov]




             MURRAY AMENDMENT NO. 3356, AS FURTHER MODIFIED

  Mr. REID. I ask unanimous consent, notwithstanding the pendency of 
H.R. 4213, that the Murray amendment No. 3356 be further modified with 
the changes at the desk.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment, as further modified, is as follows:

       At the end of subtitle C of title II, insert the following:

     SEC. __. 6-MONTH EXTENSION OF THE EMERGENCY CONTINGENCY FUND 
                   FOR STATE TEMPORARY ASSISTANCE FOR NEEDY 
                   FAMILIES PROGRAMS.

       (a) In General.--Section 403(c) of the Social Security Act 
     (42 U.S.C. 603(c)) is amended--
       (1) in paragraph (2)(A), by inserting ``, and for the first 
     6 months of fiscal year 2011, $1,300,000,000,'' before ``for 
     payment'';
       (2) in paragraph (2)(B)--
       (A) by inserting ``for fiscal year 2009'' after ``under 
     subparagraph (A)''; and
       (B) by inserting before the period the following: ``, and 
     may be used to make payments to a State during fiscal year 
     2011 with respect to expenditures incurred by such State 
     during fiscal year 2009 or 2010. The amounts appropriated to 
     the Emergency Fund under subparagraph (A) for the first 6 
     months of fiscal year 2011 shall be used to make grants to 
     States during such months in accordance with the requirements 
     of paragraph (3), and may be used to make payments to a State 
     during the succeeding months of fiscal year 2011 and during 
     fiscal year 2012 with respect to expenditures incurred by 
     such State during the first 6 months of fiscal year 2011'';
       (3) by striking paragraph (2)(C) and inserting the 
     following:
       ``(C) Limitations.--
       ``(i) In general.--In no case may the Secretary make a 
     grant from the Emergency Fund for a fiscal year after fiscal 
     year 2012.
       ``(ii) Reservation of funds.--Of the amounts appropriated 
     to the Emergency Fund under subparagraph (A) for the first 6 
     months of fiscal year 2011, $500,000 shall be placed in 
     reserve for use in fiscal year 2012. Such amounts shall be 
     used to award grants for any expenditures incurred by States 
     after March 31, 2011.'';
       (4) in clause (i) of each of subparagraphs (A), (B), and 
     (C) of paragraph (3), by striking ``year 2009 or 2010'' and 
     inserting ``years 2009, 2010, or the first 6 months of fiscal 
     year 2011'';
       (5) in paragraph (3)--
       (A) by adding at the end of subparagraph (C) the following 
     new clause:
       ``(iv) Subsidized employment for needy families.--An 
     expenditure for subsidized employment shall be taken into 
     account under clause (ii) only if such expenditure is used to 
     subsidize employment for an adult or minor child head of 
     household who is a member of a needy family (without regard 
     to whether such family is receiving assistance under the 
     State program funded under this part).''; and
       (B) by adding at the end the following new subparagraph:
       ``(D) Grant related to increased expenditures for 
     employment services.--
       ``(i) In general.--For each of the first 2 calendar 
     quarters in fiscal year 2011, the Secretary shall make a 
     grant from the Emergency Fund to each State that--

       ``(I) requests a grant under this subparagraph for the 
     quarter; and
       ``(II) meets the requirement of clause (ii) for the 
     quarter.

       ``(ii) Employment services expenditure requirement.--A 
     State meets the requirement of this clause for a quarter if 
     the total expenditures of the State for employment services 
     in the quarter, whether under the State program funded under 
     this part or as qualified State expenditures, exceeds the 
     total such expenditures of the State in the corresponding 
     quarter in the emergency fund base year of the State.
       ``(iii) Amount of grant.--Subject to paragraph (5), the 
     amount of the grant to be made to a State under this 
     subparagraph for a quarter shall be an amount equal to 80 
     percent of the excess described in clause (ii).'';
       (6) in paragraph (4), by striking ``and subsidized 
     employment'' and inserting ``subsidized employment, and 
     employment services'';
       (7) in paragraph (5)--
       (A) in the paragraph heading, by inserting ``on payments; 
     adjustment authority'' after ``Limitation'';
       (B) by striking ``The total amount'' and inserting the 
     following:
       ``(A) In general.--The total amount'';
       (C) by inserting after ``grant'' the following: ``The total 
     amount payable to a single State under subsection (b) and 
     this subsection for the first 6 months of fiscal year 2011 
     shall not exceed 15 percent of the annual State family 
     assistance grant.''; and
       (D) by adding at the end the following:
       ``(B) Adjustment authority.--The Secretary may issue a 
     Program Instruction without regard to the requirements of 
     section 553 of title 5, United States Code, specifying 
     priority criteria for awarding grants to

[[Page 2775]]

     States for the first 6 months of fiscal year 2011 or 
     adjusting the percentage limitation applicable under 
     subparagraph (A) with respect to the total amount payable to 
     a single State for such months, if the Secretary determines 
     that the Emergency Fund is at risk of being depleted prior to 
     March 31, 2011, or the Secretary determines that funds are 
     available to accommodate additional State requests.''; and
       (8) in paragraph (9)--
       (A) in subparagraph (B)(i), by striking ``or 2008'' and 
     inserting ``, 2008, or 2009'';
       (B) by adding at the end of subparagraph (B)(ii) the 
     following:

       ``(IV) The total expenditures of the State for employment 
     services, whether under the State program funded under this 
     part or as qualified State expenditures.''; and

       (C) by adding at the end the following:
       ``(D) Employment services.--The term `employment services' 
     means services designed to help an individual begin, remain, 
     or advance in employment, as defined in program guidance 
     issued by the Secretary (without regard to section 553 of 
     title 5, United States Code).''.
       (b) Conforming Amendments.--Section 2101 of division B of 
     the American Recovery and Reinvestment Act of 2009 (Public 
     Law 111-5) is amended--
       (1) in subsection (a)(2)--
       (A) by striking ``2010'' and inserting ``2011''; and
       (B) by striking all that follows ``repealed'' and inserting 
     a period; and
       (2) in subsection (d)(1), by striking ``2010'' and 
     inserting ``2011''.
       (c) Program Guidance.--The Secretary of Health and Human 
     Services shall issue program guidance, without regard to the 
     requirements of section 553 of title 5, United States Code, 
     which ensures that the funds provided under the amendments 
     made by this section for subsidized employment do not support 
     any subsidized employment position the annual salary of which 
     is greater than the median annual income for all 
     participating jurisdictions.

     SEC. __. TRAINING AND EMPLOYMENT SERVICES.

       (a) Additional Amount.--There is appropriated for fiscal 
     year 2010, for an additional amount for ``training and 
     employment services'' under the heading ``Employment and 
     Training Administration'' under the heading ``DEPARTMENT OF 
     LABOR'' for activities under the Workforce Investment Act of 
     1998 (referred to in this section as the ``WIA''), 
     $1,300,000,000. That amount is appropriated out of any money 
     in the Treasury not otherwise appropriated. The amount shall 
     be available for obligation for the period beginning on the 
     date of enactment of this Act.
       (b) Activities.--Except as otherwise provided in subsection 
     (c), of the amount made available under subsection (a), 
     $1,300,000,000 shall be available for grants to States for 
     youth activities, including summer employment for youth, 
     which funds shall remain available for obligation through 
     September 30, 2010, except that--
       (1) no portion of such funds shall be reserved to carry out 
     section 127(b)(1)(A) of the WIA;
       (2) for purposes of section 127(b)(1)(C)(iv) of the WIA, 
     funds available for youth activities shall be allotted as if 
     the total amount available for youth activities for fiscal 
     year 2010 does not exceed $1,000,000,000;
       (3) with respect to the youth activities provided with such 
     funds, section 101(13)(A) of the WIA shall be applied by 
     substituting ``age 24'' for ``age 21''; and
       (4) the work readiness aspect of the performance indicator 
     described in section 136(b)(2)(A)(ii)(I) of the WIA shall be 
     the only measure of performance used to assess the 
     effectiveness of summer employment for youth provided with 
     such funds.
       (c) Administration; Management; Oversight.--
       (1) In general.--An amount that is not more than 1 percent 
     of the funds made available to the Department of Labor under 
     subsection (a) may be used for the Federal administration, 
     management, and oversight of the programs, activities, and 
     grants, funded under subsection (a), including the evaluation 
     of the use of such funds.
       (2) Period for obligation.--Funds designated for the 
     purposes of paragraph (1), together with the funds described 
     in section 801(b) of Division A of the American Recovery and 
     Reinvestment Act of 2009, and the funds described in the 
     matter under the heading ``salaries and expenses (including 
     transfer of funds)'', in the matter under the heading 
     ``Departmental Management'' in title VIII of that division, 
     shall be available for obligation through September 30, 2012.

     SEC. __. INTELLIGENT ASSIGNMENT IN ENROLLMENT AND RE-
                   ASSIGNMENT OF CERTAIN INDIVIDUALS.

       (a) In General.--Section 1860D-1(b)(1) of the Social 
     Security Act (42 U.S.C. 1395w-101(b)(1)) is amended--
       (1) in the second sentence of subparagraph (C), by 
     inserting ``, subject to subparagraph (D),'' before ``on a 
     random basis''; and
       (2) by adding at the end the following new subparagraph:
       ``(D) Intelligent assignment.--In the case of any auto-
     enrollment under subparagraph (C) or any re-assignment, no 
     part D eligible individual described in such subparagraph 
     shall be enrolled in or re-assigned to a prescription drug 
     plan which does not meet both of the following requirements:
       ``(i) Low cost.--The total cost under this title of 
     providing prescription drug coverage under the plan is among 
     the lowest 25th percentile of prescription drug plans under 
     this part in the State.
       ``(ii) Meets beneficiary needs.--The plan reasonably meets 
     the needs of such part D eligible individuals as a group, as 
     identified by the Secretary using criteria established by the 
     Secretary.
     In the case that no plan meets the requirements under clauses 
     (i) and (ii) or that the plans which meet such requirements 
     do not have sufficient capacity for the enrollment or re-
     assignment of such part D eligible individual in or to the 
     plan, the part D eligible individual shall be enrolled in or 
     re-assigned to a prescription drug plan under the enrollment 
     process under subparagraph (C) (as in existence before the 
     date of the enactment of this subparagraph).''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect for enrollments and re-assignments effected 
     on or after January 1, 2012.

     SEC. __. ELIMINATION OF ADVANCE REFUNDABILITY OF EARNED 
                   INCOME CREDIT.

       (a) In General.--Section 3507, subsection (g) of section 
     32, and paragraph (7) of section 6051(a) are repealed.
       (b) Conforming Amendments.--
       (1) Section 6012(a) is amended by striking paragraph (8) 
     and by redesignating paragraph (9) as paragraph (8).
       (2) Section 6302 is amended by striking subsection (i).
       (c) Effective Date.--The repeals and amendments made by 
     this section shall apply to taxable years beginning after 
     December 31, 2010.

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