S.Amdt. 2988
What it does: Rewrites page 339, line 9 through page 341, line 8
Sen. Jeff Bingaman (D-NM)What it changes
1 change to H.R. 4
Rewrites page 339, line 9 through page 341, line 8
ReplacesPrinted pageRemoves page 339, line 9 through page 341, line 8 of the printed bill. See that page
Inserted: SEC. 321. STATE NONCOMPLIANCE WITH CHILD SUPPORT ENFORCEMENT PROGRAM REQUIREMENTS.
Inserted: (a) In General.--Section 409(a)(8) (42 U.S.C. 609(a)(8)) is amended--
Inserted: (1) by striking subparagraph (A) and inserting the following:
Inserted: "(A) In general.--If the Secretary finds, with respect to a State's program under part D--
Inserted: "(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;
Inserted: "(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
Inserted: "(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
Inserted: (2) by adding at the end the following:
Inserted: "(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).".
Inserted: (b) Conforming Amendments.--Subsections (b)(2) and (c)(4) of section 409 (42 U.S.C. 609) are each amended by striking "(8),".
Inserted: (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.
Inserted: (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.
Original wording
Beginning on page 339, strike line 9 and all that follows through page 341, line 8, and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
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.
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Senate amendment submitted
March 31, 2004