S.Amdt. 3403

SA 3403. Mr. KERRY (for himself, Mr. Specter, Mr. Schumer, and Mr.
Dodd) submitted an amendment intended to be proposed to amendment SA
3336 proposed by Mr. Baucus to the bill H.R. 4213, to amend the
Internal Revenue Code of 1986 to extend certain expiring provisions,
and for other purposes; which was ordered to lie on the table; as
follows:

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

SEC. _. 1-YEAR 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 fiscal
year 2011, $2,500,000,000,'' 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 fiscal year
2011 shall be used to make grants to States during such
fiscal year in accordance with the requirements of paragraph
(3), and may be used to make payments to a State during
fiscal year 2012 with respect to expenditures incurred by
such State during 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 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 September 30, 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 through 2011'';
(5) by adding at the end of paragraph (3) the following:
``(D) Grant related to increased expenditures for
employment services.--
``(i) In general.--For each calendar quarter 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 fiscal year 2011 shall not exceed 25
percent of the annual State family assistance grant.''; and
(D) by adding at the end the following:
``(B) Adjustment authority.--The Secretary may issue a
Program Instruction without regard to the requirements of
section 553 of title 5, United States Code, specifying
priority criteria for awarding grants to States for 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 fiscal year, if the
Secretary determines that the Emergency Fund is at risk of
being depleted prior to September 30, 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''.

SEC. _. INTELLIGENT ASSIGNMENT IN ENROLLMENT.

(a) In General.--Section 1860D-1(b)(1)(C) of the Social
Security Act (42 U.S.C. 1395w-101(b)(1)(C)) is amended by
inserting after ``PDP region'' the following: ``or through
use of an intelligent assignment process that is designed to
maximize the access of such individual to necessary
prescription drugs while minimizing costs to such individual
and to the program under this part to the greatest extent
possible. In the case the Secretary enrolls such individuals
through use of an intelligent assignment process, such
process shall take into account the extent to which
prescription drugs necessary for the individual are covered
in the case of a PDP sponsor of a prescription drug plan that
uses a formulary, the use of prior authorization or other
restrictions on access to coverage of such prescription drugs
by such a sponsor, and the overall quality of a prescription
drug plan as measured by quality ratings established by the
Secretary''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect for contract years beginning with 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) of the Internal
Revenue Code of 1986 are repealed.
(b) Conforming Amendments.--
(1) Section 6012(a) of the Internal Revenue Code of 1986 is
amended by striking paragraph (8) and by redesignating
paragraph (9) as paragraph (8).
(2) Section 6302 of such Code 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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