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Full Text of this Amendment

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. X. 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. X. 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. X. 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.


(As printed in the Congressional Record for the Senate on Mar 4, 2010.)