[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3672 Enrolled Bill (ENR)]


        H.R.3672

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
            the fourth day of January, two thousand and five


                                 An Act


 
To provide assistance to families affected by Hurricane Katrina, through 
the program of block grants to States for temporary assistance for needy 
                                families.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``TANF Emergency Response and Recovery 
Act of 2005''.

SEC. 2. ADVANCE PAYMENT OF TANF BLOCK GRANTS FOR THE FIRST QUARTER OF 
              FISCAL YEAR 2006.

    (a) In General.--Notwithstanding section 405 of the Social Security 
Act, the Secretary of Health and Human Services shall pay each grant 
payable under section 403 of such Act for the first quarter of fiscal 
year 2006, as soon as practicable after the date of the enactment of 
this Act.
    (b) Extension of the Temporary Assistance for Needy Families Block 
Grant Program Through December 31, 2005.--
        (1) In general.--Activities authorized by part A of title IV of 
    the Social Security Act, and by section 1108(b) of such Act, shall 
    continue through December 31, 2005, in the manner authorized for 
    fiscal year 2005, and out of any money in the Treasury of the 
    United States not otherwise appropriated, there are hereby 
    appropriated such sums as may be necessary for such purpose. Grants 
    and payments may be made pursuant to this authority through the 
    first quarter of fiscal year 2006 at the level provided for such 
    activities through the first quarter of fiscal year 2005.
        (2) Conforming amendments.--
            (A) Supplemental grants for population increases in certain 
        states.--Section 403(a)(3)(H)(ii) of the Social Security Act 
        (42 U.S.C. 603(a)(3)(H)(ii)) is amended by striking ``September 
        30'' and inserting ``December 31''.
            (B) Contingency fund.--Section 403(b)(3)(C)(ii) of such Act 
        (42 U.S.C. 603(b)(3)(C)(ii)) is amended by striking ``2005'' 
        and inserting ``2006''.
            (C) Maintenance of effort.--Section 409(a)(7) of such Act 
        (42 U.S.C. 609(a)(7)) is amended--
                (i) in subparagraph (A), by striking ``or 2006'' and 
            inserting ``2006, or 2007''; and
                (ii) in subparagraph (B)(ii), by striking ``2005'' and 
            inserting ``2006''.
    (c) Extension of the National Random Sample Study of Child Welfare 
and Child Welfare Waiver Authority Through December 31, 2005.--
Activities authorized by sections 429A and 1130(a) of the Social 
Security Act shall continue through December 31, 2005, in the manner 
authorized for fiscal year 2005, and out of any money in the Treasury 
of the United States not otherwise appropriated, there are hereby 
appropriated such sums as may be necessary for such purpose. Grants and 
payments may be made pursuant to this authority through the first 
quarter of fiscal year 2006 at the level provided for such activities 
through the first quarter of fiscal year 2005.

SEC. 3. REIMBURSEMENT OF STATES FOR TANF BENEFITS PROVIDED TO ASSIST 
              FAMILIES FROM OTHER STATES AFFECTED BY HURRICANE KATRINA.

    (a) Eligibility for Payments From the Contingency Fund.--Beginning 
with the date of the enactment of this Act and ending with August 31, 
2006, a State shall be considered a needy State for purposes of section 
403(b) of the Social Security Act if--
        (1) cash benefits under the State program funded under part A 
    of title IV of the Social Security Act have been provided on a 
    short-term, nonrecurring basis, to a family which--
            (A) has resided in another State that includes an area for 
        which a major disaster has been declared under the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5121 et seq.) as a result of Hurricane Katrina; and
            (B) has travelled (not necessarily directly) to the State 
        from such other State as a result of the hurricane; and
        (2) the State has determined that the family is not receiving 
    cash benefits from any program funded under such part of any other 
    State.
    (b) Limitation on Funding.--Subject to section 403(b)(3)(C)(i) of 
the Social Security Act, the total amount paid under section 
403(b)(3)(A) of such Act to a State which is a needy State for purposes 
of section 403(b) of such Act by reason of subsection (a) of this 
section shall not exceed the total amount of cash benefits provided as 
described in subsection (a)(1) of this section, to the extent that the 
condition of subsection (a)(2) of this section has been met with 
respect to the families involved.
    (c) No State Match Required.--Sections 403(b)(6) and 409(a)(10) of 
the Social Security Act shall not apply with respect to a payment made 
to a State by reason of this section.

SEC. 4. AVAILABILITY OF ADDITIONAL TANF FUNDS FOR HURRICANE-DAMAGED 
              STATES.

    (a) Certain States Made Eligible for Loans.--Beginning with the 
date of the enactment of this Act and ending with the end of fiscal 
year 2006:
        (1) The States of Louisiana, Mississippi, and Alabama shall be 
    considered loan-eligible States for purposes of section 406 of the 
    Social Security Act.
        (2) Notwithstanding section 406(d) of the Social Security Act, 
    the cumulative dollar amount of all loans made to such a State 
    under such section by reason of this section shall not exceed 20 
    percent of the State family assistance grant payable to the State 
    under section 403 of such Act for fiscal year 2006.
    (b) Forgiveness of Loans.--Notwithstanding section 406 of the 
Social Security Act, a penalty may not be imposed against any of the 
States of Louisiana, Mississippi, or Alabama for failure to--
        (1) repay a loan made to the State under such section on or 
    after the date of the enactment of this Act and before October 1, 
    2007; or
        (2) make any interest payment on such a loan.

SEC. 5. AVAILABILITY OF UNSPENT TANF FUNDS TO PROVIDE BENEFITS AND 
              SERVICES TO SUPPORT NEEDY FAMILIES AFFECTED BY HURRICANE 
              KATRINA.

    A State or tribe may use a grant made to the State or tribe under 
part A of title IV of the Social Security Act for any fiscal year to 
provide, without fiscal year limitation, any benefit or service that 
may be provided under the State or tribal program funded under such 
part to support needy families affected by Hurricane Katrina.

SEC. 6. WORK REQUIREMENTS AND TIME LIMITS UNDER TANF PROGRAM NOT 
              TRIGGERED BY RECEIPT OF TEMPORARY TANF BENEFITS BY 
              FAMILIES AFFECTED BY HURRICANE KATRINA.

    Benefits provided on a short-term, nonrecurring basis under a State 
program funded under part A of title IV of the Social Security Act, 
during the period that begins with the date of the enactment of this 
Act and ends with the end of fiscal year 2006, to meet a subsistence 
need of a family resulting from Hurricane Katrina shall not be 
considered assistance for purposes of sections 407 and 408(a)(7) of the 
Social Security Act.

SEC. 7. WAIVER OF TANF PENALTIES IN HURRICANE-DAMAGED STATES.

    The Secretary of Health and Human Services shall not impose a 
penalty on any of the States of Louisiana, Mississippi, or Alabama 
under any of paragraphs (2) through (6), or (8) through (14) of section 
409(a) of the Social Security Act with respect to a failure to comply 
with a provision of part A of title IV of such Act during the period 
that begins with the date of the enactment of this Act and ends with 
the end of fiscal year 2006, if the Secretary determines that the 
failure resulted from Hurricane Katrina or reasonable conduct of the 
State in addressing needs of victims of Hurricane Katrina.

SEC. 8. EMERGENCY DESIGNATION.

    Each amount provided in this Act (other than in section 2) is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.