II 111th CONGRESS 2d Session S. 3849 IN THE SENATE OF THE UNITED STATES September 28, 2010 Mr. Kerry (for himself, Mr. Durbin, Mr. Casey, Mr. Brown of Ohio, Mr. Bingaman, Mr. Burris, Mr. Harkin, Mr. Leahy, Mr. Menendez, Mr. Reed, Mr. Dodd, Mrs. Boxer, Mr. Schumer, and Mr. Lautenberg) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To extend the Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs, and for other purposes.

1.

Short title

This Act may be cited as the Job Preservation for Parents in Poverty Act.

2.

Extension and modification of the TANF Emergency Fund

(a)

Extension

(1)

In general

Section 403(c) of the Social Security Act (42 U.S.C. 603(c)) is amended— (A)in paragraph (2)(A), by inserting , and for the first quarter of fiscal year 2011, $500,000,000 before for payment; (B)by striking paragraph (2)(B) and inserting the following: (B)

Availability and use of funds

(i)

Fiscal years 2009 and 2010

The amounts appropriated to the Emergency Fund under subparagraph (A) for fiscal year 2009 shall remain available through fiscal year 2010 and shall be used to make grants to States in each of fiscal years 2009 and 2010 in accordance with paragraph (3), except that the amounts shall remain available through fiscal year 2011 to make grants and payments to States in accordance with paragraph (3)(C) to cover expenditures to subsidize employment positions held by individuals placed in the positions before fiscal year 2011. (ii)

Fiscal year 2011

Subject to clause (iii), the amounts appropriated to the Emergency Fund under subparagraph (A) for the first quarter of fiscal year 2011 shall remain available through fiscal year 2012 and shall be used to make grants to States based on expenditures in the first quarter of fiscal year 2011 for benefits and services provided in the first quarter of fiscal year 2011 in accordance with the requirements of paragraph (3). (iii)

Reservation of funds

Of the amounts appropriated to the Emergency Fund under subparagraph (A) for the first quarter of fiscal year 2011, $500,000 shall be placed in reserve for use in fiscal year 2012, and shall be used to award grants for any expenditures described in this subsection incurred by States after December 31, 2010. ; (C)in paragraph (2)(C), by striking 2010 and inserting 2012; (D)in paragraph (3)— (i)in clause (i) of each of subparagraphs (A), (B), and (C)— (I)by inserting , and the first calendar quarter of fiscal year 2011, after 2009 or 2010,; (II)by striking and at the end of subclause (I); (III)by striking the period at the end of subclause (II) and inserting ; and; and (IV)by adding at the end the following: (III)if the quarter is in fiscal year 2011, has provided the Secretary with such information as the Secretary may find necessary in order to make the determinations, or take any other action, described in paragraph (5)(C). ; and (ii)in subparagraph (C), by adding at the end the following: (iv)

Limitation on expenditures for subsidized employment

An expenditure for subsidized employment shall be taken into account under clause (ii) only if the expenditure is used to subsidize employment for— (I)a member of a needy family (without regard to whether the family is receiving assistance under the State program funded under this part); or (II)an individual who has exhausted (or, within 60 days, will exhaust) all rights to receive unemployment compensation under Federal and State law, and who is a member of a needy family. ; (E)by striking paragraph (5) and inserting the following: (5)

Limitations on payments; adjustment authority

(A)

Fiscal years 2009 and 2010

The total amount payable to a single State under subsection (b) and this subsection for fiscal years 2009 and 2010 combined shall not exceed 50 percent of the annual State family assistance grant. (B)

Fiscal year 2011

Subject to subparagraph (C), the total amount payable to a single State under subsection (b) and this subsection for the first quarter of fiscal year 2011 shall not exceed 5 percent of the annual State family assistance grant. (C)

Adjustment authority

If the Secretary determines that the Emergency Fund is at risk of being depleted before December 31, 2010, or that funds are available to accommodate additional State requests under this subsection, the Secretary may, through program instructions issued without regard to the requirements of section 553 of title 5, United States Code— (i)specify priority criteria for awarding grants to States during the first quarter of fiscal year 2011; and (ii)adjust the percentage limitation applicable under subparagraph (B) with respect to the total amount payable to a single State for the first quarter of fiscal year 2011. ; and (F)in paragraph (6), by inserting or for expenditures described in paragraph (3)(C)(iv) before the period. (2)

Conforming amendments

Section 2101 of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) is amended— (A)in subsection (a)(2)— (i)by striking October 1, 2010 and inserting January 1, 2011; and (ii)by striking all that follows repealed and inserting a period; and (B)in subsection (d)(1), by striking October 1, 2010 and inserting January 1, 2011. (b)

Modification of grant requirements

(1)

In general

Effective October 1, 2010, section 403(c) of the Social Security Act (42 U.S.C. 603(c)), as amended by subsection (a), is amended— (A)in paragraph (3)(A)— (i)by striking related to caseload increases in the heading and inserting related to increased expenditures; (ii)by striking clause (ii) and redesignating clause (iii) as clause (ii); and (iii)by striking each State that and all that follows in clause (i) and inserting each State that requests a grant under this subparagraph for the quarter, to the extent provided in clause (ii); (B)in paragraph (4), by striking the caseload of a State and; and (C)in paragraph (9)— (i)by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (ii)by striking The average monthly assistance caseload of the State. in clause (ii)(I) and inserting The average quarterly total expenditures of the State for basic assistance (as defined by the Secretary under paragraph (3)(A)(ii)).. (2)

Conforming amendments

Effective October 1, 2010, section 407(b)(3) of the Social Security Act (42 U.S.C. 607(b)(3)) is amended— (A)by striking (within the meaning of section 403(c)(9)) in subparagraph (A)(i); and (B)by adding at the end the following new subparagraph: (C)

Average monthly assistance caseload

For purposes of this paragraph, the term average monthly assistance caseload means, with respect to a State and a quarter, the number of families receiving assistance during the quarter under the State program funded under this part or as qualified State expenditures, subject to adjustment by the Secretary as permitted by section 403(c)(4). . (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 to a jurisdiction for subsidized employment do not support any subsidized employment position the annual salary of which is greater than, at State option— (1)200 percent of the poverty line (within the meaning of section 673(2) of the Omnibus Budget Reconciliation Act of 1981, including any revision required by such section 673(2)) for a family of 4; or (2)the median wage in the jurisdiction.

3.

Funding level of TANF Contingency Fund

Notwithstanding any other provision of law, the total amount appropriated for the Contingency Fund for State Welfare Programs established under section 403(b) of the Social Security Act (42 U.S.C. 603(b)) shall be— (1)for fiscal year 2012, $112,000,000; and (2)for fiscal year 2013, $612,000,000.