1.Restoration of TANF Emergency
Contingency Fund
(a)Section 403 of the
Social Security Act (42 U.S.C. 603) is amended by adding at the end the
following:
(c)
(1)There
is established in the Treasury of the United States a fund which shall be known
as the Emergency Contingency Fund for State Temporary Assistance for
Needy Families Programs
(in this subsection referred to as the
Emergency Fund
).
(2)
(A)Out of any money in the Treasury of the United States not
otherwise appropriated, there are appropriated for fiscal year 2012,
$10,000,000,000 for payment to the Emergency Fund.
(B)Availability and
use of fundsThe amounts appropriated to the Emergency Fund under
subparagraph (A) shall remain available through fiscal year 2013 and shall be
used to make grants to States in each of fiscal years 2012 and 2013 in
accordance with the requirements of paragraph (3).
(C)In
no case may the Secretary make a grant from the Emergency Fund for a fiscal
year after fiscal year 2013.
(3)
(A)Grant related to
caseload increases
(i)For each calendar quarter in fiscal year 2012 or 2013,
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)Caseload
increase requirementA State meets the requirement of this clause
for a quarter if the average monthly assistance caseload of the State for the
quarter exceeds the average monthly assistance caseload of the State for the
corresponding quarter in the emergency fund base year of the State.
(iii)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 amount (if any) by which the total expenditures of the
State for basic assistance (as defined by the Secretary) in the quarter,
whether under the State program funded under this part or as qualified State
expenditures, exceeds the total expenditures of the State for such assistance
for the corresponding quarter in the emergency fund base year of the
State.
(B)Grant related to
increased expenditures for non-recurrent short term benefits
(i)For each calendar quarter in fiscal year 2012 or 2013,
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)Non-recurrent
short term expenditure requirementA State meets the requirement
of this clause for a quarter if the total expenditures of the State for
non-recurrent short term benefits in the quarter, whether under the State
program funded under this part or as qualified State expenditures, exceeds the
total expenditures of the State for non-recurrent short term benefits in the
corresponding quarter in the emergency fund base year of the State.
(iii)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).
(C)Grant related to
increased expenditures for subsidized employment
(i)For each calendar quarter in fiscal year 2012 or 2013,
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)Subsidized
employment expenditure requirementA State meets the requirement
of this clause for a quarter if the total expenditures of the State for
subsidized employment 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)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).
(4)Authority to
make necessary adjustments to data and collect needed dataIn
determining the size of the caseload of a State and the expenditures of a State
for basic assistance, non-recurrent short term benefits, and subsidized
employment, during any period for which the State requests funds under this
subsection, and during the emergency fund base year of the State, the Secretary
may make appropriate adjustments to the data, on a State-by-State basis, to
ensure that the data are comparable with respect to the groups of families
served and the types of aid provided. The Secretary may develop a mechanism for
collecting expenditure data, including procedures which allow States to make
reasonable estimates, and may set deadlines for making revisions to the
data.
(5)The
total amount payable to a single State under subsection (b) and this subsection
for fiscal years 2012 and 2013 combined shall not exceed 50 percent of the
annual State family assistance grant.
(6)Limitations on
use of fundsA State to which an amount is paid under this
subsection may use the amount only as authorized by section 404.
(7)The Secretary shall implement this subsection as
quickly as reasonably possible, pursuant to appropriate guidance to
States.
(8)Application to
indian tribesThis subsection shall apply to an Indian tribe with
an approved tribal family assistance plan under section 412 in the same manner
as this subsection applies to a State.
(9)In
this subsection:
(A)Average monthly
assistance caseload definedThe 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 under paragraph (4).
(B)
(i)The term emergency fund base year means,
with respect to a State and a category described in clause (ii), whichever of
fiscal year 2009 or 2010 is the fiscal year in which the amount described by
the category with respect to the State is the lesser.
(ii)The categories described in this clause are the
following:
(I)The average
monthly assistance caseload of the State.
(II)The total
expenditures of the State for non-recurrent short term benefits, whether under
the State program funded under this part or as qualified State
expenditures.
(III)The total
expenditures of the State for subsidized employment, whether under the State
program funded under this part or as qualified State expenditures.
(C)Qualified state
expendituresThe term qualified State expenditures
has the meaning given the term in section
409(a)(7).
.
(b)Modification of
caseload reduction creditSection 407(b)(3)(A)(i) of such Act (42
U.S.C. 607(b)(3)(A)(i)) is amended by inserting (or if the immediately
preceding fiscal year is fiscal year 2011 or 2012, then, at State option,
during the emergency fund base year of the State with respect to the average
monthly assistance caseload of the State (within the meaning of section
403(c)(9)), except that, if a State elects such option for fiscal year 2011,
the emergency fund base year of the State with respect to such caseload shall
be fiscal year 2009))
before under the State
.
(c)Disregard from
limitation on total payments to territoriesSection 1108(a)(2) of
such Act (42 U.S.C. 1308(a)(2)) is amended by inserting
403(c)(3),
after 403(a)(5),
.