1.Temporary reinstatement of
the Emergency Contingency Fund for State Temporary Assistance for Needy
Families Programs
(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 2011,
$20,000,000,000 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 2018 and shall be
used to make grants to States in each of fiscal years 2011 through 2018 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 2018.
(3)
(A)Grant related to
caseload increases
(i)For each calendar quarter in fiscal year 2011 through
2018, 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 in a fiscal year 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 preceding fiscal year.
(iii)Subject to paragraph (5), the amount of the grant to be
made to a State under this subparagraph for a quarter in a fiscal year 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 preceding fiscal
year.
(B)Grant related to
increased expenditures for non-recurrent short term benefits
(i)For each calendar quarter in fiscal year 2011 through
2018, 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 in a fiscal year 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 preceding fiscal year.
(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 2011 through
2018, 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 in a fiscal year 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 preceding
fiscal year.
(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, 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 2011 through 2018 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)Qualified state
expendituresThe term qualified State expenditures
has the meaning given the term in section
409(a)(7).
.
(b)Disregard from
limitation on total payments to territoriesSection 1108(a)(2) of the Social Security
Act (42 U.S.C. 1308(a)(2)) is amended by inserting “403(c)(3),” after
“403(a)(5),”.
(c)Elimination of
modification of caseload reduction credit
(1)Section 407(b)(3)(A)(i) of the Social Security Act (42
U.S.C. 607(b)(3)(A)(i)) is amended by striking “(or if the immediately
preceding fiscal year is fiscal year 2008, 2009, or 2010, 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 2008,
the emergency fund base year of the State with respect to such caseload shall
be fiscal year 2007))”.
(2)Section 2101 of
the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat.
446–449) is amended—
(A)in subsection
(a)(2), by striking , except that paragraph (9) of such subsection shall
remain in effect until October 1, 2011, but only with respect to section
407(b)(3)(A)(i) of such Act
; and
(B)in subsection (d),
by striking paragraph (2).
(d)Effective October 1, 2018:
(1)Section 403 of the Social Security Act (42 U.S.C. 603) (as
added by paragraph (1)) is amended by striking subsection (c) (as added by
subsection (a) of this section).
(2)Disregard from
limitation on total payments to territoriesSection 1108(a)(2) of such Act (42 U.S.C.
1308(a)(2)) is amended by striking “403(c)(3),” (as added by subsection (b) of
this section).