[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3672 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3672

 To provide States and Indian Tribes with flexibility in administering 
 the temporary assistance for needy families program due to the public 
health emergency with respect to the Coronavirus Disease (COVID-19), to 
make emergency grants to States and Indian Tribes to provide financial 
   support for low-income individuals affected by that public health 
                   emergency, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2020

     Mr. Wyden (for himself, Mr. Brown, Mr. Schatz, and Mr. Casey) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To provide States and Indian Tribes with flexibility in administering 
 the temporary assistance for needy families program due to the public 
health emergency with respect to the Coronavirus Disease (COVID-19), to 
make emergency grants to States and Indian Tribes to provide financial 
   support for low-income individuals affected by that public health 
                   emergency, and for other purposes.

    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 ``Pandemic TANF Assistance Act''.

SEC. 2. EMERGENCY FLEXIBILITY FOR STATE AND TRIBAL TANF PROGRAMS.

    (a) Suspension of Requirements and Penalties Relating to the Time 
Limit for Assistance, Work, and Certain Other Requirements.--
            (1) In general.--During the applicable period--
                    (A) sections 407(a), 407(e)(1), and 408(a)(7)(A) of 
                the Social Security Act (42 U.S.C. 607(a), 607(e)(1), 
                608(a)(7)(A)) shall have no force or effect;
                    (B) no penalty shall be imposed against an 
                individual or the individual's family with respect to 
                section 407(e)(1) or 408(b)(3) of such Act (42 U.S.C. 
                607(e)(1), 608(b)(3));
                    (C) a State shall not deny, reduce, or terminate 
                assistance to a family because an individual does not 
                comply with such section 407(e)(1) or does not 
                otherwise engage in work required by the State;
                    (D) a State shall not deny, reduce, or terminate 
                assistance to an individual or the individual's family 
                with respect to a failure to cooperate with completing 
                the assessment required under section 408(b)(1) of such 
                Act (42 U.S.C. 608(b)(1));
                    (E) a State may defer a required assessment of the 
                employability of an individual under section 408(b) of 
                such Act (42 U.S.C. 608(b)) to 90 days following the 
                end of the applicable period;
                    (F) no condition on assistance for an individual or 
                the individual's family shall be imposed in connection 
                with enforcing penalties described in section 409(a)(5) 
                of such Act (42 U.S.C. 609(a)(5));
                    (G) no penalty shall be imposed against an 
                individual or the individual's family with respect to 
                section 408(a)(2) of such Act (42 U.S.C. 608(a)(2)); 
                and
                    (H) paragraphs (3), (5), (9), (14), and (15) of 
                section 409(a) of such Act (42 U.S.C. 609(a)) shall not 
                apply with respect to any violation of a requirement 
                described in such a paragraph that occurs during or 
                with respect to the applicable period.
            (2) Tribal programs.--During the applicable period--
                    (A) the minimum work participation requirements and 
                time limits established under section 412(c) of the 
                Social Security Act (42 U.S.C. 612(c)) shall have no 
                force or effect;
                    (B) no penalty shall be imposed against an 
                individual or the individual's family with respect to a 
                violation of such requirements or limits;
                    (C) no condition on assistance for an individual or 
                the individual's family shall be imposed in connection 
                with enforcing penalties described in section 409(a)(5) 
                of such Act (42 U.S.C. 609(a)(5)); and
                    (D) the penalties established under such section 
                412(c) shall not apply with respect to conduct engaged 
                in during or with respect to the applicable period.
    (b) Application To Program Enforcement Provisions.--
            (1) Waiver of certain penalties.--The Secretary shall not 
        impose a penalty against a State or Indian tribe under 
        paragraph (3), (5), (9), (14), or (15) of section 409(a) of 
        such Act (42 U.S.C. 609(a)) with respect to any violation of a 
        requirement described in such a paragraph that occurs during or 
        with respect to the applicable period.
            (2) Corrective compliance plans.--If a State or Indian 
        tribe has a corrective compliance plan in effect during or with 
        respect to the applicable period that involves a violation for 
        which a penalty specified in paragraph (1) would be imposed, 
        the Secretary shall--
                    (A) disregard the months occurring during the 
                applicable period (and any portion of such months) for 
                purposes of determining whether the State or Indian 
                tribe has not, in a timely manner, corrected or 
                discontinued, as appropriate, the violation pursuant to 
                the corrective compliance plan accepted by the 
                Secretary; and
                    (B) consult with the State or Indian tribe on 
                modifications to the corrective compliance plan for how 
                the State will correct or discontinue, as appropriate, 
                the violation and how the State will ensure compliance 
                with the requirements of part A of title IV of the 
                Social Security Act (42 U.S.C. 601 et seq.) after the 
                applicable period ends.
    (c) Penalty for Noncompliance.--
            (1) In general.--Subject to the succeeding provisions of 
        this subsection, if the Secretary finds that during or with 
        respect to the period that begins on the date of enactment of 
        this section and ends on November 30, 2020, a State or an 
        Indian tribe has imposed a penalty waived under subsection (a), 
        including denying, reducing, terminating, or conditioning 
        assistance under a program funded under part A of title IV of 
        the Social Security Act or any program funded with qualified 
        State expenditures (as defined in section 409(a)(7)(B)(i) of 
        such Act (42 U.S.C. 609(a)(7)(B)(i))), the Secretary shall 
        reduce the grant payable to the State under section 403(a)(1) 
        of such Act (42 U.S.C. 603(a)(1)) or the grant payable to the 
        tribe under section 412(a)(1) of such Act (42 U.S.C. 612(a)(1)) 
        for fiscal year 2021 by an amount equal to 5 percent of the 
        State or tribal family assistance grant (as applicable).
            (2) Penalty based on severity of failure.--The Secretary 
        shall impose reductions under paragraph (1) with respect to 
        fiscal year 2021 based on the degree of noncompliance.
            (3) Application of aggregate penalty limit.--For purposes 
        of section 409(d) of the Social Security Act (42 U.S.C. 
        609(d)), paragraph (1) of this subsection shall be considered 
        to be included in section 409(a) of such Act.
    (d) Definitions.--In this section:
            (1) Applicable period.--The term ``applicable period'' 
        means the period that begins on October 1, 2019, and ends on 
        November 30, 2020.
            (2) Other terms.--Each other term has the meaning given the 
        term for purposes of part A of title IV of the Social Security 
        Act (42 U.S.C. 601 et seq.).

SEC. 3. CORONAVIRUS EMERGENCY ASSISTANCE GRANTS FOR LOW-INCOME 
              FAMILIES.

    Title VI of the Social Security Act (42 U.S.C. 801 et seq.), as 
added by section 5001(a) of division A of the Coronavirus Aid, Relief, 
and Economic Security Act (Public Law 116-136), is amended by adding at 
the end the following:

``SEC. 602. CORONAVIRUS EMERGENCY ASSISTANCE GRANTS FOR LOW-INCOME 
              FAMILIES.

    ``(a) In General.--Subject to the succeeding provisions of this 
section, each emergency grant State shall be entitled to receive from 
the Secretary a grant pursuant to this section for the period beginning 
on April 1, 2020, and ending on September 30, 2021, in the amount 
determined for the State under subsection (b).
    ``(b) Amount of Grants.--
            ``(1) In general.--Subject to paragraphs (2), (3), and (4), 
        the amount of the grant for an emergency grant State for the 
        period described in subsection (a) shall be the amount equal to 
        the product of--
                    ``(A) the amount appropriated in paragraph (1) of 
                subsection (h) that remains after the application of 
                paragraph (2) of that subsection; and
                    ``(B) the quotient of--
                            ``(i) the number of individuals in families 
                        with income below the poverty line in the State 
                        in the most recent year for which data are 
                        available from the Bureau of the Census; and
                            ``(ii) the number of individuals in 
                        families with income below the poverty line in 
                        all States (other than States specified in 
                        subsection (h)(2)(A)) in such year.
            ``(2) Other states.--The amount of the grant for an 
        emergency grant State specified in subsection (h)(2)(A) shall 
        be based on such poverty data as the Secretary determines 
        appropriate.
            ``(3) Redistribution of unused funds.--The Secretary shall 
        redistribute, under a procedure and methodology the Secretary 
        determines appropriate, funds available for payments to 
        emergency grant States under this section for which, as of July 
        30, 2021, States have not applied to be paid to other emergency 
        grant States that apply for payment from such funds.
            ``(4) Inclusion of families of 1.--For purposes of 
        paragraphs (1), (2), and (3), in determining the number of 
        individuals in families with income below the poverty line in a 
        State, the Secretary shall take household composition into 
        account and shall treat a single individual as a family of 1, 
        without regard to whether the household of the individual is 
        composed of more than 1 family.
    ``(c) Use of Funds.--
            ``(1) In general.--An emergency grant State receiving a 
        grant under this section shall only use the grant funds for the 
        following:
                    ``(A) To provide short-term cash, non-cash, or in-
                kind emergency disaster relief (as appropriate) to--
                            ``(i) help eligible families address and 
                        avoid emergencies with respect to basic needs;
                            ``(ii) prevent or remedy household 
                        emergencies of eligible families, such as 
                        evictions, foreclosures, forfeitures, and 
                        terminations of utility services; and
                            ``(iii) help eligible families address and 
                        avoid emergencies so that children may be cared 
                        for in their own homes or in the homes of 
                        relatives.
                    ``(B) To ensure the safety and well-being of all 
                individuals during the period of a Federal or State 
                emergency declaration concerning Coronavirus Disease 
                2019 (COVID-19), by providing subsidized jobs for 
                individuals who are members of eligible families that 
                can be performed remotely or are deemed essential (with 
                individuals provided proper personal protective 
                equipment and complying with Federal and State social 
                distancing guidelines).
                    ``(C) To provide subsidized employment for 
                individuals who are members of eligible families after 
                the period of a Federal or State emergency declaration 
                concerning Coronavirus Disease 2019 (COVID-19) ends 
                (when safe to do so, taking into account the need to 
                prevent the spread or reoccurrence of coronavirus).
            ``(2) Nondisplacement.--An emergency grant State receiving 
        a grant under this section shall not use the grant funds to--
                    ``(A) displace or replace an employee, position, or 
                volunteer, or to partially displace or replace an 
                employee, position or volunteer, such as through a 
                reduction in hours, wages, or employment benefits;
                    ``(B) displace or replace an employee participating 
                in a strike, collective bargaining or union activities, 
                or union organizing; or
                    ``(C) displace or replace an employee who was 
                furloughed or unable to work due to the public health 
                emergency with respect to the Coronavirus Disease 2019 
                (COVID-19) (including due to illness, measures taken to 
                avoid infection, or needing to provide care for another 
                individual).
            ``(3) Nondiscrimination.--An emergency grant State 
        receiving a grant under this section shall not employ any 
        policies or practices that have the effect of making any 
        eligible family less likely to receive assistance by reason of 
        race, sex, religious creed, national origin, or political 
        affiliation.
            ``(4) Protecting other benefits.--For purposes of any 
        Federal, State, or local law, including those for purposes of 
        public assistance programs and taxation, any benefit provided 
        under paragraph (1)(A) for an eligible family shall be treated 
        as short-term, non-cash, in-kind emergency disaster relief 
        without regard to the form in which the benefit is provided and 
        shall be disregarded from income.
    ``(d) State Letter of Intent.--
            ``(1) In general.--In order to receive a payment for a 
        fiscal year quarter from the grant determined for an emergency 
        grant State under this section, a State shall submit a letter 
        of intent to the Secretary, not later than 30 days before the 
        first day of each such quarter (or, in the case of a quarter 
        that has started or will start within 30 days of the date of 
        enactment of this section, a State shall submit a letter of 
        intent to the Secretary not later than 15 days after such date 
        of enactment in order to receive an emergency grant for that 
        quarter) that--
                    ``(A) specifies the amount of funds requested by 
                the State for a quarter;
                    ``(B) describes how the State will use the funds to 
                assist eligible families during the quarter; and
                    ``(C) describes how funds provided will not 
                supplant any existing expenditures or programs funded 
                or administered by the State.
            ``(2) Public availability.--The State shall make the letter 
        of intent submitted by the State under this subsection 
        available to the public.
            ``(3) No delay of payments; hold harmless.--
                    ``(A) In general.--The Secretary shall make 
                payments by the applicable deadline under subsection 
                (f)(2) to each State that submits a letter of intent 
                for a quarter by the applicable deadline under 
                paragraph (1), without regard to whether the Secretary 
                has issued the guidance required under subsection 
                (f)(1).
                    ``(B) Hold harmless.--A State that uses funds paid 
                to the State for any quarter occurring prior to the 
                issuance of the guidance required under subsection 
                (f)(1) consistent with the letter of intent submitted 
                by the State for the quarter and the State's good faith 
                interpretation of the requirements of this section, 
                shall not be penalized under subsection (f)(3) or in 
                any other manner if, after such guidance is issued, the 
                Secretary determines the State did not use the funds 
                consistent with such guidance.
    ``(e) Reports.--
            ``(1) State reports.-- Not later than January 1, 2022, each 
        emergency grant State shall submit a report to the Secretary on 
        how the State used the grant funds received by the State in 
        such form and manner, and containing such information, as the 
        Secretary shall require.
            ``(2) Report to congress.--Not later than September 30, 
        2022, the Secretary shall submit a report to Congress on the 
        grants made under this section based on the reports submitted 
        under paragraph (1).
    ``(f) Miscellaneous.--
            ``(1) Expedited implementation.--The Secretary shall 
        implement this section as quickly as reasonably possible, 
        pursuant to the issuance of appropriate guidance to States.
            ``(2) Timely distribution of grants.--
                    ``(A) Initial payments.--Not later than 30 days 
                after the date of enactment of this section, the 
                Secretary shall pay each State that is an emergency 
                grant State as of such date, the grant payable to such 
                State for the 3rd quarter of fiscal year 2020.
                    ``(B) Subsequent payments.--The Secretary shall 
                continue to make payments not later than the first day 
                of each quarter to emergency grant States under this 
                section for the 4th quarter of fiscal year 2020 and 
                each quarter of fiscal year 2021.
            ``(3) Misuse of funds.--
                    ``(A) In general.--If the Secretary determines that 
                an emergency grant State has used grant funds received 
                by the State in violation of the requirements of this 
                section, the State shall remit to the Secretary an 
                amount equal to the amount so used.
                    ``(B) Application of appeal procedures.--Section 
                410 shall apply to a determination by the Secretary 
                under subparagraph (A) in the same manner as such 
                section applies to an imposition of a penalty under 
                section 409.
    ``(g) Definitions.--In this section:
            ``(1) Eligible families.--The term `eligible family' means 
        a family (including a family of one)--
                    ``(A) whose monthly income, as of the date on which 
                the family applies for emergency disaster relief or 
                subsidized employment, does not exceed 200 percent of 
                the poverty line applicable to a family of the size 
                involved (as determined under section 673(2) of the 
                Community Services Block Grant Act (42 U.S.C. 
                9902(2))); and
                    ``(B) that has been adversely affected by the 
                public health emergency with respect to the Coronavirus 
                Disease 2019 (COVID-19) (including due to illness, 
                economic disruption, measures taken to avoid infection, 
                or needing to provide care for another individual).
            ``(2) Emergency grant state.--The term `emergency grant 
        State' means a State that submits a letter of intent containing 
        the information specified in subsection (d)(1) to the Secretary 
        with respect to a fiscal year quarter by the submission 
        deadline for such quarter.
            ``(3) State.--The term `State' has the meaning given that 
        term in section 419(5) and includes the Commonwealth of the 
        Northern Mariana Islands and Indian tribes as defined in 
        section 419(4).
    ``(h) Appropriation.--
            ``(1) In general.--Out of any money in the Treasury of the 
        United States not otherwise appropriated, there are 
        appropriated for the period beginning on April 1, 2020, and 
        ending on September 30, 2021, $10,000,000,000 for grants under 
        this section.
            ``(2) Reservation of funds.--
                    ``(A) Certain territories.--The Secretary shall 
                reserve 3.5 percent of the amount appropriated under 
                paragraph (1) for grants to Guam, American Samoa, the 
                United States Virgin Islands, the Commonwealth of the 
                Northern Mariana Islands, and Indian tribes (as defined 
                in section 419(4)).
                    ``(B) Technical assistance.--The Secretary shall 
                reserve $500,000 of the amount appropriated under 
                paragraph (1) to provide technical assistance to States 
                and Indian tribes with respect to the emergency grants 
                made under this section.''.
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