[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4770 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4770

 To amend the Social Security Act to provide for a Family Crisis Cash 
              Assistance Program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 30 (legislative day, September 29), 2020

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

_______________________________________________________________________

                                 A BILL


 
 To amend the Social Security Act to provide for a Family Crisis Cash 
              Assistance Program, 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 ``Family Crisis Cash Assistance Act''.

SEC. 2. FAMILY CRISIS CASH ASSISTANCE PROGRAM.

    (a) Establishment.--The Social Security Act (42 U.S.C. 301 et seq.) 
is amended by inserting after title XII the following new title:

          ``TITLE XIII--FAMILY CRISIS CASH ASSISTANCE PROGRAM

                      ``TABLE OF CONTENTS OF TITLE

``Sec. 1301. Family Crisis Cash Assistance Program.
``Sec. 1302. Payments to States for family assistance.
``Sec. 1303. Family crisis cash assistance payments.
``Sec. 1304. State plans for family crisis cash assistance.
``Sec. 1305. Requirements.
``Sec. 1306. Failure of State to make cash assistance payments or 
                            comply with requirements.
``Sec. 1307. Administration of title.
``Sec. 1308. Definitions.

``SEC. 1301. FAMILY CRISIS CASH ASSISTANCE PROGRAM.

    ``(a) Purpose.--The purpose of this title is to provide funds to 
States for making family cash assistance payments to vulnerable 
families during major natural disasters or economic downturns.
    ``(b) Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        for each fiscal year such sums as are necessary to carry out 
        the purposes of this title. The sums made available under this 
        subsection shall be used--
                    ``(A) for making payments under this title to 
                States which have submitted, and had approved by the 
                Secretary, State plans for family crisis cash 
                assistance under section 1304;
                    ``(B) for making cash assistance payments on behalf 
                of States to eligible households under section 1303 
                pursuant to section 1306;
                    ``(C) to provide planning grants under subsection 
                (c);
                    ``(D) to provide technical assistance to States 
                under section 1304(e)(2); and
                    ``(E) to pay for State and Federal costs 
                attributable to sharing data in accordance with section 
                1304(c)(2).
            ``(2) State entitlement.--This subsection constitutes 
        budget authority in advance of appropriations Acts and 
        represents the obligation of the Secretary to provide for the 
        payment of amounts provided under this title.
            ``(3) Limitation on funding for technical assistance and 
        administrative costs.--
                    ``(A) In general.--The total amount appropriated 
                for a fiscal year under this subsection for purposes of 
                providing technical assistance to States under section 
                1304(e)(2) or paying for the costs of States and 
                Federal agencies attributable to sharing data in 
                accordance with section 1304(c)(2) shall not exceed the 
                amount specified under subparagraph (B).
                    ``(B) Limitation.--The amount specified in this 
                subparagraph is--
                            ``(i) for each of fiscal years 2021 through 
                        2023, $14,000,000,000; and
                            ``(ii) for each fiscal year after fiscal 
                        year 2024, an amount equal to the greater of--
                                    ``(I) $4,500,000,000; and
                                    ``(II) 3 percent of the average 
                                annual amount of all payments made to 
                                States under section 1302(a) for the 3-
                                fiscal year period preceding such 
                                fiscal year.
    ``(c) Planning Grants.--
            ``(1) Initial planning grants.--
                    ``(A) In general.--The Secretary shall provide each 
                State that submits an application in fiscal year 2021 
                with a planning grant in the amount determined for the 
                State under subparagraph (B) for the purpose of 
                developing a State plan for family crisis cash 
                assistance under section 1304.
                    ``(B) Grant amount.--The amount determined under 
                this subparagraph with respect to a State is the 
                product of--
                            ``(i) $10,000,000,000; and
                            ``(ii) the quotient of--
                                    ``(I) the number of households in 
                                the State with a household income that 
                                is less than 200 percent of the Federal 
                                poverty line (as defined in section 
                                673(2) of the Omnibus Budget 
                                Reconciliation Act of 1981, including 
                                any revision required by such section, 
                                applicable to a family of the size 
                                involved); and
                                    ``(II) the number of such 
                                households in all States.
            ``(2) Grants to update family crisis cash assistance 
        plans.--For each fiscal year after fiscal year 2021, the 
        Secretary may provide any State that wishes to update the 
        family crisis cash assistance plan of the State under section 
        1304 with a grant in an amount that shall not exceed 50 percent 
        of an amount determined for the State in the same manner as the 
        amount determined for the State under paragraph (1)(B).
            ``(3) Reporting.--Any State that receives a planning grant 
        under this subsection shall, not later than 1 year after the 
        State, submit a report (which may be included in a report 
        submitted under section 1305(d)) to the Secretary describing 
        how the State used such grant.
    ``(d) Additional Grant for Community Outreach.--For any calendar 
quarter in which a State receives a payment under section 1302(a) for 
cash assistance payments that the State is required to make for such 
quarter under section 1303, such State shall be entitled to an 
additional payment in an amount equal to 7 percent of such payment 
under section 1302(a), provided that the State spends not less than 10 
percent of such additional payment conducting outreach, which shall 
include internet, television, radio, print, and other media 
advertisement campaigns in all languages relevant to the targeted 
eligible population and in manners that are accessible to people with 
disabilities, to increase awareness of the cash assistance program 
established under this title to populations that the State determines 
are difficult to reach. A State may conduct such outreach in 
coordination with community nonprofit organizations in the State.
    ``(e) Regulations.--The Secretary shall issue such regulations as 
are necessary to carry out this title.

``SEC. 1302. PAYMENTS TO STATES FOR FAMILY ASSISTANCE.

    ``(a) In General.--Subject to subsection (c), for each calendar 
quarter that a State has in effect a plan approved under section 1304, 
the Secretary shall pay to the State an amount equal to 100 percent of 
the amount of the cash assistance payments that the State is required 
to make for months that occur during such quarter under section 1303.
    ``(b) Payments for Technical Assistance and Administrative Costs.--
In addition to amounts paid to a State under subsection (a), the 
Secretary shall make payments to the State (in such amounts as the 
Secretary determines appropriate) to pay for administrative costs 
attributable to developing and implementing the State plan under this 
title.
    ``(c) Timing and Manner of Payments.--
            ``(1) In general.--Prior to the beginning of each calendar 
        quarter, the Secretary shall estimate the amount to which a 
        State will be entitled under this title for such quarter, and 
        shall pay to the State, in such installments as the Secretary 
        may determine, the amount so estimated, reduced or increased to 
        the extent of any overpayment or underpayment which the 
        Secretary determines was made under this section to the State 
        for any prior quarter and with respect to which adjustment has 
        not already been made under this subsection.
            ``(2) Special payment.--If a State becomes entitled to 
        payments under this title for any month during a calendar 
        quarter for which the Secretary estimated that the State would 
        not be so entitled, the Secretary shall, not later than 14 days 
        after the State becomes so entitled--
                    ``(A) re-estimate the amount to which the State 
                will be entitled under this title for such quarter; and
                    ``(B) pay the amount so estimated (adjusted for 
                overpayments and underpayments as described in 
                paragraph (1)) to the State.

``SEC. 1303. FAMILY CRISIS CASH ASSISTANCE PAYMENTS.

    ``(a) In General.--Subject to subsections (b), (c), and (d), for 
each month that is a family assistance month with respect to a State 
with a plan approved under this title (as determined under subsection 
(g)(1)), the State shall make a cash assistance payment to each 
eligible household that resides in an emergency assistance area (as 
defined in subsection (g)(3)) in the State in an amount equal to--
            ``(1) in the case of an eligible household that consists of 
        1 individual, $2,000;
            ``(2) in the case of an eligible household that consists of 
        2 individuals, $3,000;
            ``(3) in the case of an eligible household that consists of 
        3 individuals, $3,500; and
            ``(4) in the case of an eligible household that consists of 
        4 or more individuals, $4,000.
    ``(b) Inflation Increase.--For each fiscal year after fiscal year 
2020, each amount specified in subsection (a) and subsection (d)(2) 
shall be equal to--
            ``(1) the amount that applied under such subsection (as 
        increased under this subsection, if applicable) for the 
        preceding fiscal year; increased by
            ``(2) the percentage increase (if any) in the Consumer 
        Price Index for all-urban consumers published by the Department 
        of Labor for the 12-month period ending with the month before 
        the first month of the fiscal year involved.
    ``(c) Proportional Reduction.--A State shall adjust on a pro rata 
basis the amounts paid to each eligible household under subsection (a) 
for a month (as increased under subsection (b) and, if applicable, 
reduced under subsection (d)) to the extent that amount determined for 
the State and month under section 1302(c) is insufficient to make full 
payments under such subsection to all eligible households in the State.
    ``(d) Phase-Out.--
            ``(1) In general.--Subject to paragraph (2), the amount 
        payable to an eligible household under subsection (a) for a 
        month (as increased under subsection (b)) shall be reduced by a 
        percentage equal to the number of percentage points by which 
        the income of such household exceeds 200 percent of the Federal 
        poverty line (as defined in section 673(2) of the Omnibus 
        Budget Reconciliation Act of 1981, including any revision 
        required by such section, applicable to a family of the size 
        involved).
            ``(2) Minimum payment amount.--Subject to subsection (b), 
        the amount payable to an eligible household under subsection 
        (a) for a month shall not be reduced pursuant to this 
        subsection to an amount that is less than $200.
    ``(e) Timeliness.--A State that receives a payment under section 
1302 for a month shall make the payments described in subsection (a) 
not less than 14 days after the receipt of such payment.
    ``(f) Manner of Payment.--A State may use the following methods to 
make cash assistance payments to eligible households under this 
section:
            ``(1) Transferring amounts to an account held by, or 
        established for, an eligible household at--
                    ``(A) a community development financial institution 
                (as defined in section 103 of the Community Banking and 
                Financial Institutions Act of 1994 (12 U.S.C. 4701 
                note));
                    ``(B) a minority deposit institution;
                    ``(C) a community development credit union; or
                    ``(D) another financial institution.
            ``(2) Providing an eligible household with a debit or 
        credit card to access payment amounts.
            ``(3) By making such payments through the benefit transfer 
        system of an existing cash benefit program administered by the 
        State, such as the supplemental nutrition assistance program, a 
        retirement benefit program, a welfare program, a disability 
        assistance program, a housing assistance program, or an 
        unemployment assistance program.
            ``(4) Any other method determined appropriate by the State 
        and approved by the Secretary.
    ``(g) Definitions.--In this section:
            ``(1) Family assistance month.--The term `family assistance 
        month' means, with respect to a State, a month occurring during 
        any period that--
                    ``(A) begins with the most recent month that is a 
                trigger month for the State; and
                    ``(B) ends with the earlier of--
                            ``(i) the 11th consecutive month following 
                        such trigger month that is not a trigger month 
                        for the State; and
                            ``(ii) the first month following such 
                        trigger month that is--
                                    ``(I) if such trigger month is an 
                                economic trigger month, an economic 
                                recovery month; or
                                    ``(II) if such trigger month is a 
                                natural disaster trigger month, a 
                                natural disaster recovery month.
            ``(2) Trigger month.--
                    ``(A) In general.--The term `trigger month' means, 
                with respect to a State, a month in which--
                            ``(i) the State's average unemployment rate 
                        for the 6 months preceding the month involved 
                        exceeds the lowest monthly unemployment rate 
                        for the State for the 12 months preceding the 
                        month involved by at least 0.5 percentage 
                        points;
                            ``(ii) the national average unemployment 
                        rate for the 3 months preceding the month 
                        involved exceeds the lowest national monthly 
                        unemployment rate for the 12 months preceding 
                        the month involved by at least 0.5 percentage 
                        points;
                            ``(iii) the number of applications for 
                        unemployment insurance benefits in the State 
                        for the month involved exceeds by at least 20 
                        percent the average number of such applications 
                        for the 3 months preceding the month involved; 
                        or
                            ``(iv) a major disaster exists in the State 
                        for which assistance is authorized under 
                        section 408 of the Robert T. Stafford Disaster 
                        Relief and Emergency Assistance Act for 
                        individuals who live in an area of the State.
                    ``(B) Economic trigger month.--The term `economic 
                trigger month' means a trigger month described in 
                clause (i), (ii), or (iii) of subparagraph (A).
                    ``(C) Natural disaster trigger month.--The term 
                `natural disaster trigger month' means a trigger month 
                described in clause (iv) of subparagraph (A).
            ``(3) Emergency assistance area.--The term `emergency 
        assistance area' means, with respect to a State and a month 
        that is a family assistance month for the State--
                    ``(A) if the month is a family assistance month on 
                the basis of an economic trigger month, the entire 
                State; and
                    ``(B) if the month is a family assistance month 
                only on the basis of a natural disaster trigger month, 
                the area in the State for which assistance to 
                individuals residing in such area is authorized under 
                section 408 of the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act.
            ``(4) Recovery months.--
                    ``(A) Economic recovery month.--
                            ``(i) In general.--Subject to clause (ii), 
                        the term `economic recovery month' means, with 
                        respect to a State, the first month following 
                        an economic trigger month in which the State's 
                        average unemployment rate for the 6 months 
                        preceding the month involved does not exceed 
                        the State's average unemployment rate for the 6 
                        months preceding the month before such economic 
                        trigger month by more than 2 percentage points.
                            ``(ii) Requirement.--A month shall not be 
                        an economic recovery month unless at least 6 
                        consecutive months preceding such month were 
                        not trigger months.
                    ``(B) Natural disaster recovery month.--
                            ``(i) In general.--Subject to clause (ii), 
                        the term `natural disaster recovery month' 
                        means, with respect to a State, the 6th 
                        consecutive month following a natural disaster 
                        trigger month that is not a trigger month.
                            ``(ii) Exception.--A month shall not be a 
                        natural disaster recovery month with respect to 
                        a State if the Secretary, upon request from the 
                        Governor of the State, determines, in 
                        coordination with the Secretary of Housing and 
                        Urban Development, the Administrator of the 
                        Federal Emergency Management Administration, 
                        the Secretary of Labor, and the Secretary of 
                        Commerce and based on the progress of economic 
                        recovery of eligible households in the State, 
                        that the State requires more time to recover. 
                        The Secretary shall submit to Congress a 
                        written justification of any such 
                        determination.
    ``(h) Notification of Trigger Months.--
            ``(1) Notification of unemployment-based trigger months.--
        The Secretary of Labor shall provide notice to the Secretary of 
        Health and Human Services whenever the Secretary of Labor 
        determines--
                    ``(A) that a month is an economic trigger month 
                with respect to a State; or
                    ``(B) that a month is an economic recovery month 
                with respect to a State.
            ``(2) Notification of disaster-based trigger months.--The 
        Administrator of the Federal Emergency Management 
        Administration shall provide notice to the Secretary whenever 
        the Administrator determines--
                    ``(A) that a month is a natural disaster trigger 
                month with respect to a State, and the areas in the 
                State for which assistance is authorized under section 
                408 of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act; and
                    ``(B) that a month is a natural disaster recovery 
                month with respect to a State.

``SEC. 1304. STATE PLANS FOR FAMILY CRISIS CASH ASSISTANCE.

    ``(a) In General.--A State shall not be eligible for payments under 
this title for any month unless the State has in effect for such month 
a State family crisis cash assistance plan that is approved by the 
Secretary under this section and is made available to the public by the 
State.
    ``(b) Approval of Plan.--The Secretary shall not approve a State 
family crisis cash assistance plan under this section unless the plan 
meets the requirements of subsection (c).
    ``(c) Plan Requirements.--
            ``(1) In general.--A State family crisis cash assistance 
        plan shall include the following:
                    ``(A) An estimate of the amount of funding that the 
                State will need over the term of the plan to make cash 
                assistance payments to eligible households under this 
                title, including--
                            ``(i) an estimate of--
                                    ``(I) the total number of eligible 
                                households in the State; and
                                    ``(II) the number of eligible 
                                households in the State that 1-person 
                                households, 2-person households, 3-
                                person households, and more than 3-
                                person households; and
                            ``(ii) a projection of how the State 
                        expects the estimates described in this 
                        subparagraph to change over the term of the 
                        plan.
                    ``(B) Procedures administering cash assistance 
                payments to eligible households in accordance with the 
                requirements of this title.
                    ``(C) Procedures for making cash assistance 
                payments available to individuals who are banked, 
                unbanked, experiencing homelessness, or are otherwise 
                economically vulnerable.
                    ``(D) Measures to ensure that the plan will not, 
                intentionally or unintentionally, function in a 
                discriminatory manner that impairs the ability of an 
                eligible household to receive cash assistance based on 
                the race, color, religion, sex, or national origin of 
                any member of the household.
                    ``(E) Contingency plans that the State will rely on 
                to administer cash assistance payments in times of 
                disaster or severe disruption.
                    ``(F) Data sharing systems and processes necessary 
                to meet the data sharing requirements of paragraph (2) 
                (including the data security and privacy requirements 
                under subparagraph (C) of such paragraph).
                    ``(G) Plans for overcoming anticipated shortcomings 
                or challenges (which shall include estimates of the 
                likelihood that each such shortcoming or challenge will 
                occur) that the State foresees in administering cash 
                assistance and how the State will use any available 
                technical assistance or administrative funding to 
                overcome such shortcomings or challenges.
            ``(2) Data sharing.--
                    ``(A) Coordination among state agencies.--A State 
                developing a plan for approval under this section shall 
                establish processes for the State department of revenue 
                (or whichever State agency is responsible for 
                administering the State's tax code) and the State 
                agencies responsible for administering the Medicaid 
                program under title XIX, the Children's Health 
                Insurance Program under title XXI, the supplemental 
                nutrition assistance program under the Food and 
                Nutrition Act of 2008, any State pension or retirement 
                program, and any other State program that provides 
                means-tested assistance to individuals or families to 
                share all program data necessary to enable the State to 
                identify individuals and families in the State who are 
                eligible for a family crisis cash assistance payment 
                under section 1303.
                    ``(B) Federal data.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of law, the head of the agency 
                        responsible for administering a Federal public 
                        assistance program (as defined in clause (ii)) 
                        shall make available to any State with a plan 
                        approved under this section all program data 
                        necessary to enable the State to identify 
                        individuals and families in the State who are 
                        eligible for a family crisis cash assistance 
                        payment under section 1303.
                            ``(ii) Federal public assistance program.--
                        The term `Federal public assistance program' 
                        means any retirement, welfare, health, 
                        disability, public or assisted housing, 
                        postsecondary education, food assistance, 
                        unemployment benefit, earned income tax credit, 
                        or any other similar benefit for which 
                        payments, tax credits, or assistance are 
                        provided to an individual, household, or family 
                        eligibility unit by an agency of the United 
                        States.
                    ``(C) Use of information; privacy protections.--
                Each State with a plan approved under this section--
                            ``(i) shall only use data provided to the 
                        State under this section for the purpose of 
                        identifying individuals and families who are 
                        eligible for a family crisis cash assistance 
                        payment under section 1303; and
                            ``(ii) shall comply with all data security 
                        and privacy provisions applicable to data 
                        provided to the State under this subsection.
                    ``(D) Costs of data sharing.--The Secretary shall 
                pay for costs of State and Federal agencies that are 
                attributable to sharing data in accordance with this 
                paragraph from the amount reserved for such purpose 
                under section 1301(a)(5)(B).
    ``(d) Term of Plan.--
            ``(1) In general.--A State plan for family crisis cash 
        assistance under this section shall be in effect for the 5-year 
        period beginning with the date that the Secretary approves such 
        plan.
            ``(2) Renewal.--A State shall apply for a renewal of a plan 
        for family crisis cash assistance under this section, with all 
        necessary updates to ensure that the plan meets the 
        requirements of this section, 12 months before such plan would 
        otherwise terminate.
            ``(3) Revision of plan for failure to meet thresholds.--
        Notwithstanding paragraph (2), if a State is required to submit 
        a proposed plan to improve the timeliness of assistance and 
        eliminate disparities in the provision of assistance under 
        clause (ii)(III) of section 1305(d)(1)(A), the State shall 
        apply to renew the plan for family crisis cash assistance under 
        this section (with the necessary updates to improve such 
        timeliness and eliminate such disparities) not later than 90 
        days after the date on which the State submits the report under 
        section (if earlier than the date on which the State would 
        otherwise be required to renew such plan under this 
        subsection).
    ``(e) Guidance and Technical Assistance.--
            ``(1) Guidance.--Not later than 6 months after the date of 
        enactment of this title, the Secretary shall issue detailed 
        guidance to States describing the requirements for State plans 
        under this title, and how to submit and obtain approval of such 
        a plan.
            ``(2) Technical assistance.--The Secretary shall offer 
        technical assistance to States to support the development, 
        enactment, implementation, and updating of State plans under 
        this section to ensure that the plans meet all requirements of 
        such section, including by--
                    ``(A) ensuring that the State's plan recognizes and 
                seeks to reduce discrimination and disparities based on 
                the race and ethnicity, primary language, sexual 
                orientation, disability status, gender identity, 
                housing status, and socioeconomic status of its 
                residents;
                    ``(B) consulting with relevant, local organizations 
                that specialize in ensuring the equitable delivery and 
                distribution of social services and support with regard 
                to the race and ethnicity, primary language, sexual 
                orientation, disability status, gender identity, 
                housing status, and socioeconomic status of the 
                recipients to ensure that the plan will achieve 
                equitable distribution and delivery outcomes;
                    ``(C) conducting analyses of the implementation of 
                past natural disaster and economic crisis recovery 
                programs in that State, including any past delivery of 
                family crisis cash assistance payments under this 
                title, to identify and proactively prevent intentional 
                or unintentional discriminatory outcomes;
                    ``(D) reviewing the State's proposed family crisis 
                cash assistance delivery mechanisms to proactively 
                identify ways that those mechanisms may yield 
                intentional or unintentional discriminatory outcomes 
                and developing solutions to prevent such outcomes;
                    ``(E) ensuring that the State's delivery methods 
                for family crisis cash assistance payments are secure 
                and convenient for all eligible recipients on an 
                equitable basis and including families who do not have 
                access to financial services or technology;
                    ``(F) providing information, including on existing 
                best practices, to State authorities to ensure that 
                they meet all other requirements of this section; and
                    ``(G) ensuring that the State plans have relevant, 
                up-to-date outreach materials that are cross-cultural, 
                language-accessible, and disability-accessible to all 
                families and children.

``SEC. 1305. REQUIREMENTS.

    ``(a) Use of Funds.--A State receiving a payment under this title 
shall only use such payment--
            ``(1) to provide cash assistance to eligible households in 
        the manner described in section 1303; and
            ``(2) in the case of funds received under section 1302(b), 
        to pay for administrative costs of developing and implementing 
        the State plan under section 1303.
    ``(b) Limitations.--A State receiving a payment under this title 
shall not--
            ``(1) require any member of an eligible household, as a 
        condition of receiving a cash assistance payment under section 
        1303, to--
                    ``(A) engage in work activities; or
                    ``(B) cooperate with the requirements of any child 
                support program;
            ``(2) impose any restrictions on how long an eligible 
        household may receive cash assistance payments under section 
        1303;
            ``(3) implement any policies or practices that have the 
        effect of making an eligible household less likely to receive a 
        cash assistance payment under section 1303 on the basis of any 
        member of the household's race, sex, religion, national origin, 
        immigration status, criminal justice status or history, housing 
        status, or political affiliation;
            ``(4) apply any asset or resource test for determining a 
        household's eligibility for a cash assistance payment under 
        section 1303; or
            ``(5) consider whether a household, or any member of a 
        household, is receiving assistance (whether cash or in-kind) 
        under another Federal or State program in determining the 
        household's eligibility for a cash assistance payment under 
        section 1303.
    ``(c) Treatment of Cash Assistance Payments as Emergency Disaster 
Relief; Protection From Assignment or Garnishment.--
            ``(1) In general.--With respect to a cash assistance 
        payment made to an eligible household under section 1303--
                    ``(A) such payment shall be treated as short-term, 
                non-cash, in-kind emergency disaster relief for 
                purposes of all laws and programs (including public 
                assistance and tax laws) of a State and any unit of 
                local government within the State; and
                    ``(B) the right of any person to such a cash 
                payment shall not be transferable or assignable, at law 
                or in equity, and no such payment shall be subject to 
                execution, levy, attachment, garnishment, or other 
                legal process, or the operation of any bankruptcy or 
                insolvency law.
            ``(2) Encoding of payments.--In the case of a cash payment 
        under section 1303 that is paid electronically by direct 
        deposit, a State shall issue the payment using a unique 
        identifier that is reasonably sufficient to identify the 
        payment as such a cash payment.
    ``(d) Reports.--
            ``(1) State reports.--
                    ``(A) In general.--Each State shall--
                            ``(i) not later than 90 days after the end 
                        of any trigger month (as defined in section 
                        1302(g)) for the State, submit to the Secretary 
                        a report on how the State used the payments 
                        received by the State under this title during 
                        such period that includes--
                                    ``(I) an analysis of all eligible 
                                households in the State as of the start 
                                of the family assistance period, 
                                disaggregated by race and ethnicity, 
                                disability status, housing status, and 
                                income level as a percentage of the 
                                Federal poverty line;
                                    ``(II) an analysis of all 
                                households that received cash 
                                assistance under this title during the 
                                family assistance period, disaggregated 
                                in the manner described in subclause 
                                (I); and
                                    ``(III) an analysis of the timing 
                                of when eligible households that 
                                received cash assistance received the 
                                assistance relative to the start of the 
                                assistance period, disaggregated in the 
                                manner described in subclause (I); and
                            ``(ii) not later than 1 year after the end 
                        of any family assistance period for the State, 
                        submit to the Secretary a report on how the 
                        State used the payments received by the State 
                        under this title during such period that 
                        includes--
                                    ``(I) the analyses described in 
                                subclauses (I) through (III) of clause 
                                (i);
                                    ``(II) an analysis of the reasons 
                                for any disparities in eligible 
                                households versus recipients and in the 
                                timeframes in which recipients received 
                                cash assistance, including disparities 
                                among categories of eligible households 
                                described in clause (i)(I);
                                    ``(III) if the analysis described 
                                in subclause (II) reveals that less 
                                than 90 percent of eligible households 
                                received cash assistance under this 
                                title or disparities of more than 14 
                                days, on average, in the timeframes in 
                                which recipients belonging to different 
                                categories of eligible households 
                                described in clause (i)(I) received 
                                cash assistance, a proposed plan on how 
                                the State will improve the rate of 
                                eligible households receiving payments 
                                and eliminate any such disparities in 
                                potential future deliveries of the 
                                family crisis cash assistance program;
                                    ``(IV) a description of how the 
                                State used any funds the State received 
                                under this title for technical 
                                assistance or administrative costs; and
                                    ``(V) at the option of the State, 
                                any recommendations to the Secretary 
                                and Congress on how changes to the 
                                program's implementation, including 
                                technical assistance, planning 
                                requirements, administrative support, 
                                and other factors may achieve more 
                                equitable outcomes.
                    ``(B) Family assistance period.--For purposes of 
                subparagraph (A), the term `family assistance period' 
                means, with respect to a State, a period of consecutive 
                months during which the State is entitled to a payment 
                under section 1302.
            ``(2) Report to congress.--Not later then September 30, 
        2022, the Secretary shall submit a report to Congress on the 
        use of payments made under this paragraph based on the reports 
        submitted under paragraph (1).
            ``(3) Validation of state reports.--The Secretary may--
                    ``(A) develop a process for validating State 
                reports submitted under paragraph (1) using Federal 
                data available to the Secretary; and
                    ``(B) request that a State address any 
                inconsistencies identified by the Secretary.

``SEC. 1306. FAILURE OF STATE TO MAKE CASH ASSISTANCE PAYMENTS OR 
              COMPLY WITH REQUIREMENTS.

    ``(a) In General.--The Secretary shall make cash assistance 
payments to eligible households in a State under section 1303 on behalf 
of the State if--
            ``(1) the State does not have a plan approved under this 
        title;
            ``(2) the State fails to make cash assistance payments 
        under section 1303 within the timeframe under subsection (e) of 
        such section; or
            ``(3) the Secretary determines that the State is otherwise 
        not satisfying the requirements of this title.
    ``(b) Recoupment of Payments From Noncompliant States.--
            ``(1) In general.--If the Secretary determines under 
        subsection (a) that a State is late in making cash assistance 
        payments or is otherwise not satisfying the requirements of 
        this title--
                    ``(A) the Secretary shall recover the amount of any 
                unexpended payment made to the State under this title; 
                and
                    ``(B) such State shall not be eligible for another 
                payment under this section until the State provides the 
                Secretary with such assurances that the State will 
                satisfy the requirements of this title as the Secretary 
                shall require.
            ``(2) Option to forego recovery of funding for 
        administration of state plan.--The Secretary may elect not to 
        recover amounts paid to a State under this title for State 
        costs attributable to the administration of the State family 
        crisis cash assistance plan.

``SEC. 1307. ADMINISTRATION OF TITLE.

    ``(a) Timing of Implementation.--The Secretary shall implement this 
title not later than 30 days after the date of enactment of this title, 
pursuant to appropriate guidance to States.
    ``(b) Data.--
            ``(1) Unemployment data.--Subject to paragraph (2), for 
        purposes of determining unemployment rates for a State and a 
        month under this title, the Secretary shall use seasonally 
        adjusted data from the Local Area Unemployment Statistics from 
        the Bureau of Labor Statistics.
            ``(2) Application to certain territories.--
                    ``(A) In general.--For purposes of determining 
                unemployment rates for a month for the Virgin Islands, 
                Guam, the Northern Mariana Islands, or American Samoa, 
                the Secretary shall use data from the unemployment 
                measure developed under subparagraph (B).
                    ``(B) Development of territorial measure.--The 
                Secretary of Labor, in coordination with the Secretary 
                of Health and Human Services and the chief executives 
                of the territories identified in subparagraph (A), 
                shall develop a reliable unemployment measure for such 
                territories.
            ``(3) Authority to make necessary adjustments to data and 
        collect needed data.--In determining the amounts payable by a 
        State for a month for cash assistance payments to eligible 
        households under section 1303, the Secretary may make 
        appropriate adjustments to the data collected from a State, on 
        a State-by-State basis, to ensure that the data are comparable 
        across States. 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.
    ``(c) Research and Evaluation.--
            ``(1) In general.--Not later than 2 years after the 
        Secretary makes the first payment under this title, and 
        periodically thereafter, the Secretary shall submit to Congress 
        a report that--
                    ``(A) explores the use of economic and emergency, 
                disaster, or crisis indicators other than the 
                unemployment rates described in section 1303(g)(2) as 
                triggers for making States eligible for payments under 
                this title, including how different indicators would 
                affect the distribution of funds by State, by 
                demographic group, by economic status, the total 
                spending levels under this title, and how using 
                different indicators would affect the outcomes of 
                households eligible to receive cash assistance payments 
                under section 1303;
                    ``(B) evaluates the impact of payments to States 
                under this title on economic, health, housing, 
                education, labor, and any other outcomes of recipients 
                of cash assistance payments under section 1303 as the 
                Secretary deems relevant; and
                    ``(C) evaluates the impact of technical assistance 
                provided by the Secretary and payments to States to 
                cover administrative costs on the States' ability to 
                deliver cash assistance in accordance with this title.
            ``(2) Inclusion in evaluation plan.--The findings of any 
        evaluation conducted by the Secretary under this section shall 
        be included in the next evaluation plan for the Department of 
        Health and Human Services issued by the Secretary pursuant to 
        section 312(b) of title 5, United States Code.

``SEC. 1308. DEFINITIONS.

    ``In this title:
            ``(1) Eligible household.--The term `eligible household' 
        means a household with an income that is less than 300 percent 
        of the Federal poverty line (as defined in section 673(2) of 
        the Omnibus Budget Reconciliation Act of 1981, including any 
        revision required by such section, applicable to a family of 
        the size involved).
            ``(2) Household.--
                    ``(A) In general.--The term `household' means any 
                of the following:
                            ``(i) An individual who lives alone or who, 
                        while living with others, customarily does not 
                        pool income, assistance, assets, or other 
                        resources for day-to-day costs of living, 
                        provided that such individual is not a 
                        nonresident alien.
                            ``(ii) Any group of individuals (including 
                        family members) who live together and 
                        customarily pool income, assistance, assets, or 
                        other resources for day-to-day costs of living, 
                        provided that at least 1 of such individuals is 
                        not a nonresident alien.
                    ``(B) Family member.--
                            ``(i) In general.--For purposes of 
                        subparagraph (A), the term `family member' 
                        means, with respect to an individual, any of 
                        the following:
                                    ``(I) A spouse or domestic partner 
                                of the individual, or a child, 
                                grandchild, parent, or grandparent of a 
                                spouse or domestic partner of the 
                                individual.
                                    ``(II) A parent or grandparent of 
                                the individual, or a spouse or domestic 
                                partner of a parent or grandparent of 
                                the individual.
                                    ``(III) A child or grandchild of 
                                the individual or a spouse or domestic 
                                partner of a child or grandchild of the 
                                individual.
                                    ``(IV) A sibling of the individual.
                                    ``(V) Any individual related to the 
                                individual involved by blood or 
                                affinity whose close association with 
                                the individual involved is the 
                                equivalent of a family relationship.
                            ``(ii) Parent.--For purposes of clause (i), 
                        the term `parent' means, with respect to an 
                        individual any of the following:
                                    ``(I) A biological, adoptive, step, 
                                foster parent or former foster parent 
                                of the individual.
                                    ``(II) The legal guardian or former 
                                legal guardian of the family member.
                                    ``(III) An individual who stands, 
                                or formerly stood, in loco parentis to 
                                the individual involved.
                            ``(iii) Child.--For purposes of clause (i), 
                        the term `child' means, with respect to an 
                        individual, any of the following:
                                    ``(I) A biological, adopted, step, 
                                foster, or former foster child of the 
                                individual.
                                    ``(II) The legal ward, or former 
                                legal ward, of the individual.
                                    ``(III) An individual with respect 
                                to whom the individual involved stands 
                                in loco parentis, or formerly stood in 
                                loco parentis.
                    ``(C) Rule of application.--For purposes of this 
                title, the following persons shall not be considered to 
                be residents of institutions and shall be considered to 
                be individual households:
                            ``(i) Residents of federally subsidized 
                        housing for the elderly, disabled or blind 
                        recipients of benefits under title I, II, X, 
                        XIV, or XVI.
                            ``(ii) Individuals described in paragraphs 
                        (2) through (7) of section 5(j) of the Food and 
                        Nutrition Act of 2008, who are residents in a 
                        public or private nonprofit group living 
                        arrangement that serves no more than 16 
                        residents and is certified by the appropriate 
                        State agency or agencies under regulations 
                        issued under section 1616(e) or under standards 
                        determined by the Secretary to be comparable to 
                        standards implemented by appropriate State 
                        agencies under that section.
                            ``(iii) Temporary residents of public or 
                        private nonprofit shelters for individuals 
                        experiencing intimate partner violence or child 
                        abuse.
                            ``(iv) Individuals who do not reside in 
                        permanent dwellings or have no fixed mailing 
                        addresses who are otherwise eligible for 
                        benefits (including individuals who are 
                        residents or former residents of public or 
                        private nonprofit shelters for individuals 
                        experiencing homelessness).
                            ``(v) Narcotics addicts or alcoholics, 
                        together with their children, who live under 
                        the supervision of a private nonprofit 
                        institution, or a publicly operated community 
                        mental health center, for the purpose of 
                        regular participation in a drug or alcoholic 
                        treatment program.
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of Health and Human Services.
            ``(4) State.--The term `State' means each of the 50 States, 
        the District of Columbia, Puerto Rico, Guam, the Virgin 
        Islands, the Northern Mariana Islands, and American Samoa.''.
    (b) Exemption of the Family Crisis Cash Assistance Program From 
Sequestration.--
            (1) In general.--Section 255(h) of the Balanced Budget and 
        Emergency Deficit Control Act of 1985 (2 U.S.C. 905(h)) is 
        amended by inserting after ``Contingency Fund (75-1522-0-1-
        609).'' the following:
            ``Family Crisis Cash Assistance Program under title XIII of 
        the Social Security Act.''.
            (2) Applicability.--The amendment made by this subsection 
        shall apply to any sequestration order issued under the 
        Balanced Budget and Emergency Deficit Control Act of 1985 (2 
        U.S.C. 900 et seq.) on or after the date of enactment of this 
        Act.

SEC. 3. DISREGARD OF FAMILY CRISIS CASH ASSISTANCE FOR PURPOSES OF 
              OTHER FEDERAL PROGRAMS.

    The amount of any cash assistance payment made to a household under 
a State program funded by a payment under title XIII of the Social 
Security Act, as added by section 2(a), shall not be taken into account 
as income or resources for purposes of determining the eligibility of 
such household or any member of such household for benefits or 
assistance, or the amount or extent of such benefits or assistance, 
under any Federal program or under any State or local program financed 
in whole or in part with Federal funds.
                                 <all>