[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3672 Introduced in Senate (IS)]
<DOC>
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.''.
<all>
Pandemic TANF Assistance Act
#3672 | S Congress #116
Policy Area: Social Welfare
Subjects: American SamoaAppropriationsCardiovascular and respiratory healthDisaster relief and insuranceEmergency medical services and trauma careEmployment and training programsFamily servicesFederal-Indian relationsGovernment information and archivesGuamIndian social and development programsInfectious and parasitic diseasesIntergovernmental relationsNorthern Mariana IslandsPoverty and welfare assistanceState and local financeState and local government operationsU.S. territories and protectoratesVirgin Islands
Last Action: Read twice and referred to the Committee on Finance. (5/11/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text