[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>
Family Crisis Cash Assistance Act
#4770 | S Congress #116
Policy Area: Social Welfare
Subjects: Bank accounts, deposits, capitalBudget deficits and national debtCensus and government statisticsCongressional oversightConsumer creditDisability and health-based discriminationDisability and paralysisDisaster relief and insuranceEconomic performance and conditionsFamily servicesForeign language and bilingual programsGovernment information and archivesGovernment studies and investigationsHomelessness and emergency shelterIncome tax exclusionInflation and pricesIntergovernmental relationsNatural disastersPerformance measurement
Last Action: Read twice and referred to the Committee on Finance. (9/30/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text