Sec. 5. Funding of the TANF program

2,327 words·~11 min read·/bill/113/hr/814/ih/section-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 403(a)(1) ( 42 U.S.C. 603(a)(1) ) is amended— in subparagraph (A), by striking fiscal years 1996, and all that follows through 2003, and inserting fiscal year 2013 and each succeeding fiscal year ; and by striking subparagraphs

(B)and

(C)and inserting the following: The State family assistance grant payable to a State for a fiscal year shall be the greater of— the adjusted basic block grant, plus the amount required to be paid to the State under paragraph

(3)(as in effect on September 30, 2010) for fiscal year 2010; or the amount required to be paid to the State under this paragraph for the preceding fiscal year. In clause (i), the term adjusted block grant means, with respect to a State, the product of— the amount required to be paid to the State under this paragraph for fiscal year 2010 (determined without regard to any reduction pursuant to section 409 or 412(a)(1)); 1.00, plus the percentage (if any) by which the average of the CPI for the 12-month period ending with June of the preceding fiscal year exceeds the average of the CPI for the 12-month period ending with June 1996, expressed as a decimal; and 1.00, plus the percentage (if any) by which the most recent estimate by the Bureau of the Census of the population of the State that has not attained 18 years of age exceeds the most recent estimate by the Bureau of the Census of that population as of July 1, 1996, expressed as a decimal. In clause (ii), the term CPI means the last Consumer Price Index for All Urban Consumers published by the Department of Labor for the period involved. Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated such sums as are necessary for grants under this paragraph for each fiscal year. . Section 403(a) ( 42 U.S.C. 603(a) ) is amended by striking paragraph (3). Section 409(a)(7) ( 42 U.S.C. 609(a)(7) ) is amended— in subparagraph (A), by inserting the inflation-adjusted before historic State expenditures ; and in subparagraph (B), by redesignating clauses

(iii)through

(v)as clauses

(iv)through (vi), respectively, and inserting after clause

(ii)the following: The term inflation-adjusted historic State expenditures means, with respect to a fiscal year— historic State expenditures; multiplied by 1.00, plus (in the case of fiscal year 2014 or any succeeding fiscal year) the percentage (if any) by which the average of the CPI (as defined in section 403(a)(1)(B)(iii)) for the 12-month period ending with June of the preceding fiscal year exceeds the average of the CPI (as so defined) for the 12-month period ending with June 2012, expressed as a decimal. . Section 403(b) ( 42 U.S.C. 603(b) ) is amended by striking all that follows paragraph

(1)and inserting the following: The Secretary shall make a grant to each eligible State and each Indian tribe that is an economically needy entity for a calendar quarter, in an amount equal to 80 percent of the amount (if any) by which the total amount of relevant expenditures of the entity for the quarter exceeds the total amount of the relevant expenditures of the entity for the corresponding quarter in the base year of the entity, subject to paragraph (2). The total amount payable to an entity under this subsection for a fiscal year shall not exceed an amount equal to 25 percent of the amount payable to the entity— if the entity is a State, under section 403(a)(1) for the fiscal year; or if the entity is an Indian tribe, under section 412(a)(1) for the fiscal year. In paragraph (2): The term economically needy entity means an entity with respect to a calendar quarter— if the seasonally adjusted average unemployment rate with respect to entity for the quarter or any of the preceding 4 calendar quarters exceeds 6.5 percent; or in the case that the unemployment rate information described in clause

(i)is not available with respect to the entity, if the entity meets such qualifications as the Secretary, in consultation with the Secretary of Labor, shall, by regulation, prescribe. The term base year means, with respect to an entity, and a calendar quarter in a fiscal year— except as provided in clause (ii), whichever of the 2 fiscal years most recently preceding the 1st fiscal year of the most recent contingency fund eligibility period for the entity, is the fiscal year in which the relevant expenditures of the entity were the lesser; or if the 1st year of the period referred to in clause

(i)is fiscal year 2013, whichever of fiscal year 2007 or 2008 is the fiscal year in which the relevant expenditures of the entity were the lesser. The term contingency fund eligibility period means, with respect to an entity, a period of 1 or more consecutive calendar quarters for which the entity is an economically needy entity. The term relevant expenditures means expenditures— for assistance under the program funded under this part of the entity (including, in the case of a State, any qualified State expenditures (as defined in section 409(a)(7)(B)(i)) and any expenditures under any other State program funded by such expenditures); for child care; for subsidized employment under the program funded under this part of the entity (including, in the case of a State, such expenditures under any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i))), other than expenditures made using Federal funds or with respect to which the entity received a grant made under paragraph

(3)of this subsection; and for administrative costs associated with making the expenditures referred to in the preceding subclauses of this clause. For purposes of clause (i), expenditures for child care consist of the following: Amounts transferred under section 404(d)(1)(B). Expenditures for child care assistance from Federal funds provided under this part. In the case of an entity that is a State, expenditures for child care assistance that are qualified State expenditures (as defined in section 409(a)(7)(B)(i)), but only to the extent exceeding the total expenditures of the State (other than from Federal funds) for child care in fiscal year 1994 or 1995 (whichever is the greater). In determining the amount of the expenditures of a State for basic assistance, child care, and subsidized employment, during any period for which the State requests funds under this subsection, and during the base year of the State, the Secretary may make appropriate adjustments to the data, on a State-by-State basis, to ensure that the data are comparable with respect to the groups of families served and the types of aid provided. The Secretary may develop a mechanism for collecting expenditure data, including procedures which allow States to make reasonable estimates, and may set deadlines for making revisions to the data. Each State to which a grant is made under this subsection shall use the grant to serve areas of the State with the greatest need (as referred to in section 402(a)(1)(A)). Out of any funds in the Treasury of the United States not otherwise appropriated, there are appropriated for payment to the Fund— $2,500,000,000 for fiscal year 2013; and for each succeeding fiscal year, the amount appropriated under this paragraph for the then preceding fiscal year, increased by the percentage (if any) by which the amount appropriated under section 403(a)(1) for the fiscal year involved exceeds the amount appropriated under such section for the then preceding fiscal year. Amounts made available under this paragraph for a fiscal year shall remain available until expended. The Secretary shall monitor the amount in, and the rate at which amounts are paid from, the Fund, and if the Secretary determines that the Fund will be exhausted within 6 months, the Secretary shall— notify the Congress of the determination; and develop and communicate to each State and Indian tribe that is an economically needy entity as of the date of the determination, the procedure for allocating amounts in the Fund among such entities. . Section 409(a) ( 42 U.S.C. 609(a) ) is amended by striking paragraph

(10)and redesignating paragraphs

(11)through

(16)as paragraphs

(10)through (15), respectively. Section 409 ( 42 U.S.C. 609 ) is amended in each of subsections (b)(2) and (c)(4), by striking (10), (12), or

(13)and inserting (11), or

(12). Section 409(a)(3)(C) ( 42 U.S.C. 609(a)(3)(C) ) is amended by striking needy State (as defined in section 403(b)(6)) and inserting economically needy entity (as defined in section 403(b)(3)(A)) . Section 1108(a)(2) ( 42 U.S.C. 1308(a)(2) ) is amended by inserting 403(b), before 406, . Section 403(a) ( 42 U.S.C. 603(a) ), as amended by subsection (a)(2) of this section, is further amended by inserting after paragraph

(2)the following: The Secretary shall make a grant— to each eligible State that is 1 of the 50 States or the District of Columbia, for each fiscal year for which the State is an MOE State; and to each State that is not 1 of the 50 States or the District of Columbia, and to each Indian tribe, for each fiscal year for which the State or tribe, as the case may be, meets such terms and conditions as the Secretary shall, by regulation, establish, which shall be comparable to the terms and conditions under which grants are made under clause (i). In subparagraph (A), the term MOE State means a State if the qualified expenditures of the State (as defined in section 409(a)(7)(B)(i)) for the fiscal year exceeds the applicable percentage (as defined in clause

(ii)of such section) of inflation-adjusted historic State expenditures (as defined in clause

(iii)of such section) of the State with respect to the fiscal year. The grant to be made to a State under subparagraph (A)(i) for a fiscal year shall be in an amount equal to 50 percent of the excess expenditures of the State for subsidized employment during the fiscal year. The term excess expenditures of the State for subsidized employment means, with respect to a fiscal year, the lesser of— the excess described in subparagraph

(B)with respect to the State for the fiscal year; or an amount equal to the total expenditures of the State for subsidized employment funded under this part or under any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)), excluding those with respect to which a grant is made to the State under subsection

(b)of this section, during the fiscal year. The grant to be made to an Indian tribe under this paragraph shall be in such amount as the Secretary deems appropriate. Notwithstanding section 404, a State or Indian tribe to which a grant is made under this paragraph shall use the grant solely to finance subsidized employment activities, and to serve areas of the State with the greatest need (as referred to in section 402(a)(1)(A)). Out of any funds in the Treasury of the United States not otherwise appropriated, there are appropriated such sums as are necessary for grants under this paragraph for each fiscal year. . Section 1108(a)(2) ( 42 U.S.C. 1308(a)(2) ) is amended by inserting 403(a)(3), after 403(a)(2), . Section 411(a)(1)(A) (42 U.S.C. 611(a)(1)(A)) is amended, in the matter before clause (i), by inserting , and families that include an individual participating in subsidized employment funded with Federal funds or qualified State expenditures (as so defined) before the colon. Section 412(a)(1) ( 42 U.S.C. 612(a)(1) ) is amended— in subparagraph (A), by striking fiscal year 2012 and inserting each fiscal year ; and in subparagraph (B)— by redesignating clause

(ii)as clause (iii); and by striking clause

(i)and inserting the following: The amount determined under this subparagraph for a fiscal year is an amount equal to the sum of the adjusted historic expenditures for the fiscal year with respect to each State in which there lies a service area of the Indian tribe is located. In clause (i), the term adjusted historic expenditures means, with respect to a fiscal year, a State, and an Indian tribe, the total amount of the Federal payments to the State under section 403 (as then in effect) for fiscal year 1994 attributable to expenditures (other than child care expenditures) by the State under parts A and F (as so in effect) for fiscal year 1994 for Indian families residing in the service areas identified by the tribe pursuant to subsection (b)(1)(C) of this section that are in the State, increased by the percentage (if any) by which the amount of the grant payable under section 403(a)(1) for the fiscal year to the State exceeds the amount of the grant so payable to the State for fiscal year 2010. . Section 414 ( 42 U.S.C. 614 ) is amended— by striking subsection

(a)and inserting the following: The Director of the Bureau of the Census shall conduct a study to assess the effects of policies and programs related to low-income families, including policies and programs under State programs funded under this part or funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)), including changes and policies in such programs made pursuant to the Rewriting to Improve and Secure an Exit Out of Poverty Act. The Director shall design the study in consultation with the Secretary. Every 5 years, the Director shall, in consultation with the Secretary, revise the content and nature of the study to reflect emerging policy issues related to low-income families. ; and in subsection (b), by striking fiscal year 2012 and inserting each fiscal year . Section 413(h)(1) ( 42 U.S.C. 613(h)(1) ) is amended by striking fiscal year 2012 and inserting each fiscal year . Section 1108 ( 42 U.S.C. 1308 ) is amended— in subsection (a)(2), by inserting section 403(a)(1) (to the extent exceeding the amount required to be so paid to the territory for fiscal year 2011), before 403(a)(2) ; and in subsection (b)(2), by striking fiscal year 2012 and inserting each fiscal year .

Connectionstraces to 7

Traces to 7 documents

U.S. Code

Citation graph

cites case law

Sec. 5

Funding of the TANF program

Cites 7Cited by 0 across 0 sources