Sec. 2. Emergency flexibility for State and Tribal TANF programs
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/bill/116/s/3672/is/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
During the applicable period— 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; 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)); 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; 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) ); 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; 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) ); 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 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. During the applicable period— 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; no penalty shall be imposed against an individual or the individual's family with respect to a violation of such requirements or limits; 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 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. 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. 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— 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 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. 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). The Secretary shall impose reductions under paragraph
(1)with respect to fiscal year 2021 based on the degree of noncompliance. 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. In this section: The term applicable period means the period that begins on October 1, 2019, and ends on November 30, 2020. 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.).
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Sec. 2
Emergency flexibility for State and Tribal TANF programs
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