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Code · BILL · 116th Congress · S. 3672 (Introduced in Senate) — To provide States and Indian Tribes with flexibility in administering the temporary assistance for needy families pro... · Sec. 3

Sec. 3. Coronavirus Emergency Assistance Grants for Low-Income Families

1,563 words·~7 min read·/bill/116/s/3672/is/section-3

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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: 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). 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— the amount appropriated in paragraph
(1)of subsection
(h)that remains after the application of paragraph
(2)of that subsection; and the quotient of— 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 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. 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. 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. 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. An emergency grant State receiving a grant under this section shall only use the grant funds for the following: To provide short-term cash, non-cash, or in-kind emergency disaster relief (as appropriate) to— help eligible families address and avoid emergencies with respect to basic needs; prevent or remedy household emergencies of eligible families, such as evictions, foreclosures, forfeitures, and terminations of utility services; and help eligible families address and avoid emergencies so that children may be cared for in their own homes or in the homes of relatives. 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). 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). An emergency grant State receiving a grant under this section shall not use the grant funds to— 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; displace or replace an employee participating in a strike, collective bargaining or union activities, or union organizing; or 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). 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. 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. 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— specifies the amount of funds requested by the State for a quarter; describes how the State will use the funds to assist eligible families during the quarter; and describes how funds provided will not supplant any existing expenditures or programs funded or administered by the State. The State shall make the letter of intent submitted by the State under this subsection available to the public. 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). 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. 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. 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). The Secretary shall implement this section as quickly as reasonably possible, pursuant to the issuance of appropriate guidance to States. 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. 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. 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. 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. In this section: The term eligible family means a family (including a family of one)— 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 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). 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. 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). 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. 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)). 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. .
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Sec. 3
Coronavirus Emergency Assistance Grants for Low-Income Families
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