,,ii #aafth ,,congress #b;d ,session ,s4 #cfgb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #aa1 #bjbj,mr4 ,wyden 7for himself1 ,mr4 ,brown1 ,mr4 ,schatz1 and ,mr4 ,casey7 introduced the following bill2 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 7,,covid-#ai71 to make emergency grants to ,states and ,indian ,tribes to provide financial support for low-income individuals affected by that public health emergency1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,pandemic ,,tanf ,assistance ,act4 #b4 ,emergency flexibility for ,state and ,tribal ,,tanf programs 7a7 ,suspension of requirements and penalties relating to the time limit for assistance1 work1 and certain other requirements 7#a7 ,in general ,during the applicable period-- 7,a7 sections #djg7;a71 #djg7;e77#a71 and #djh7;a77#g77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fjg7;a71 #fjg7;e77#a71 #fjh7;a77#g77;,a77 shall have no force or effect2 7,b7 no penalty shall be imposed against an individual or the individual's family with respect to section #djg7;e77#a7 or #djh7;b77#c7 of such ,act 7#db ,u4,s4,c4 #fjg7;e77#a71 #fjh7;b77#c772 7,c7 a ,state shall not deny1 reduce1 or terminate assistance to a family because an individual does not comply with such section #djg7;e77#a7 or does not otherwise engage in work required by the ,state2 7,d7 a ,state shall not deny1 reduce1 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 #djh7;b77#a7 of such ,act 7#db ,u4,s4,c4 #fjh7;b77#a772 7,e7 a ,state may defer a required assessment of the employability of an individual under section #djh7;b7 of such ,act 7#db ,u4,s4,c4 #fjh7;b77 to #ij days following the end of the applicable period2 7,f7 no condition on assistance for an individual or the individual's family shall be imposed in connection with enforcing penalties described in section #dji7;a77#e7 of such ,act 7#db ,u4,s4,c4 #fji7;a77#e772 7,g7 no penalty shall be imposed against an individual or the individual's family with respect to section #djh7;a77#b7 of such ,act 7#db ,u4,s4,c4 #fjh7;a77#b772 and 7,h7 paragraphs 7#c71 7#e71 7#i71 7#ad71 and 7#ae7 of section #dji7;a7 of such ,act 7#db ,u4,s4,c4 #fji7;a77 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 period4 7#b7 ,tribal programs ,during the applicable period-- 7,a7 the minimum work participation requirements and time limits established under section #dab7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fab7;c77 shall have no force or effect2 7,b7 no penalty shall be imposed against an individual or the individual's family with respect to a violation of such requirements or limits2 7,c7 no condition on assistance for an individual or the individual's family shall be imposed in connection with enforcing penalties described in section #dji7;a77#e7 of such ,act 7#db ,u4,s4,c4 #fji7;a77#e772 and 7,d7 the penalties established under such section #dab7;c7 shall not apply with respect to conduct engaged in during or with respect to the applicable period4 7b7 ,application ,to program enforcement provisions 7#a7 ,waiver of certain penalties ,the ,secretary shall not impose a penalty against a ,state or ,indian tribe under paragraph 7#c71 7#e71 7#i71 7#ad71 or 7#ae7 of section #dji7;a7 of such ,act 7#db ,u4,s4,c4 #fji7;a77 with respect to any violation of a requirement described in such a paragraph that occurs during or with respect to the applicable period4 7#b7 ,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 7#a7 would be imposed1 the ,secretary shall-- 7,a7 disregard the months occurring during the applicable period 7and any portion of such months7 for purposes of determining whether the ,state or ,indian tribe has not1 in a timely manner1 corrected or discontinued1 as appropriate1 the violation pursuant to the corrective compliance plan accepted by the ,secretary2 and 7,b7 consult with the ,state or ,indian tribe on modifications to the corrective compliance plan for how the ,state will correct or discontinue1 as appropriate1 the violation and how the ,state will ensure compliance with the requirements of part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq47 after the applicable period ends4 7c7 ,penalty for noncompliance 7#a7 ,in general ,subject to the succeeding provisions of this subsection1 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 #cj1 #bjbj1 a ,state or an ,indian tribe has imposed a penalty waived under subsection 7a71 including denying1 reducing1 terminating1 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 7as defined in section #dji7;a77#g77;,b77i7 of such ,act 7#db ,u4,s4,c4 #fji7;a77#g77;,b77i7771 the ,secretary shall reduce the grant payable to the ,state under section #djc7;a77#a7 of such ,act 7#db ,u4,s4,c4 #fjc7;a77#a77 or the grant payable to the tribe under section #dab7;a77#a7 of such ,act 7#db ,u4,s4,c4 #fab7;a77#a77 for fiscal year #bjba by an amount equal to #e percent of the ,state or tribal family assistance grant 7as applicable74 7#b7 ,penalty based on severity of failure ,the ,secretary shall impose reductions under paragraph 7#a7 with respect to fiscal year #bjba based on the degree of noncompliance4 7#c7 ,application of aggregate penalty limit ,for purposes of section #dji7;d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fji7;d771 paragraph 7#a7 of this subsection shall be considered to be included in section #dji7;a7 of such ,act4 7d7 ,definitions ,in this section3 7#a7 ,applicable period ,the term applicable period means the period that begins on ,october #a1 #bjai1 and ends on ,november #cj1 #bjbj4 7#b7 ,other terms ,each other term has the meaning given the term for purposes of part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq474 #c4 ,coronavirus ,emergency ,assistance ,grants for ,low-,income ,families ,title ,,vi of the ,social ,security ,act 7#db ,u4,s4,c4 #hja et seq471 as added by section #ejja7;a7 of division ,a of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf71 is amended by adding at the end the following3 #fjb4 ,coronavirus ,emergency ,assistance ,grants for ,low-,income ,families 7a7 ,in general ,subject to the succeeding provisions of this section1 each emergency grant ,state shall be entitled to receive from the ,secretary a grant pursuant to this section for the period beginning on ,april #a1 #bjbj1 and ending on ,september #cj1 #bjba1 in the amount determined for the ,state under subsection 7b74 7b7 ,amount of grants 7#a7 ,in general ,subject to paragraphs 7#b71 7#c71 and 7#d71 the amount of the grant for an emergency grant ,state for the period described in subsection 7a7 shall be the amount equal to the product of-- 7,a7 the amount appropriated in paragraph 7#a7 of subsection 7h7 that remains after the application of paragraph 7#b7 of that subsection2 and 7,b7 the quotient of-- 7i7 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 ,census2 and 7ii7 the number of individuals in families with income below the poverty line in all ,states 7other than ,states specified in subsection 7h77#b77;,a77 in such year4 7#b7 ,other ,states ,the amount of the grant for an emergency grant ,state specified in subsection 7h77#b77;,a7 shall be based on such poverty data as the ,secretary determines appropriate4 7#c7 ,redistribution of unused funds ,the ,secretary shall redistribute1 under a procedure and methodology the ,secretary determines appropriate1 funds available for payments to emergency grant ,states under this section for which1 as of ,july #cj1 #bjba1 ,states have not applied to be paid to other emergency grant ,states that apply for payment from such funds4 7#d7 ,inclusion of families of #a ,for purposes of paragraphs 7#a71 7#b71 and 7#c71 in determining the number of individuals in families with income below the poverty line in a ,state1 the ,secretary shall take household composition into account and shall treat a single individual as a family of #a1 without regard to whether the household of the individual is composed of more than #a family4 7c7 ,use of funds 7#a7 ,in general ,an emergency grant ,state receiving a grant under this section shall only use the grant funds for the following3 7,a7 ,to provide short-term cash1 non-cash1 or in-kind emergency disaster relief 7as appropriate7 to-- 7i7 help eligible families address and avoid emergencies with respect to basic needs2 7ii7 prevent or remedy household emergencies of eligible families1 such as evictions1 foreclosures1 forfeitures1 and terminations of utility services2 and 7iii7 help eligible families address and avoid emergencies so that children may be cared for in their own homes or in the homes of relatives4 7,b7 ,to ensure the safety and well-being of all individuals during the period of a ,federal or ,state emergency declaration concerning ,coronavirus ,disease #bjai 7,,covid-#ai71 by providing subsidized jobs for individuals who are members of eligible families that can be performed remotely or are deemed essential 7with individuals provided proper personal protective equipment and complying with ,federal and ,state social distancing guidelines74 7,c7 ,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 #bjai 7,,covid-#ai7 ends 7when safe to do so1 taking into account the need to prevent the spread or reoccurrence of coronavirus74 7#b7 ,nondisplacement ,an emergency grant ,state receiving a grant under this section shall not use the grant funds to-- 7,a7 displace or replace an employee1 position1 or volunteer1 or to partially displace or replace an employee1 position or volunteer1 such as through a reduction in hours1 wages1 or employment benefits2 7,b7 displace or replace an employee participating in a strike1 collective bargaining or union activities1 or union organizing2 or 7,c7 displace or replace an employee who was furloughed or unable to work due to the public health emergency with respect to the ,coronavirus ,disease #bjai 7,,covid-#ai7 7including due to illness1 measures taken to avoid infection1 or needing to provide care for another individual74 7#c7 ,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 race1 sex1 religious creed1 national origin1 or political affiliation4 7#d7 ,protecting other benefits ,for purposes of any ,federal1 ,state1 or local law1 including those for purposes of public assistance programs and taxation1 any benefit provided under paragraph 7#a77;,a7 for an eligible family shall be treated as short-term1 non-cash1 in-kind emergency disaster relief without regard to the form in which the benefit is provided and shall be disregarded from income4 7d7 ,state letter of intent 7#a7 ,in general ,in order to receive a payment for a fiscal year quarter from the grant determined for an emergency grant ,state under this section1 a ,state shall submit a letter of intent to the ,secretary1 not later than #cj days before the first day of each such quarter 7or1 in the case of a quarter that has started or will start within #cj days of the date of enactment of this section1 a ,state shall submit a letter of intent to the ,secretary not later than #ae days after such date of enactment in order to receive an emergency grant for that quarter7 that-- 7,a7 specifies the amount of funds requested by the ,state for a quarter2 7,b7 describes how the ,state will use the funds to assist eligible families during the quarter2 and 7,c7 describes how funds provided will not supplant any existing expenditures or programs funded or administered by the ,state4 7#b7 ,public availability ,the ,state shall make the letter of intent submitted by the ,state under this subsection available to the public4 7#c7 ,no delay of payments2 hold harmless 7,a7 ,in general ,the ,secretary shall make payments by the applicable deadline under subsection 7f77#b7 to each ,state that submits a letter of intent for a quarter by the applicable deadline under paragraph 7#a71 without regard to whether the ,secretary has issued the guidance required under subsection 7f77#a74 7,b7 ,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 7f77#a7 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 section1 shall not be penalized under subsection 7f77#c7 or in any other manner if1 after such guidance is issued1 the ,secretary determines the ,state did not use the funds consistent with such guidance4 7e7 ,reports 7#a7 ,state reports ,not later than ,january #a1 #bjbb1 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 manner1 and containing such information1 as the ,secretary shall require4 7#b7 ,report to congress ,not later than ,september #cj1 #bjbb1 the ,secretary shall submit a report to ,congress on the grants made under this section based on the reports submitted under paragraph 7#a74 7f7 ,miscellaneous 7#a7 ,expedited implementation ,the ,secretary shall implement this section as quickly as reasonably possible1 pursuant to the issuance of appropriate guidance to ,states4 7#b7 ,timely distribution of grants 7,a7 ,initial payments ,not later than #cj days after the date of enactment of this section1 the ,secretary shall pay each ,state that is an emergency grant ,state as of such date1 the grant payable to such ,state for the #crd quarter of fiscal year #bjbj4 7,b7 ,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 #dth quarter of fiscal year #bjbj and each quarter of fiscal year #bjba4 7#c7 ,misuse of funds 7,a7 ,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 section1 the ,state shall remit to the ,secretary an amount equal to the amount so used4 7,b7 ,application of appeal procedures ,section #daj shall apply to a determination by the ,secretary under subparagraph 7,a7 in the same manner as such section applies to an imposition of a penalty under section #dji4 7g7 ,definitions ,in this section3 7#a7 ,eligible families ,the term eligible family means a family 7including a family of one7-- 7,a7 whose monthly income1 as of the date on which the family applies for emergency disaster relief or subsidized employment1 does not exceed #bjj percent of the poverty line applicable to a family of the size involved 7as determined under section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b7772 and 7,b7 that has been adversely affected by the public health emergency with respect to the ,coronavirus ,disease #bjai 7,,covid-#ai7 7including due to illness1 economic disruption1 measures taken to avoid infection1 or needing to provide care for another individual74 7#b7 ,emergency grant ,state ,the term emergency grant ,state means a ,state that submits a letter of intent containing the information specified in subsection 7d77#a7 to the ,secretary with respect to a fiscal year quarter by the submission deadline for such quarter4 7#c7 ,state ,the term ,state has the meaning given that term in section #dai7e7 and includes the ,commonwealth of the ,northern ,mariana ,islands and ,indian tribes as defined in section #dai7d74 7h7 ,appropriation 7#a7 ,in general ,out of any money in the ,treasury of the ,united ,states not otherwise appropriated1 there are appropriated for the period beginning on ,april #a1 #bjbj1 and ending on ,september #cj1 #bjba1 #aj1jjj1jjj1jjj for grants under this section4 7#b7 ,reservation of funds 7,a7 ,certain territories ,the ,secretary shall reserve #c4e percent of the amount appropriated under paragraph 7#a7 for grants to ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 the ,commonwealth of the ,northern ,mariana ,islands1 and ,indian tribes 7as defined in section #dai7d774 7,b7 ,technical assistance ,the ,secretary shall reserve #ejj1jjj of the amount appropriated under paragraph 7#a7 to provide technical assistance to ,states and ,indian tribes with respect to the emergency grants made under this section4 4