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[109th Congress Public Law 68]
[From the U.S. Government Printing Office]

[DOCID: f:publ068.109]

[[Page 119 STAT. 2003]]

Public Law 109-68
109th Congress

                                 An Act

 
To provide assistance to families affected by Hurricane Katrina, through 
the program of block grants to States for temporary assistance for needy 
           families. <<NOTE: Sept. 21, 2005 -  [H.R. 3672]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: TANF Emergency Response and 
Recovery Act of 2005.>> assembled,

SECTION 1. <<NOTE: 42 USC 1305 note.>> SHORT TITLE.

    This Act may be cited as the ``TANF Emergency Response and Recovery 
Act of 2005''.

SEC. 2. ADVANCE PAYMENT OF TANF BLOCK GRANTS FOR THE FIRST QUARTER OF 
            FISCAL YEAR 2006.

    (a) In General.--Notwithstanding section 405 of the Social Security 
Act, the Secretary of Health and Human Services shall pay each grant 
payable under section 403 of such Act for the first quarter of fiscal 
year 2006, as soon as practicable after the date of the enactment of 
this Act.
    (b) Extension of the Temporary Assistance for Needy Families Block 
Grant Program Through December 31, 2005.--
            (1) In general.--Activities authorized by part A of title IV 
        of the Social Security Act, and by section 1108(b) of such Act, 
        shall continue through December 31, 2005, in the manner 
        authorized for fiscal year 2005, and out of any money in the 
        Treasury of the United States not otherwise appropriated, there 
        are hereby appropriated such sums as may be necessary for such 
        purpose. Grants and payments may be made pursuant to this 
        authority through the first quarter of fiscal year 2006 at the 
        level provided for such activities through the first quarter of 
        fiscal year 2005.
            (2) Conforming amendments.--
                    (A) Supplemental grants for population increases in 
                certain states.--Section 403(a)(3)(H)(ii) of the Social 
                Security Act (42 U.S.C. 603(a)(3)(H)(ii)) is amended by 
                striking ``September 30'' and inserting ``December 31''.
                    (B) Contingency fund.--Section 403(b)(3)(C)(ii) of 
                such Act (42 U.S.C. 603(b)(3)(C)(ii)) is amended by 
                striking ``2005'' and inserting ``2006''.
                    (C) Maintenance of effort.--Section 409(a)(7) of 
                such Act (42 U.S.C. 609(a)(7)) is amended--
                          (i) in subparagraph (A), by striking ``or 
                      2006'' and inserting ``2006, or 2007''; and
                          (ii) in subparagraph (B)(ii), by striking 
                      ``2005'' and inserting ``2006''.

    (c) Extension of the National Random Sample Study of Child Welfare 
and Child Welfare Waiver Authority Through

[[Page 119 STAT. 2004]]

December 31, 2005.--Activities authorized by sections 429A and 1130(a) 
of the Social Security Act shall continue through December 31, 2005, in 
the manner authorized for fiscal year 2005, and out of any money in the 
Treasury of the United States not otherwise appropriated, there are 
hereby appropriated such sums as may be necessary for such purpose. 
Grants and payments may be made pursuant to this authority through the 
first quarter of fiscal year 2006 at the level provided for such 
activities through the first quarter of fiscal year 2005.

SEC. 3. REIMBURSEMENT OF STATES FOR TANF BENEFITS PROVIDED TO ASSIST 
            FAMILIES FROM OTHER STATES AFFECTED BY HURRICANE KATRINA.

    (a) Eligibility for <<NOTE: Effective date. Termination 
date.>> Payments From the Contingency Fund.--Beginning with the date of 
the enactment of this Act and ending with August 31, 2006, a State shall 
be considered a needy State for purposes of section 403(b) of the Social 
Security Act if--
            (1) cash benefits under the State program funded under part 
        A of title IV of the Social Security Act have been provided on a 
        short-term, nonrecurring basis, to a family which--
                    (A) has resided in another State that includes an 
                area for which a major disaster has been declared under 
                the Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5121 et seq.) as a result of 
                Hurricane Katrina; and
                    (B) has travelled (not necessarily directly) to the 
                State from such other State as a result of the 
                hurricane; and
            (2) the State has determined that the family is not 
        receiving cash benefits from any program funded under such part 
        of any other State.

    (b) Limitation on Funding.--Subject to section 403(b)(3)(C)(i) of 
the Social Security Act, the total amount paid under section 
403(b)(3)(A) of such Act to a State which is a needy State for purposes 
of section 403(b) of such Act by reason of subsection (a) of this 
section shall not exceed the total amount of cash benefits provided as 
described in subsection (a)(1) of this section, to the extent that the 
condition of subsection (a)(2) of this section has been met with respect 
to the families involved.
    (c) No State Match Required.--Sections 403(b)(6) and 409(a)(10) of 
the Social Security Act shall not apply with respect to a payment made 
to a State by reason of this section.

SEC. 4. AVAILABILITY OF ADDITIONAL TANF FUNDS FOR HURRICANE-DAMAGED 
            STATES.

    (a) Certain <<NOTE: Effective date. Termination date.>> States Made 
Eligible for Loans.--Beginning with the date of the enactment of this 
Act and ending with the end of fiscal year 2006:
            (1) The States of Louisiana, Mississippi, and Alabama shall 
        be considered loan-eligible States for purposes of section 406 
        of the Social Security Act.
            (2) Notwithstanding section 406(d) of the Social Security 
        Act, the cumulative dollar amount of all loans made to such a 
        State under such section by reason of this section shall not 
        exceed 20 percent of the State family assistance grant payable 
        to the State under section 403 of such Act for fiscal year 2006.

[[Page 119 STAT. 2005]]

    (b) Forgiveness of Loans.--Notwithstanding section 406 of the Social 
Security Act, a penalty may not be imposed against any of the States of 
Louisiana, Mississippi, or Alabama for failure to--
            (1) repay a loan made to the State under such section on or 
        after the date of the enactment of this Act and before October 
        1, 2007; or
            (2) make any interest payment on such a loan.

SEC. 5. AVAILABILITY OF UNSPENT TANF FUNDS TO PROVIDE BENEFITS AND 
            SERVICES TO SUPPORT NEEDY FAMILIES AFFECTED BY HURRICANE 
            KATRINA.

    A State or tribe may use a grant made to the State or tribe under 
part A of title IV of the Social Security Act for any fiscal year to 
provide, without fiscal year limitation, any benefit or service that may 
be provided under the State or tribal program funded under such part to 
support needy families affected by Hurricane Katrina.

SEC. 6. WORK REQUIREMENTS AND TIME LIMITS UNDER TANF PROGRAM NOT 
            TRIGGERED BY RECEIPT OF TEMPORARY TANF BENEFITS BY FAMILIES 
            AFFECTED BY HURRICANE KATRINA.

    Benefits provided on a short-term, nonrecurring basis under a State 
program funded under part A of title IV of the Social Security Act, 
during the period that begins with the date of the enactment of this Act 
and ends with the end of fiscal year 2006, to meet a subsistence need of 
a family resulting from Hurricane Katrina shall not be considered 
assistance for purposes of sections 407 and 408(a)(7) of the Social 
Security Act.

SEC. 7. WAIVER OF TANF PENALTIES IN HURRICANE-DAMAGED STATES.

    The Secretary of Health and Human Services shall not impose a 
penalty on any of the States of Louisiana, Mississippi, or Alabama under 
any of paragraphs (2) through (6), or (8) through (14) of section 409(a) 
of the Social Security Act with respect to a failure to comply with a 
provision of part A of title IV of such Act during the period that 
begins with the date of the enactment of this Act and ends with the end 
of fiscal year 2006, if the Secretary determines that the failure 
resulted from Hurricane Katrina or reasonable conduct of the State in 
addressing needs of victims of Hurricane Katrina.

[[Page 119 STAT. 2006]]

SEC. 8. EMERGENCY DESIGNATION.

    Each amount provided in this Act (other than in section 2) is 
designated as an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress).

    Approved September 21, 2005.

LEGISLATIVE HISTORY--H.R. 3672:
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CONGRESSIONAL RECORD, Vol. 151 (2005):
            Sept. 8, considered and passed House.
            Sept. 15, considered and passed Senate.

                                  <all>
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