II

103D CONGRESS

1ST SESSION S. 1452

To provide relief to areas affected by the flooding in the Midwest by temporarily exempting affected States from certain requirements under the

Social Security Act and the Robert T. Stafford Disaster Relief and

Emergency Assistance Act, and by temporarily increasing the Federal

share of payments for certain programs under such Acts, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 14 (legislative day, SEPTEMBER 7), 1993

Mr. GRASSLEY introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

To provide relief to areas affected by the flooding in the

Midwest by temporarily exempting affected States from

certain requirements under the Social Security Act and

the Robert T. Stafford Disaster Relief and Emergency

Assistance Act, and by temporarily increasing the Federal share of payments for certain programs under such

Acts, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Flood-Affected States

5 Assistance Act of 1993’’.
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•S 1452 IS

1 SEC. 2. DEFINITIONS.

2 For purposes of this Act:

3 (1) DESIGNATED.—The term ‘‘designated’’

4 means—

5 (A) with respect to a State or a political

6 subdivision of a State, that the President de7 clared, between April 1, 1993, and August 1,

8 1993, that a major disaster or emergency exists

9 under the Robert T. Stafford Disaster Relief

10 and Emergency Assistance Act (42 U.S.C. 5121

11 et seq.) in the State or political subdivision as

12 a result of the widespread flooding in the Mid13 west in 1993; and

14 (B) with respect to an individual or a fam15 ily, that the individual or family resides in a

16 designated State or a designated political sub17 division of a State described in subparagraph

18 (A).

19 (2) SECRETARY.—The term ‘‘Secretary’’ means

20 the Secretary of Health and Human Services.

21 (3) STATE AGENCY.—The term ‘‘State agency’’

22 means—

23 (A) with respect to part A of title IV of the

24 Social Security Act (42 U.S.C. 601 et seq.), the

25 State agency that administers or supervises the
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•S 1452 IS

1 administration of the State’s plan approved

2 under section 402 of such Act (42 U.S.C. 602);

3 (B) with respect to part F of title IV of

4 such Act (42 U.S.C. 681 et seq.), the State

5 agency that administers or supervises the ad6 ministration of the State’s plan approved under

7 section 402 of such Act (42 U.S.C. 602); and

8 (C) with respect to title XIX of such Act

9 (42 U.S.C. 1396 et seq.), the State agency that

10 administers or supervises the administration of

11 the State’s plan approved under section 1902 of

12 such Act (42 U.S.C. 1396a).

13 SEC. 3. ENHANCED FEDERAL MEDICAL ASSISTANCE PER14 CENTAGE FOR SERVICES FURNISHED TO

15 CERTAIN INDIVIDUALS.

16 Notwithstanding section 1905(b) of the Social Secu17 rity Act (42 U.S.C. 1396d(b)) or any other provision of

18 law, with respect to amounts expended by a State as medi19 cal assistance under title XIX of such Act (42 U.S.C.

20 1396 et seq.) for services furnished during the 2-year pe21 riod beginning July 1, 1993, to any designated individual,

22 the Federal medical assistance percentage for such State

23 shall be 83 percent.
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•S 1452 IS

1 SEC. 4. DISREGARD OF CERTAIN DONATED ITEMS AND

2 TEMPORARY FINANCIAL ASSISTANCE WHEN

3 DETERMINING ELIGIBILITY FOR BENEFITS

4 UNDER THE AFDC AND MEDICAID PRO5 GRAMS.

6 Notwithstanding any other provision of law, an

7 amount equal to the amount of, or value of, a donation

8 or temporary financial assistance (including cash and in9 kind services) provided by the Federal Government, a

10 State, a political subdivision of a State, or a private person

11 to a designated individual or designated family as disaster

12 assistance (including assistance provided pursuant to the

13 Robert T. Stafford Disaster Relief and Emergency Assist14 ance Act (42 U.S.C. 5121 et seq.)) as a result of the wide15 spread flooding in the Midwest in 1993 shall be excluded

16 from a determination of income or resources made by a

17 State agency pursuant to a State plan under part A of

18 title IV of the Social Security Act (42 U.S.C. 601 et seq.)

19 or under title XIX of such Act (42 U.S.C. 1396 et seq.).

20 SEC. 5. INDIVIDUAL AND FAMILY GRANT PROGRAM.

21 (a) FEDERAL PAYMENT.—Notwithstanding sub22 section (b) of section 411 of the Robert T. Stafford Disas23 ter Relief and Emergency Assistance Act (42 U.S.C.

24 5178), for the 2-year period beginning April 1, 1993, the

25 Federal share of any grant made under such section to
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•S 1452 IS

1 a designated individual or a designated family shall be

2 equal to 100 percent of the actual cost incurred.

3 (b) ADMINISTRATIVE COST LIMIT WAIVED.—For the

4 2-year period beginning on April 1, 1993, the 5 percent

5 limitation applicable to administrative expenses under sub6 section (d) of section 411 of the Robert T. Stafford Disas7 ter Relief and Emergency Assistance Act (42 U.S.C.

8 5178) shall not apply in the case of any grant made to

9 a designated individual or a designated family.

10 SEC. 6. EXTENSION OF SUBMISSION DEADLINE FOR CER11 TAIN AFDC AND JOBS PROGRAM REPORTS.

12 Notwithstanding any other provision of law, with re13 spect to any designated State, each report relating to the

14 State plan that the State agency is required to file with

15 the Secretary under parts A and F of title IV of the Social

16 Security Act (42 U.S.C. 601 et seq. and 681 et seq.) not

17 later than September 30, 1993, shall not be required to

18 be filed until December 31, 1993.

19 SEC. 7. TEMPORARY SUSPENSION OF CERTAIN STATE

20 QUALITY CONTROL FUNCTIONS.

21 Notwithstanding any other provision of law, during

22 the period beginning on September 1, 1993, and ending

23 on February 28, 1994, for each designated State—

24 (1) the State agency of the State shall not be

25 required to carry out quality control requirements
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1 under section 408 of the Social Security Act (42

2 U.S.C. 608) and section 1903(u) of such Act (42

3 U.S.C. 1396b(u));

4 (2) the error rate for the State determined

5 under subsection (d) of section 408 of such Act (42

6 U.S.C. 608) shall be deemed to be zero; and

7 (3) the ratio of the State’s erroneous excess

8 payments for medical assistance to the State’s total

9 expenditures for medical assistance under the State

10 plan approved under title XIX of such Act (42

11 U.S.C. 1396 et seq.) determined under subsection

12 (u) of section 1903 of such Act (42 U.S.C. 1396b)

13 shall be deemed to be zero.

14 SEC. 8. COMPLIANCE WITH REQUIREMENTS RELATING TO

15 CHILD SUPPORT DATA PROCESSING AND IN16 FORMATION RETRIEVAL SYSTEMS.

17 Notwithstanding section 454(16) of the Social Secu18 rity Act (42 U.S.C. 654(16)) or any other provision of

19 law, a designated State shall be deemed to be in compli20 ance with any requirements under part D of title IV of

21 such Act (42 U.S.C. 651 et seq.) relating to the State’s

22 statewide automated data processing and information re23 trieval system for purposes of payments under section

24 455(a)(1)(B) of such Act (42 U.S.C. 655(a)(1)(B)) until

25 December 1, 1993.
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1 SEC. 9. ENHANCED FEDERAL MATCH FOR CERTAIN NEW

2 ELIGIBLES.

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of law, for the 2-year period beginning on July 1,

5 1993, the Federal share of the expenses incurred by any

6 designated State under a program described in subsection

7 (b) shall be 100 percent of such expenses attributable to

8 any unanticipated newly eligible individuals (as defined in

9 subsection (c)).

10 (b) PROGRAMS DESCRIBED.—For purposes of sub11 section (a), a program described in this subsection is a

12 State program operated in accordance with a State plan

13 approved under part A, D, or E of title IV of the Social

14 Security Act (42 U.S.C. 601 et seq., 651 et seq., or 670

15 et seq.), or title XIX of such Act (42 U.S.C. 1396 et seq.).

16 (c) DEFINITION.—For purposes of subsection (a), the

17 term ‘‘unanticipated newly eligible individuals’’ means in18 dividuals who became eligible for a program described in

19 subsection (b) on or after July 1, 1993, and who are in

20 excess of the number of individuals anticipated by the Sec21 retary to become eligible for such program during the pe22 riod referred to in subsection (a) based on the rate of in23 crease in eligible individuals for such program before the

24 widespread flooding in the Midwest in 1993.
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1 SEC. 10. ENHANCED FEDERAL MATCH FOR TRANSITIONAL

2 HOUSING SPECIAL NEEDS UNDER THE AFDC

3 PROGRAM.

4 Notwithstanding section 403(a) of the Social Security

5 Act (42 U.S.C. 603(a)) or any other provision of law, dur6 ing the 2-year period beginning on July 1, 1993, the Fed7 eral share of the expenses incurred by any designated

8 State providing transitional housing special needs under

9 part A of title IV of the Social Security Act (42 U.S.C.

10 601 et seq.) to any designated individual or designated

11 family shall be 100 percent.

12 SEC. 11. ENHANCED FEDERAL MATCH FOR JOBS PROGRAM.

13 Notwithstanding section 403(l) of the Social Security

14 Act (42 U.S.C. 603(l)) or any other provision of law, dur15 ing the 2-year period beginning on July 1, 1993, the Fed16 eral share of the expenses incurred by a State with respect

17 to a designated individual who participates in the jobs pro18 gram under part F of the title IV of the Social Security

19 Act (42 U.S.C. 681 et seq.) shall be 100 percent.

20 SEC. 12. ENHANCED FEDERAL MATCH FOR EMERGENCY AS21 SISTANCE FURNISHED TO FAMILIES WITH

22 CHILDREN.

23 Notwithstanding section 403(a)(5) of the Social Se24 curity Act (42 U.S.C. 603(a)(5)) or any other provision

25 of law, during the 2-year period beginning on July 1,

26 1993, the Federal share of the expenses incurred by a
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1 State with respect to a designated individual or a des2 ignated family receiving emergency assistance to families

3 with children (without regard to the 30-day limitation for

4 receipt of such aid in any 12-month period under section

5 406(e)(1) of such Act (42 U.S.C. 606(e)(1))) shall be 100

6 percent.

7 SEC. 13. ENHANCED FEDERAL MATCH FOR CERTAIN OP8 TIONAL MEDICAL SERVICES.

9 Notwithstanding section 1905(b) of the Social Secu10 rity Act (42 U.S.C. 1396d(b)) or any other provision of

11 law, with respect to services covered under the State plan

12 of any designated State under title XIX of such Act (42

13 U.S.C. 1396 et seq.) at the option of such State which

14 are furnished to a designated individual and paid for by

15 a county of such State in accordance with State law, the

16 Federal medical assistance percentage during the 2-year

17 period beginning July 1, 1993, shall be 100 percent.

18 SEC. 14. PERMANENT ENHANCED FEDERAL MATCH UNDER

19 THE INDIVIDUAL AND FAMILY GRANT PRO20 GRAMS FOR STATES FREQUENTLY DE21 CLARED TO BE DISASTER AREAS.

22 Section 411(b) of the Robert T. Stafford Disaster Re23 lief and Emergency Assistance Act (42 U.S.C. 5178(b))

24 is amended—
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1 (1) in paragraph (1), by striking ‘‘The Federal

2 share’’ and inserting ‘‘Except as provided in para3 graph (3), the Federal share’’;

4 (2) in paragraph (2), by striking ‘‘The Federal

5 share’’ and inserting ‘‘Except as provided in para6 graph (3), the Federal share’’; and

7 (3) by adding at the end the following new

8 paragraph:

9 ‘‘(3) ENHANCED FEDERAL SHARE UNDER CER10 TAIN CIRCUMSTANCES.—If the President has de11 clared a major disaster to exist under this Act in

12 more than one-third of the counties in a State in 2

13 of the previous 5 calendar years, the Federal share

14 of a grant to an individual or a family under this

15 section shall be equal to 100 percent of the actual

16 cost incurred.’’.

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