I 

112TH CONGRESS 

1ST SESSION H. R. 3226 

To restore the TANF Emergency Contingency Fund to further support our 

Nation’s jobless workers. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 14, 2011 

Ms. LEE of California introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To restore the TANF Emergency Contingency Fund to 

further support our Nation’s jobless workers. 

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

3 SECTION 1. RESTORATION OF TANF EMERGENCY CONTIN4 GENCY FUND. 

5 (a) IN GENERAL.—Section 403 of the Social Security 

6 Act (42 U.S.C. 603) is amended by adding at the end the 

7 following: 

8 ‘‘(c) EMERGENCY FUND.— 

9 ‘‘(1) ESTABLISHMENT.—There is established in 

10 the Treasury of the United States a fund which 


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1 shall be known as the ‘Emergency Contingency 

2 Fund for State Temporary Assistance for Needy 

3 Families Programs’ (in this subsection referred to as 

4 the ‘Emergency Fund’). 

5 ‘‘(2) DEPOSITS INTO FUND.— 

6 ‘‘(A) IN GENERAL.—Out of any money in 

7 the Treasury of the United States not otherwise 

8 appropriated, there are appropriated for fiscal 

9 year 2012, $10,000,000,000 for payment to the 

10 Emergency Fund. 

11 ‘‘(B) AVAILABILITY AND USE OF FUNDS.— 

12 The amounts appropriated to the Emergency 

13 Fund under subparagraph (A) shall remain 

14 available through fiscal year 2013 and shall be 

15 used to make grants to States in each of fiscal 

16 years 2012 and 2013 in accordance with the re17 quirements of paragraph (3). 

18 ‘‘(C) LIMITATION.—In no case may the 

19 Secretary make a grant from the Emergency 

20 Fund for a fiscal year after fiscal year 2013. 

21 ‘‘(3) GRANTS.— 

22 ‘‘(A) GRANT RELATED TO CASELOAD IN23 CREASES.— 

24 ‘‘(i) IN GENERAL.—For each calendar 

25 quarter in fiscal year 2012 or 2013, the 


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1 Secretary shall make a grant from the 

2 Emergency Fund to each State that— 

3 ‘‘(I) requests a grant under this 

4 subparagraph for the quarter; and 

5 ‘‘(II) meets the requirement of 

6 clause (ii) for the quarter. 

7 ‘‘(ii) CASELOAD INCREASE REQUIRE8 MENT.—A State meets the requirement of 

9 this clause for a quarter if the average 

10 monthly assistance caseload of the State 

11 for the quarter exceeds the average month12 ly assistance caseload of the State for the 

13 corresponding quarter in the emergency 

14 fund base year of the State. 

15 ‘‘(iii) AMOUNT OF GRANT.—Subject to 

16 paragraph (5), the amount of the grant to 

17 be made to a State under this subpara18 graph for a quarter shall be an amount 

19 equal to 80 percent of the amount (if any) 

20 by which the total expenditures of the 

21 State for basic assistance (as defined by 

22 the Secretary) in the quarter, whether 

23 under the State program funded under this 

24 part or as qualified State expenditures, ex25 ceeds the total expenditures of the State 


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1 for such assistance for the corresponding 

2 quarter in the emergency fund base year of 

3 the State. 

4 ‘‘(B) GRANT RELATED TO INCREASED EX5 PENDITURES FOR NON-RECURRENT SHORT

6 TERM BENEFITS.— 

7 ‘‘(i) IN GENERAL.—For each calendar 

8 quarter in fiscal year 2012 or 2013, the 

9 Secretary shall make a grant from the 

10 Emergency Fund to each State that— 

11 ‘‘(I) requests a grant under this 

12 subparagraph for the quarter; and 

13 ‘‘(II) meets the requirement of 

14 clause (ii) for the quarter. 

15 ‘‘(ii) NON-RECURRENT SHORT TERM

16 EXPENDITURE REQUIREMENT.—A State 

17 meets the requirement of this clause for a 

18 quarter if the total expenditures of the 

19 State for non-recurrent short term benefits 

20 in the quarter, whether under the State 

21 program funded under this part or as 

22 qualified State expenditures, exceeds the 

23 total expenditures of the State for non-re24 current short term benefits in the corVerDate Mar 15 2010 03:46 Oct 15, 2011 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3226.IH H3226

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1 responding quarter in the emergency fund 

2 base year of the State. 

3 ‘‘(iii) AMOUNT OF GRANT.—Subject to 

4 paragraph (5), the amount of the grant to 

5 be made to a State under this subpara6 graph for a quarter shall be an amount 

7 equal to 80 percent of the excess described 

8 in clause (ii). 

9 ‘‘(C) GRANT RELATED TO INCREASED EX10 PENDITURES FOR SUBSIDIZED EMPLOYMENT.— 

11 ‘‘(i) IN GENERAL.—For each calendar 

12 quarter in fiscal year 2012 or 2013, the 

13 Secretary shall make a grant from the 

14 Emergency Fund to each State that— 

15 ‘‘(I) requests a grant under this 

16 subparagraph for the quarter; and 

17 ‘‘(II) meets the requirement of 

18 clause (ii) for the quarter. 

19 ‘‘(ii) SUBSIDIZED EMPLOYMENT EX20 PENDITURE REQUIREMENT.—A State 

21 meets the requirement of this clause for a 

22 quarter if the total expenditures of the 

23 State for subsidized employment in the 

24 quarter, whether under the State program 

25 funded under this part or as qualified 


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1 State expenditures, exceeds the total such 

2 expenditures of the State in the cor3 responding quarter in the emergency fund 

4 base year of the State. 

5 ‘‘(iii) AMOUNT OF GRANT.—Subject to 

6 paragraph (5), the amount of the grant to 

7 be made to a State under this subpara8 graph for a quarter shall be an amount 

9 equal to 80 percent of the excess described 

10 in clause (ii). 

11 ‘‘(4) AUTHORITY TO MAKE NECESSARY ADJUST12 MENTS TO DATA AND COLLECT NEEDED DATA.—In 

13 determining the size of the caseload of a State and 

14 the expenditures of a State for basic assistance, non15 recurrent short term benefits, and subsidized em16 ployment, during any period for which the State re17 quests funds under this subsection, and during the 

18 emergency fund base year of the State, the Sec19 retary may make appropriate adjustments to the 

20 data, on a State-by-State basis, to ensure that the 

21 data are comparable with respect to the groups of 

22 families served and the types of aid provided. The 

23 Secretary may develop a mechanism for collecting 

24 expenditure data, including procedures which allow 


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1 States to make reasonable estimates, and may set 

2 deadlines for making revisions to the data. 

3 ‘‘(5) LIMITATION.—The total amount payable 

4 to a single State under subsection (b) and this sub5 section for fiscal years 2012 and 2013 combined 

6 shall not exceed 50 percent of the annual State fam7 ily assistance grant. 

8 ‘‘(6) LIMITATIONS ON USE OF FUNDS.—A State 

9 to which an amount is paid under this subsection 

10 may use the amount only as authorized by section 

11 404. 

12 ‘‘(7) TIMING OF IMPLEMENTATION.—The Sec13 retary shall implement this subsection as quickly as 

14 reasonably possible, pursuant to appropriate guid15 ance to States. 

16 ‘‘(8) APPLICATION TO INDIAN TRIBES.—This 

17 subsection shall apply to an Indian tribe with an ap18 proved tribal family assistance plan under section 

19 412 in the same manner as this subsection applies 

20 to a State. 

21 ‘‘(9) DEFINITIONS.—In this subsection: 

22 ‘‘(A) AVERAGE MONTHLY ASSISTANCE

23 CASELOAD DEFINED.—The term ‘average 

24 monthly assistance caseload’ means, with re25 spect to a State and a quarter, the number of 


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1 families receiving assistance during the quarter 

2 under the State program funded under this 

3 part or as qualified State expenditures, subject 

4 to adjustment under paragraph (4). 

5 ‘‘(B) EMERGENCY FUND BASE YEAR.— 

6 ‘‘(i) IN GENERAL.—The term ‘emer7 gency fund base year’ means, with respect 

8 to a State and a category described in 

9 clause (ii), whichever of fiscal year 2009 or 

10 2010 is the fiscal year in which the 

11 amount described by the category with re12 spect to the State is the lesser. 

13 ‘‘(ii) CATEGORIES DESCRIBED.—The 

14 categories described in this clause are the 

15 following: 

16 ‘‘(I) The average monthly assist17 ance caseload of the State. 

18 ‘‘(II) The total expenditures of 

19 the State for non-recurrent short term 

20 benefits, whether under the State pro21 gram funded under this part or as 

22 qualified State expenditures. 

23 ‘‘(III) The total expenditures of 

24 the State for subsidized employment, 

25 whether under the State program 


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1 funded under this part or as qualified 

2 State expenditures. 

3 ‘‘(C) QUALIFIED STATE EXPENDITURES.— 

4 The term ‘qualified State expenditures’ has the 

5 meaning given the term in section 409(a)(7).’’. 

6 (b) MODIFICATION OF CASELOAD REDUCTION CRED7 IT.—Section 407(b)(3)(A)(i) of such Act (42 U.S.C. 

8 607(b)(3)(A)(i)) is amended by inserting ‘‘(or if the imme9 diately preceding fiscal year is fiscal year 2011 or 2012, 

10 then, at State option, during the emergency fund base 

11 year of the State with respect to the average monthly as12 sistance caseload of the State (within the meaning of sec13 tion 403(c)(9)), except that, if a State elects such option 

14 for fiscal year 2011, the emergency fund base year of the 

15 State with respect to such caseload shall be fiscal year 

16 2009))’’ before ‘‘under the State’’. 

17 (c) DISREGARD FROM LIMITATION ON TOTAL PAY18 MENTS TO TERRITORIES.—Section 1108(a)(2) of such Act 

19 (42 U.S.C. 1308(a)(2)) is amended by inserting 

20 ‘‘403(c)(3),’’ after ‘‘403(a)(5),’’. 

Æ 


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