I 
112TH CONGRESS 
1ST SESSION 
H. R. 628 
To amend part A of title IV of the Social Security Act to temporarily 
reinstate, with certain adjustments, the Emergency Contingency Fund 
for State Temporary Assistance for Needy Families Programs, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 10, 2011 
Mr. CLEAVER introduced the following bill; which was referred to the 
Committee on Ways and Means 
A BILL 
To amend part A of title IV of the Social Security Act 
to temporarily reinstate, with certain adjustments, the 
Emergency Contingency Fund for State Temporary As-
sistance for Needy Families Programs, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. TEMPORARY REINSTATEMENT OF THE EMER-
GENCY CONTINGENCY FUND FOR STATE TEM-
PORARY ASSISTANCE FOR NEEDY FAMILIES 
PROGRAMS. 
(a) IN GENERAL.—Section 403 of the Social Security 
Act (42 U.S.C. 603) is amended by adding at the end the 
following: 
‘‘(c) EMERGENCY FUND.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a fund which 
shall be known as the ‘Emergency Contingency 
Fund for State Temporary Assistance for Needy 
Families Programs’ (in this subsection referred to as 
the ‘Emergency Fund’). 
‘‘(2) DEPOSITS INTO FUND.— 
‘‘(A) IN GENERAL.—Out of any money in 
the Treasury of the United States not otherwise 
appropriated, there are appropriated for fiscal 
year 2011, $20,000,000,000 for payment to the 
Emergency Fund. 
‘‘(B) AVAILABILITY AND USE OF FUNDS.— 
The amounts appropriated to the Emergency 
Fund under subparagraph (A) shall remain 
available through fiscal year 2018 and shall be 
used to make grants to States in each of fiscal 
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‘‘(iii) AMOUNT OF GRANT.—Subject to 
paragraph (5), the amount of the grant to 
be made to a State under this subpara-
graph for a quarter in a fiscal year shall 
be an amount equal to 80 percent of the 
amount (if any) by which the total expend-
itures of the State for basic assistance (as 
defined by the Secretary) in the quarter, 
whether under the State program funded 
under this part or as qualified State ex-
penditures, exceeds the total expenditures 
of the State for such assistance for the 
corresponding quarter in the preceding fis-
cal year. 
‘‘(B) GRANT RELATED TO INCREASED EX-
PENDITURES
FOR
NON-RECURRENT
SHORT 
TERM BENEFITS.— 
‘‘(i) IN GENERAL.—For each calendar 
quarter in fiscal year 2011 through 2018, 
the Secretary shall make a grant from the 
Emergency Fund to each State that— 
‘‘(I) requests a grant under this 
subparagraph for the quarter; and 
‘‘(II) meets the requirement of 
clause (ii) for the quarter. 
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‘‘(ii) NON-RECURRENT
SHORT
TERM 
EXPENDITURE
REQUIREMENT.—A State 
meets the requirement of this clause for a 
quarter in a fiscal year if the total expendi-
tures of the State for non-recurrent short 
term benefits in the quarter, whether 
under the State program funded under this 
part or as qualified State expenditures, ex-
ceeds the total expenditures of the State 
for non-recurrent short term benefits in 
the corresponding quarter in the preceding 
fiscal year. 
‘‘(iii) AMOUNT OF GRANT.—Subject to 
paragraph (5), the amount of the grant to 
be made to a State under this subpara-
graph for a quarter shall be an amount 
equal to 80 percent of the excess described 
in clause (ii). 
‘‘(C) GRANT RELATED TO INCREASED EX-
PENDITURES FOR SUBSIDIZED EMPLOYMENT.— 
‘‘(i) IN GENERAL.—For each calendar 
quarter in fiscal year 2011 through 2018, 
the Secretary shall make a grant from the 
Emergency Fund to each State that— 
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‘‘(I) requests a grant under this 
subparagraph for the quarter; and 
‘‘(II) meets the requirement of 
clause (ii) for the quarter. 
‘‘(ii) SUBSIDIZED
EMPLOYMENT
EX-
PENDITURE
REQUIREMENT.—A 
State 
meets the requirement of this clause for a 
quarter in a fiscal year if the total expendi-
tures of the State for subsidized employ-
ment in the quarter, whether under the 
State program funded under this part or 
as qualified State expenditures, exceeds the 
total such expenditures of the State in the 
corresponding quarter in the preceding fis-
cal year. 
‘‘(iii) AMOUNT OF GRANT.—Subject to 
paragraph (5), the amount of the grant to 
be made to a State under this subpara-
graph for a quarter shall be an amount 
equal to 80 percent of the excess described 
in clause (ii). 
‘‘(4) AUTHORITY TO MAKE NECESSARY ADJUST-
MENTS TO DATA AND COLLECT NEEDED DATA.—In 
determining the size of the caseload of a State and 
the expenditures of a State for basic assistance, non- 
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recurrent short-term benefits, and subsidized em-
ployment, during any period for which the State re-
quests funds under this subsection, the Secretary 
may make appropriate adjustments to the data, on 
a State-by-State basis, to ensure that the data are 
comparable with respect to the groups of families 
served and the types of aid provided. The Secretary 
may develop a mechanism for collecting expenditure 
data, including procedures which allow States to 
make reasonable estimates, and may set deadlines 
for making revisions to the data. 
‘‘(5) LIMITATION.—The total amount payable 
to a single State under subsection (b) and this sub-
section for fiscal years 2011 through 2018 combined 
shall not exceed 50 percent of the annual State fam-
ily assistance grant. 
‘‘(6) LIMITATIONS ON USE OF FUNDS.—A State 
to which an amount is paid under this subsection 
may use the amount only as authorized by section 
404. 
‘‘(7) TIMING OF IMPLEMENTATION.—The Sec-
retary shall implement this subsection as quickly as 
reasonably possible, pursuant to appropriate guid-
ance to States. 
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‘‘(8) APPLICATION
TO
INDIAN
TRIBES.—This 
subsection shall apply to an Indian tribe with an ap-
proved tribal family assistance plan under section 
412 in the same manner as this subsection applies 
to a State. 
‘‘(9) DEFINITIONS.—In this subsection: 
‘‘(A) 
AVERAGE
MONTHLY
ASSISTANCE 
CASELOAD
DEFINED.—The 
term 
‘average 
monthly assistance caseload’ means, with re-
spect to a State and a quarter, the number of 
families receiving assistance during the quarter 
under the State program funded under this 
part or as qualified State expenditures, subject 
to adjustment under paragraph (4). 
‘‘(B) QUALIFIED STATE EXPENDITURES.— 
The term ‘qualified State expenditures’ has the 
meaning given the term in section 409(a)(7).’’. 
(b) DISREGARD FROM LIMITATION ON TOTAL PAY-
MENTS TO TERRITORIES.—Section 1108(a)(2) of the So-
cial Security Act (42 U.S.C. 1308(a)(2)) is amended by 
inserting ‘‘403(c)(3),’’ after ‘‘403(a)(5),’’. 
(c) ELIMINATION OF MODIFICATION OF CASELOAD 
REDUCTION CREDIT.— 
(1) IN
GENERAL.—Section 407(b)(3)(A)(i) of 
the Social Security Act (42 U.S.C. 607(b)(3)(A)(i)) 
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is amended by striking ‘‘(or if the immediately pre-
ceding fiscal year is fiscal year 2008, 2009, or 2010, 
then, at State option, during the emergency fund 
base year of the State with respect to the average 
monthly assistance caseload of the State (within the 
meaning of section 403(c)(9)), except that, if a State 
elects such option for fiscal year 2008, the emer-
gency fund base year of the State with respect to 
such caseload shall be fiscal year 2007))’’. 
(2) CONFORMING AMENDMENTS.—Section 2101 
of the American Recovery and Reinvestment Act of 
2009 (Public Law 111–5; 123 Stat. 446–449) is 
amended— 
(A) in subsection (a)(2), by striking ‘‘, ex-
cept that paragraph (9) of such subsection shall 
remain in effect until October 1, 2011, but only 
with respect to section 407(b)(3)(A)(i) of such 
Act’’; and 
(B) in subsection (d), by striking para-
graph (2). 
(d) SUNSET.—Effective October 1, 2018: 
(1) EMERGENCY FUND.—Section 403 of the So-
cial Security Act (42 U.S.C. 603) (as added by para-
graph (1)) is amended by striking subsection (c) (as 
added by subsection (a) of this section). 
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(2) DISREGARD FROM LIMITATION ON TOTAL 
PAYMENTS TO TERRITORIES.—Section 1108(a)(2) of 
such Act (42 U.S.C. 1308(a)(2)) is amended by 
striking ‘‘403(c)(3),’’ (as added by subsection (b) of 
this section). 
Æ 
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