TANF Emergency Response and Recovery Act of 2005
PL 109-68 (H.R.3672), enacted 09/21/2005

119 STAT. 2003
PUBLIC LAW 109–68—SEPT. 21, 2005
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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. 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
42 USC 1305
note.
TANF
Emergency
Response and
Recovery Act of
2005.
Sept. 21, 2005
[H.R. 3672]
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119 STAT. 2004
PUBLIC LAW 109–68—SEPT. 21, 2005
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
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 Assist-
ance 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 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.
Effective date.
Termination
date.
Effective date.
Termination
date.
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119 STAT. 2005
PUBLIC LAW 109–68—SEPT. 21, 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 BENE-
FITS 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 PRO-
GRAM 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.
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119 STAT. 2006
PUBLIC LAW 109–68—SEPT. 21, 2005
LEGISLATIVE HISTORY—H.R. 3672:
CONGRESSIONAL RECORD, Vol. 151 (2005):
Sept. 8, considered and passed House.
Sept. 15, considered and passed Senate.
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.
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