H.R. 365: Territorial TANF Equity Act of 2013

113th Congress, 2013–2015. Text as of Jan 23, 2013 (Introduced).

Status & Summary | PDF | Source: GPO and Cato Institute Deepbills

I

113th CONGRESS

1st Session

H. R. 365

IN THE HOUSE OF REPRESENTATIVES

January 23, 2013

(for himself, Mr. Faleomavaega, Mrs. Christensen, Ms. Bordallo, and Mr. Serrano) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To amend the Social Security Act to eliminate the cap on certain payments under the TANF program to Puerto Rico, the Virgin Islands, Guam, and American Samoa, and for other purposes.

1.

Short title

This Act may be cited as the Territorial TANF Equity Act of 2013 .

2.

Elimination of cap on certain payments to Puerto Rico, the Virgin Islands, Guam, and American Samoa

(a)

In general

Section 1108 of the Social Security Act (42 U.S.C. 1308) is amended by striking subsection (a).

(b)

Conforming amendments

(1)

Redesignations

Section 1108 of such Act (42 U.S.C. 1308) is amended by redesignating subsections (b), (c), (d), (f), and (g) as subsections (a), (b), (c), (d), and (e), respectively.

(2)

Additional conforming amendments

Section 1108 of such Act (42 U.S.C. 1308) is amended—

(A)

in subsection (b), as redesignated by paragraph (1)

(i)

by striking paragraphs (2), (4), and (5); and

(ii)

redesignating paragraph (3) as paragraph (2);

(B)

in subsection (c), as redesignated by paragraph (1), by striking subsection (b) and inserting subsection (a) ;

(C)

in subsection (d), as redesignated by paragraph (1), by striking subsection (g) and inserting subsection (e) ; and

(D)

in subsection (e), as redesignated by paragraph (1), by striking subsection (f) each place it appears and inserting subsection (d) .

3.

Supplemental grants to Puerto Rico, the Virgin Islands, Guam, and American Samoa

Section 1108(a) of the Social Security Act (42 U.S.C. 1308(a)), as redesignated by section 2(b)(1) of this Act, is amended to read as follows:

(a)

Entitlement to supplemental grants

(1)

In general

Each territory shall be entitled to receive from the Secretary for each fiscal year a supplemental grant in an amount equal to—

(A)

in the case of Puerto Rico, the Virgin Islands, and Guam, 10 percent of the family assistance grant payable to the territory for the fiscal year; and

(B)

in the case of American Samoa, $100,000.

(2)

Appropriation

Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal year 2013 such sums as are necessary for grants under this subsection .

.

4.

Eligibility of Puerto Rico, the Virgin Islands, Guam, and American Samoa for the TANF contingency fund

(a)

Definition of State

Section 403(b)(7) of the Social Security Act (42 U.S.C. 603(b)(7)) is amended by striking and the District of Columbia and inserting , the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and American Samoa..

(b)

Alternative eligibility criteria for territories

Section 403(b)(5) of such Act (42 U.S.C. 603(b)(5)) is amended—

(1)

in subparagraph (A)(ii), by striking or at the end;

(2)

in subparagraph (B)(ii), by striking the period at the end and inserting ; or; and

(3)

by adding at the end the following:

(C)

in the case of Puerto Rico, the Virgin Islands, Guam, and American Samoa, the State satisfies alternative eligibility criteria established by the Secretary in consultation with the Governor of the State, to be submitted to the Congress not later than 1 year after the date of the enactment of this subparagraph.

.

5.

Eligibility of Puerto Rico, the Virgin Islands, Guam, and American Samoa for child care entitlement funds

(a)

Definition of State

Section 418(d) of the Social Security Act (42 U.S.C. 618(d)) is amended by striking and the District of Columbia and inserting , the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and American Samoa..

(b)

Amount of payment

(1)

General entitlement

Section 418(a)(1) of such Act (42 U.S.C. 618(a)(1)) is amended by striking equal to the greater of— and all that follows and inserting the following:

equal to—

(A)

in the case of Puerto Rico, the Virgin Islands, Guam, and American Samoa, 60 percent of the amount required to be paid to the State for fiscal year 2010 under the Child Care and Development Block Grant Act of 1990; or

(B)

in the case of any other State, the greater of—

(i)

the total amount required to be paid to the State under section 403 of this Act for fiscal year 1994 or 1995 (whichever is greater) with respect to expenditures for child care under subsections (g) and (i) of section 402 of this Act (as in effect before October 1, 1995); or

(ii)

the average of the total amounts required to be paid to the State for fiscal years 1992 through 1994 under the subsections referred to in clause (i).

.

(2)

Allotment of remainder

Section 418(a)(2)(B) of such Act (42 U.S.C. 618(a)(2)(B)) is amended to read as follows:

(B)

Allotments to states

Of the total amount available for payments to States under this paragraph, as determined under subparagraph (A)

(i)

an amount equal to 65 percent of the amount required to be paid to each of Puerto Rico, the Virgin Islands, Guam, and American Samoa for fiscal year 2010 under the Child Care and Development Block Grant Act of 1990, shall be allotted to Puerto Rico, the Virgin Islands, Guam, and American Samoa, respectively; and

(ii)

the remainder shall be allotted among the other States based on the formula used for determining the amount of Federal payments to each State under section 403(n) of this Act (as in effect before October 1, 1995).

.

6.

Increase in Federal matching rate for foster care and adoption assistance in Puerto Rico, the Virgin Islands, Guam, and American Samoa

Section 474(a) of the Social Security Act (42 U.S.C. 674(a) ) is amended in each of paragraphs (1) and (2)

(1)

by striking in the case of a State other than the District of Columbia, or and inserting in the case of each of the 50 States,; and

(2)

by inserting , or 75 percent, in the case of Puerto Rico, the Virgin Islands, Guam, and American Samoa after in the case of the District of Columbia.

7.

Effective date

The amendments made by this Act shall take effect on the 1st day of the 1st Federal fiscal year that begins 1 year or more after the date of enactment of this Act.