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I 113TH CONGRESS 1ST SESSION H. R. 365 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. IN THE HOUSE OF REPRESENTATIVES JANUARY 23, 2013 Mr. PIERLUISI (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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Territorial TANF Eq- 4 uity Act of 2013’’. 5 VerDate Mar 15 2010 03:04 Feb 01, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H365.IH H365 jbell on DSK7SPTVN1PROD with BILLS 2 •HR 365 IH SEC. 2. ELIMINATION OF CAP ON CERTAIN PAYMENTS TO 1 PUERTO RICO, THE VIRGIN ISLANDS, GUAM, 2 AND AMERICAN SAMOA. 3 (a) IN GENERAL.—Section 1108 of the Social Secu- 4 rity Act (42 U.S.C. 1308) is amended by striking sub- 5 section (a). 6 (b) CONFORMING AMENDMENTS.— 7 (1) REDESIGNATIONS.—Section 1108 of such 8 Act (42 U.S.C. 1308) is amended by redesignating 9 subsections (b), (c), (d), (f), and (g) as subsections 10 (a), (b), (c), (d), and (e), respectively. 11 (2) ADDITIONAL CONFORMING AMENDMENTS.— 12 Section 1108 of such Act (42 U.S.C. 1308) is 13 amended— 14 (A) in subsection (b), as redesignated by 15 paragraph (1)— 16 (i) by striking paragraphs (2), (4), 17 and (5); and 18 (ii) redesignating paragraph (3) as 19 paragraph (2); 20 (B) in subsection (c), as redesignated by 21 paragraph (1), by striking ‘‘subsection (b)’’ and 22 inserting ‘‘subsection (a)’’; 23 (C) in subsection (d), as redesignated by 24 paragraph (1), by striking ‘‘subsection (g)’’ and 25 inserting ‘‘subsection (e)’’; and 26 VerDate Mar 15 2010 03:04 Feb 01, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H365.IH H365 jbell on DSK7SPTVN1PROD with BILLS 3 •HR 365 IH (D) in subsection (e), as redesignated by 1 paragraph (1), by striking ‘‘subsection (f)’’ each 2 place it appears and inserting ‘‘subsection (d)’’. 3 SEC. 3. SUPPLEMENTAL GRANTS TO PUERTO RICO, THE 4 VIRGIN ISLANDS, GUAM, AND AMERICAN 5 SAMOA. 6 Section 1108(a) of the Social Security Act (42 U.S.C. 7 1308(a)), as redesignated by section 2(b)(1) of this Act, 8 is amended to read as follows: 9 ‘‘(a) ENTITLEMENT TO SUPPLEMENTAL GRANTS.— 10 ‘‘(1) IN GENERAL.—Each territory shall be en- 11 titled to receive from the Secretary for each fiscal 12 year a supplemental grant in an amount equal to— 13 ‘‘(A) in the case of Puerto Rico, the Virgin 14 Islands, and Guam, 10 percent of the family as- 15 sistance grant payable to the territory for the 16 fiscal year; and 17 ‘‘(B) in the case of American Samoa, 18 $100,000. 19 ‘‘(2) APPROPRIATION.—Out of any money in 20 the Treasury of the United States not otherwise ap- 21 propriated, there are appropriated for fiscal year 22 2013 such sums as are necessary for grants under 23 this subsection.’’. 24 VerDate Mar 15 2010 03:04 Feb 01, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H365.IH H365 jbell on DSK7SPTVN1PROD with BILLS 4 •HR 365 IH SEC. 4. ELIGIBILITY OF PUERTO RICO, THE VIRGIN IS- 1 LANDS, GUAM, AND AMERICAN SAMOA FOR 2 THE TANF CONTINGENCY FUND. 3 (a) DEFINITION OF STATE.—Section 403(b)(7) of 4 the Social Security Act (42 U.S.C. 603(b)(7)) is amended 5 by striking ‘‘and the District of Columbia’’ and inserting 6 ‘‘, the District of Columbia, Puerto Rico, the Virgin Is- 7 lands, Guam, and American Samoa.’’. 8 (b) ALTERNATIVE ELIGIBILITY CRITERIA FOR TER- 9 RITORIES.—Section 403(b)(5) of such Act (42 U.S.C. 10 603(b)(5)) is amended— 11 (1) in subparagraph (A)(ii), by striking ‘‘or’’ at 12 the end; 13 (2) in subparagraph (B)(ii), by striking the pe- 14 riod at the end and inserting ‘‘; or’’; and 15 (3) by adding at the end the following: 16 ‘‘(C) in the case of Puerto Rico, the Virgin 17 Islands, Guam, and American Samoa, the State 18 satisfies alternative eligibility criteria estab- 19 lished by the Secretary in consultation with the 20 Governor of the State, to be submitted to the 21 Congress not later than 1 year after the date 22 of the enactment of this subparagraph.’’. 23 VerDate Mar 15 2010 03:04 Feb 01, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H365.IH H365 jbell on DSK7SPTVN1PROD with BILLS 5 •HR 365 IH SEC. 5. ELIGIBILITY OF PUERTO RICO, THE VIRGIN IS- 1 LANDS, GUAM, AND AMERICAN SAMOA FOR 2 CHILD CARE ENTITLEMENT FUNDS. 3 (a) DEFINITION OF STATE.—Section 418(d) of the 4 Social Security Act (42 U.S.C. 618(d)) is amended by 5 striking ‘‘and the District of Columbia’’ and inserting ‘‘, 6 the District of Columbia, Puerto Rico, the Virgin Islands, 7 Guam, and American Samoa.’’. 8 (b) AMOUNT OF PAYMENT.— 9 (1) GENERAL ENTITLEMENT.—Section 10 418(a)(1) of such Act (42 U.S.C. 618(a)(1)) is 11 amended by striking ‘‘equal to the greater of—’’ and 12 all that follows and inserting the following: ‘‘equal 13 to— 14 ‘‘(A) in the case of Puerto Rico, the Virgin 15 Islands, Guam, and American Samoa, 60 per- 16 cent of the amount required to be paid to the 17 State for fiscal year 2010 under the Child Care 18 and Development Block Grant Act of 1990; or 19 ‘‘(B) in the case of any other State, the 20 greater of— 21 ‘‘(i) the total amount required to be 22 paid to the State under section 403 of this 23 Act for fiscal year 1994 or 1995 (which- 24 ever is greater) with respect to expendi- 25 tures for child care under subsections (g) 26 VerDate Mar 15 2010 03:04 Feb 01, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H365.IH H365 jbell on DSK7SPTVN1PROD with BILLS 6 •HR 365 IH and (i) of section 402 of this Act (as in ef- 1 fect before October 1, 1995); or 2 ‘‘(ii) the average of the total amounts 3 required to be paid to the State for fiscal 4 years 1992 through 1994 under the sub- 5 sections referred to in clause (i).’’. 6 (2) ALLOTMENT OF REMAINDER.—Section 7 418(a)(2)(B) of such Act (42 U.S.C. 618(a)(2)(B)) 8 is amended to read as follows: 9 ‘‘(B) ALLOTMENTS TO STATES.—Of the 10 total amount available for payments to States 11 under this paragraph, as determined under sub- 12 paragraph (A)— 13 ‘‘(i) an amount equal to 65 percent of 14 the amount required to be paid to each of 15 Puerto Rico, the Virgin Islands, Guam, 16 and American Samoa for fiscal year 2010 17 under the Child Care and Development 18 Block Grant Act of 1990, shall be allotted 19 to Puerto Rico, the Virgin Islands, Guam, 20 and American Samoa, respectively; and 21 ‘‘(ii) the remainder shall be allotted 22 among the other States based on the for- 23 mula used for determining the amount of 24 Federal payments to each State under sec- 25 VerDate Mar 15 2010 03:04 Feb 01, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H365.IH H365 jbell on DSK7SPTVN1PROD with BILLS 7 •HR 365 IH tion 403(n) of this Act (as in effect before 1 October 1, 1995).’’. 2 SEC. 6. INCREASE IN FEDERAL MATCHING RATE FOR FOS- 3 TER CARE AND ADOPTION ASSISTANCE IN 4 PUERTO RICO, THE VIRGIN ISLANDS, GUAM, 5 AND AMERICAN SAMOA. 6 Section 474(a) of the Social Security Act (42 U.S.C. 7 674(a)) is amended in each of paragraphs (1) and (2)— 8 (1) by striking ‘‘in the case of a State other 9 than the District of Columbia, or’’ and inserting ‘‘in 10 the case of each of the 50 States,’’; and 11 (2) by inserting ‘‘, or 75 percent, in the case of 12 Puerto Rico, the Virgin Islands, Guam, and Amer- 13 ican Samoa’’ after ‘‘in the case of the District of Co- 14 lumbia’’. 15 SEC. 7. EFFECTIVE DATE. 16 The amendments made by this Act shall take effect 17 on the 1st day of the 1st Federal fiscal year that begins 18 1 year or more after the date of enactment of this Act. 19 Æ VerDate Mar 15 2010 03:04 Feb 01, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H365.IH H365 jbell on DSK7SPTVN1PROD with BILLS