article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Preservation for Parents in Poverty Act''. SEC. 2. EXTENSION AND MODIFICATION OF THE TANF EMERGENCY FUND. (a) Extension.-- (1) In general.--Section 403(c) of the Social Security Act (42 U.S.C. 603(c)) is amended-- (A) in paragraph (2)(A), by inserting ``, and for the first quarter of fiscal year 2011, $500,000,000'' before ``for payment''; (B) by striking paragraph (2)(B) and inserting the following: ``(B) Availability and use of funds.-- ``(i) Fiscal years 2009 and 2010.--The amounts appropriated to the Emergency Fund under subparagraph (A) for fiscal year 2009 shall remain available through fiscal year 2010 and shall be used to make grants to States in each of fiscal years 2009 and 2010 in accordance with paragraph (3), except that the amounts shall remain available through fiscal year 2011 to make grants and payments to States in accordance with paragraph (3)(C) to cover expenditures to subsidize employment positions held by individuals placed in the positions before fiscal year 2011. ``(ii) Fiscal year 2011.--Subject to clause (iii), the amounts appropriated to the Emergency Fund under subparagraph (A) for the first quarter of fiscal year 2011 shall remain available through fiscal year 2012 and shall be used to make grants to States based on expenditures in the first quarter of fiscal year 2011 for benefits and services provided in the first quarter of fiscal year 2011 in accordance with the requirements of paragraph (3). ``(iii) Reservation of funds.--Of the amounts appropriated to the Emergency Fund under subparagraph (A) for the first quarter of fiscal year 2011, $500,000 shall be placed in reserve for use in fiscal year 2012, and shall be used to award grants for any expenditures described in this subsection incurred by States after December 31, 2010.''; (C) in paragraph (2)(C), by striking ``2010'' and inserting ``2012''; (D) in paragraph (3)-- (i) in clause (i) of each of subparagraphs (A), (B), and (C)-- (I) by inserting ``, and the first calendar quarter of fiscal year 2011,'' after ``2009 or 2010,''; (II) by striking ``and'' at the end of subclause (I); (III) by striking the period at the end of subclause (II) and inserting ``; and''; and (IV) by adding at the end the following: ``(III) if the quarter is in fiscal year 2011, has provided the Secretary with such information as the Secretary may find necessary in order to make the determinations, or take any other action, described in paragraph (5)(C).''; and (ii) in subparagraph (C), by adding at the end the following: ``(iv) Limitation on expenditures for subsidized employment.--An expenditure for subsidized employment shall be taken into account under clause (ii) only if the expenditure is used to subsidize employment for-- ``(I) a member of a needy family (without regard to whether the family is receiving assistance under the State program funded under this part); or ``(II) an individual who has exhausted (or, within 60 days, will exhaust) all rights to receive unemployment compensation under Federal and State law, and who is a member of a needy family.''; (E) by striking paragraph (5) and inserting the following: ``(5) Limitations on payments; adjustment authority.-- ``(A) Fiscal years 2009 and 2010.--The total amount payable to a single State under subsection (b) and this subsection for fiscal years 2009 and 2010 combined shall not exceed 50 percent of the annual State family assistance grant. ``(B) Fiscal year 2011.--Subject to subparagraph (C), the total amount payable to a single State under subsection (b) and this subsection for the first quarter of fiscal year 2011 shall not exceed 5 percent of the annual State family assistance grant. ``(C) Adjustment authority.--If the Secretary determines that the Emergency Fund is at risk of being depleted before December 31, 2010, or that funds are available to accommodate additional State requests under this subsection, the Secretary may, through program instructions issued without regard to the requirements of section 553 of title 5, United States Code-- ``(i) specify priority criteria for awarding grants to States during the first quarter of fiscal year 2011; and ``(ii) adjust the percentage limitation applicable under subparagraph (B) with respect to the total amount payable to a single State for the first quarter of fiscal year 2011.''; and (F) in paragraph (6), by inserting ``or for expenditures described in paragraph (3)(C)(iv)'' before the period. (2) Conforming amendments.--Section 2101 of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) is amended-- (A) in subsection (a)(2)-- (i) by striking ``October 1, 2010'' and inserting ``January 1, 2011''; and (ii) by striking all that follows ``repealed'' and inserting a period; and (B) in subsection (d)(1), by striking ``October 1, 2010'' and inserting ``January 1, 2011''. (b) Modification of Grant Requirements.-- (1) In general.--Effective October 1, 2010, section 403(c) of the Social Security Act (42 U.S.C. 603(c)), as amended by subsection (a), is amended-- (A) in paragraph (3)(A)-- (i) by striking ``related to caseload increases'' in the heading and inserting ``related to increased expenditures''; (ii) by striking clause (ii) and redesignating clause (iii) as clause (ii); and (iii) by striking ``each State that'' and all that follows in clause (i) and inserting ``each State that requests a grant under this subparagraph for the quarter, to the extent provided in clause (ii)''; (B) in paragraph (4), by striking ``the caseload of a State and''; and (C) in paragraph (9)-- (i) by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (ii) by striking ``The average monthly assistance caseload of the State.'' in clause (ii)(I) and inserting ``The average quarterly total expenditures of the State for basic assistance (as defined by the Secretary under paragraph (3)(A)(ii)).''. (2) Conforming amendments.--Effective October 1, 2010, section 407(b)(3) of the Social Security Act (42 U.S.C. 607(b)(3)) is amended-- (A) by striking ``(within the meaning of section 403(c)(9))'' in subparagraph (A)(i); and (B) by adding at the end the following new subparagraph: ``(C) Average monthly assistance caseload.--For purposes of this paragraph, the term `average monthly assistance caseload' means, with respect 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 by the Secretary as permitted by section 403(c)(4).''. (c) Program Guidance.--The Secretary of Health and Human Services shall issue program guidance, without regard to the requirements of section 553 of title 5, United States Code, which ensures that the funds provided under the amendments made by this section to a jurisdiction for subsidized employment do not support any subsidized employment position the annual salary of which is greater than, at State option-- (1) 200 percent of the poverty line (within the meaning of section 673(2) of the Omnibus Budget Reconciliation Act of 1981, including any revision required by such section 673(2)) for a family of 4; or (2) the median wage in the jurisdiction. SEC. 3. FUNDING LEVEL OF TANF CONTINGENCY FUND. Notwithstanding any other provision of law, the total amount appropriated for the Contingency Fund for State Welfare Programs established under section 403(b) of the Social Security Act (42 U.S.C. 603(b)) shall be-- (1) for fiscal year 2012, $112,000,000; and (2) for fiscal year 2013, $612,000,000.
summary: Job Preservation for Parents in Poverty Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to revise and extend the Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs (Emergency Contingency Fund) at current levels through the first quarter of FY2011. Places a certain amount of appropriations in reserve for use in FY2012. Prohibits the Secretary of Health and Human Services (HHS) from making a grant from the Emergency Contingency Fund for a fiscal year after FY2012. Limits expenditures for subsidized employment to employment for: (1) a member of a needy family (without regard to whether the family is receiving assistance under the state TANF program); or (2) a member of a needy family who has exhausted (or, within 60 days, will exhaust) all rights to receive unemployment compensation under federal and state law. Reduces the funding level of the (regular) Contingency Fund for State Welfare Programs for FY2012 and FY2013 (to offset appropriations for this Act).