Pandemic emergency assistance

In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury of the United States not otherwise appropriated, $1,000,000,000, to remain available until expended, to carry out this subsection.

Of the amount specified in paragraph (1), the Secretary shall reserve $2,000,000 for administrative expenses and the provision of technical assistance to States and Indian tribes with respect to the use of funds provided under this subsection.

(A) 50 States and the District of Columbia (i) Total amount to be allotted The Secretary shall allot a total of 92.5 percent of the amount specified in paragraph (1) that is not reserved under paragraph (2) among the States that are not a territory and that are operating a program funded under this part, in accordance with clause (ii) of this subparagraph. (ii) Allotment formula The Secretary shall allot to each such State the sum of the following percentages of the total amount described in clause (i): (I) 50 percent, multiplied by— (aa) the population of children in the State, determined on the basis of the most recent population estimates as determined by the Bureau of the Census; divided by (bb) the total population of children in the States that are not territories, as so determined; plus (II) 50 percent, multiplied by— (aa) the total amount expended by the State for basic assistance, non-recurrent short term benefits, and emergency assistance in fiscal year 2019, as reported by the State under section 611 of this title ; divided by (bb) the total amount expended by the States that are not territories for basic assistance, non-recurrent short term benefits, and emergency assistance in fiscal year 2019, as so reported by the States.

(B) Territories and Indian Tribes The Secretary shall allot among the territories and Indian tribes otherwise eligible for a grant under this part such portions of 7.5 percent of the amount specified in paragraph (1) that are not reserved under paragraph (2) as the Secretary deems appropriate based on the needs of the territory or Indian tribe involved.

(C) Expenditure commitment requirement To receive the full amount of funding payable under this subsection, a State or Indian tribe shall inform the Secretary as to whether it intends to use all of its allotment under this paragraph and provide that information— (i) in the case of a State that is not a territory, within 45 days after March 11, 2021 ; or (ii) in the case of a territory or an Indian tribe, within 90 days after such date.

(A) In general The Secretary shall provide funds to each State and Indian tribe to which an amount is allotted under paragraph (3), from the amount so allotted.

(B) Treatment of unused funds (i) Reallotment The Secretary shall reallot in accordance with paragraph (3) all funds provided to any State or Indian tribe under this subsection that are unused, among the other States and Indian tribes eligible for funds under this subsection. For purposes of paragraph (3), the Secretary shall treat the funds as if included in the amount specified in paragraph (1). (ii) Provision The Secretary shall provide funds to each such other State or Indian tribe in an amount equal to the amount so reallotted.

(A) In general A State or Indian tribe to which funds are provided under this subsection may use the funds only for non-recurrent short term benefits, whether in the form of cash or in other forms.

(B) Limitation on use for administrative expenses A State to which funds are provided under this subsection shall not expend more than 15 percent of the funds for administrative purposes.

(C) Nonsupplantation Funds provided under this subsection shall be used to supplement and not supplant other Federal, State, or tribal funds for services and activities that promote the purposes of this part.

(D) Expenditure deadline (i) In general Except as provided in clause (ii), a State or Indian tribe to which funds are provided under this subsection shall expend the funds not later than the end of fiscal year 2022. (ii) Exception for reallotted funds A State or Indian tribe to which funds are provided under paragraph (4)(B) shall expend the funds within 12 months after receipt.

Section 1308 of this title shall not apply with respect to any funds provided under this subsection.

In this subsection:

(A) Applicable period The term “applicable period” means the period that begins with April 1, 2021 , and ends with September 30, 2022 .

(B) Non-recurrent short term benefits The term “non-recurrent short term benefits” has the meaning given the term in OMB approved Form ACF–196R, published on July 31, 2014 .

(C) State The term “State” means the 50 States of the United States, the District of Columbia, and the territories.

(D) Territory The term “territory” means the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.