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Temporary Assistance for Needy Families and Proposed COVID-19 Pandemic Economic Relief: In Brief (R46692, Version 1)

Summary

Version 1 of a Congressional Research Service report, R46692, dated February 23, 2021 and written by Gene Falk and Patrick A. Landers, on Temporary Assistance for Needy Families (TANF) and proposed COVID-19 relief. On February 22, 2021 the House Budget Committee reported a reconciliation bill that would create a temporary $1 billion TANF Pandemic Emergency Assistance Fund, usable only for non-recurrent short-term benefits. After $2 million for HHS administration, 7.5% would go to territories and tribes and 92.5% to the 50 states and the District of Columbia, allocated half by child population and half by FY2019 spending on short-term aid, emergency assistance and emergency services. The main block grant has not been adjusted since the mid-1990s, and states spent $30.9 billion in federal TANF grants and state funds in FY2019.

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Temporary Assistance for Needy Families and
Proposed COVID-19 Pandemic Economic
Relief: In Brief

February 23, 2021




                             Congressional Research Service
                              https://crsreports.congress.gov
                                                     R46692
                                                                                                             SUMMARY

                                                                                                        R46692
Temporary Assistance for Needy Families and
                                                                                                        February 23, 2021
Proposed COVID-19 Pandemic Economic
                                                                                                        Gene Falk
Relief: In Brief                                                                                        Specialist in Social Policy

The Temporary Assistance for Needy Families (TANF) block grant provides grants to states,               Patrick A. Landers
territories, and American Indian tribes to help finance a wide range of benefits and services for       Analyst in Social Policy
needy families with children. On February 22, 2021, the House Budget Committee reported an
omnibus budget reconciliation bill that would, among other provisions, create a temporary $1
billion TANF Pandemic Emergency Assistance Fund. As of that date, the Senate had not yet
moved to consider similar legislation as part of the budget reconciliation process for FY2021.

The primary TANF funding stream, the state family assistance block grant, provides states a set dollar amount determined by
a formula established in law by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA;
P.L. 104-193). This amount is not adjusted for inflation, population shifts, or any other changes that have transpired since the
mid-1990s. States are required to expend a minimum amount of their own funds, known as the state maintenance-of-effort
(MOE) requirement, on the TANF-related population and TANF-related programs. This amount also has not changed since
the mid-1990s. In recent years, Congress has also appropriated funding to the TANF contingency fund, which was first
established in 1996 as a source of additional funding in the event of an economic downturn and provides matching grants to
states meeting certain requirements. In total, states expended $30.9 billion in federal TANF grants to states and state MOE
funds in FY2019. TANF funds can be used to provide a variety of benefits and services, including ongoing basic economic
assistance; emergency, short-term aid; work, education, and training activities; child care and other work supports; and social
services. States vary widely in how they use federal TANF grants and state MOE funds.

Under the House Budget Committee-reported legislation, the temporary TANF Pandemic Emergency Assistance Fund would
provide $1 billion to states, territories, and tribes to supplement other TANF funding. Initial grants would be made to states
up to a set allocation amount. The U.S. Department of Health and Human Services (HHS) would be given $2 million for
federal administration and to help provide technical assistance to states, territories, and tribes. After the amount for technical
assistance is set aside, 7.5% of the remaining funds would be provided to the territories and Indian tribes and 92.5% of the
remaining funds would be allotted to the 50 states and District of Columbia. The state funding would be initially allocated as
follows: 50% would be allocated by each state’s share of the total child population, and 50% would be allocated by each
state’s share of total FY2019 TANF expenditures on basic assistance, non-recurrent short-term benefits, emergency
assistance, and emergency services. States, territories, and tribes could only use this funding for non-recurrent short-term
benefits. These short-term benefits address a specific crisis situation or episode of need and can be provided in cash or non-
cash forms (e.g., payment vouchers for emergency housing or food aid). Non-recurrent short-term benefits are not subject to
a number of provisions applicable to basic assistance under TANF (e.g., time limits, work requirements, child support
requirements).




Congressional Research Service
                                                 TANF and Proposed COVID-19 Pandemic Economic Relief: In Brief




Contents
Introduction ................................................................................................................... 1
TANF Funding ............................................................................................................... 1
    How TANF Funds Are Used........................................................................................ 2
    TANF and Economic Downturns ................................................................................. 3
Proposed TANF Pandemic Emergency Assistance Fund ........................................................ 3
    Funding Allocation .................................................................................................... 3
    Use of Funds............................................................................................................. 6
    Other Rules Related to the Pandemic Emergency Assistance Fund .................................... 8


Figures
Figure 1. Uses of TANF Funds by Spending Category, FY2019.............................................. 2


Tables
Table 1. Estimated Initial Allocations for a Proposed Temporary Assistance for Needy
  Families (TANF) Pandemic Emergency Assistance Fund .................................................... 4


Contacts
Author Information ......................................................................................................... 8




Congressional Research Service
                                            TANF and Proposed COVID-19 Pandemic Economic Relief: In Brief




Introduction
The Temporary Assistance for Needy Families (TANF) block grant provides grants to states,
territories, and American Indian tribes to help finance a wide range of benefits and services
related to ameliorating the effects of, and addressing the root causes of, economic disadvantage
among families with children. It is best known for providing ongoing economic assistance to
families with children, but it also funds emergency, short-term aid; child care; employment and
training programs for assistance recipients as well as other eligible parents or youth; and social
services.
In 2020, five separate laws were enacted to address the economic fallout from the Coronavirus
Disease 2019 (COVID-19) pandemic and provide economic relief. 1 No additional funding for
TANF was provided in any of those measures, though the Department of Health and Human
Services (HHS) announced it would provide relief from penalties under existing law to states that
failed to meet TANF work participation standards. 2
President Biden proposed $1 billion in additional TANF funding to help finance additional cash
assistance as part of his American Rescue Plan. 3 On February 22, 2021, the House Budget
Committee reported an omnibus budget reconciliation bill to the House chamber. Title IX,
Section 9101, of the American Rescue Plan Act of 2021 would create a $1 billion temporary
TANF Pandemic Emergency Assistance Fund to supplement other TANF funding. 4 As of that
date, the Senate had not yet moved to consider similar legislation as part of the budget
reconciliation process for FY2021. 5

TANF Funding
TANF was created in the Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (PRWORA, P.L. 104-193). Before PRWORA, economic assistance to needy families with
children was provided through a federal-state matching grant program. Under that program (Aid
to Families with Dependent Children [AFDC]), funding was not limited, and federal grants
reimbursed states for a share of their expenditures. Those expenditures were determined by, and
changed according to, the number of families receiving assistance and the benefit amounts they
received.
PRWORA converted funding for AFDC and related programs into the TANF block grant, with the
bulk of funding in the state family assistance grant. The state family assistance grant provides
states a set dollar amount determined by a formula established in the law. It does not change

1 For more information, see CRS Report R46460, Fiscal Policy and Recovery from the COVID-19 Recession.

2 U.S. Department of Health and Human Services (HHS), Administration for Children and Families, Office of Family

Assistance, Questions and Answers about TANF and the Coronavirus Disease 2019 (COVID-19) Pandemic, T ANF-
ACF-PI-2020-01, March 2020, https://www.acf.hhs.gov/ofa/policy-guidance/tanf-acf-pi-2020-01-questions-and-
answers-about-tanf-and-coronavirus-disease.
3 T he White House, “ President Biden Announces American Rescue Plan,” January 20, 2021, at

https://www.whitehouse.gov/briefing-room/legislation/2021/01/20/president-biden-announces-american-rescue-plan/.
4 T he provision creating the T ANF Pandemic Emergency Fund was ordered to be sent to the House Budget
                                                                                                         Committee
from the House Committee on Ways and Means on February 10, 2021.
5 For information on budget reconciliation, see CRS Report R44058, The Budget Reconciliation Process: Stages of

Consideration. For information on the budget resolution for FY2021, which contains reconciliation directives, see CRS
Report R46675, S.Con.Res. 5: The Budget Resolution for FY2021 .




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                                           TANF and Proposed COVID-19 Pandemic Economic Relief: In Brief




according to the number of families receiving assistance or benefit amounts. Additionally, the
funding levels for the state family assistance grant provided by PRWORA have not been
increased for inflation, population, or other changes that have transpired since the mid-1990s. The
state family assistance grant totaled $16.5 billion in FY2019. In addition to expending federal
TANF grants, TANF requires states to make expenditures from their own funds on TANF or
TANF-related programs. This requirement, known as the state maintenance-of-effort (MOE)
requirement, is also a set amount that has not been adjusted for changes since the mid-1990s.6

How TANF Funds Are Used
Figure 1 shows how the $30.9 billion in federal TANF grants to states and state MOE funds was
expended, or transferred to other block grant programs, in FY2019. Ongoing basic economic
assistance was the most common use, but it only represented 21% ($6.5 billion) of total spending.
Other common uses included child care, work and training programs, refundable tax credits, pre-
kindergarten programs, programs to provide services to children who have been abused and
neglected or are at risk of abuse or neglect, emergency and short-term benefits, and other services
(youth, responsible fatherhood, and healthy marriage promotion activities).
States have broad discretion within TANF, and their use of federal TANF grants and state MOE
funds varies considerably. For example, the share of total expenditures devoted to basic assistance
ranged from a low of 3.6% (Indiana) to a high of 69.3% (Kentucky) in FY2019. Work, education,
and training expenditures varied from a low of 0.2% (Arizona) to a high of 26.9% (California).
Eight states and the District of Columbia reported no TANF expenditures on child welfare, while
three states (Arizona, Georgia, and North Dakota) allocated more than half their federal TANF
grant and state MOE funds to this purpose. 7

               Figure 1. Uses of TANF Funds by Spending Category, FY2019
                                              (Dollars in billions)




    Source: Congressional Research Service (CRS), based on data posted to the U.S. Department of Health and
    Human Services (HHS) website on October 22, 2020.


6 For additional details on T ANF financing, see CRS Report RL32748, The Temporary Assistance for Needy Families

(TANF) Block Grant: A Primer on TANF Financing and Federal Requirements.
7 For data on FY2019 T ANF expenditures by category and state, see T able B-1 and T able B-2 in CRS Report

RL32760, The Temporary Assistance for Needy Families (TANF) Block Grant: Responses to Frequently Asked
Questions.



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                                              TANF and Proposed COVID-19 Pandemic Economic Relief: In Brief




     Notes: Categories may not add to total because of rounding. Excludes TANF funds used in the territories and in
     tribal TANF programs.


TANF and Economic Downturns
To provide states with additional funding in the event of an economic downturn, PRWORA
established a $2 billion TANF contingency fund. This fund provides matching grants to states if
they meet certain requirements related to extra state spending, high and increasing
unemployment, or high and increasing caseloads in the Supplemental Nutrition Assistance
Program (SNAP). The contingency fund allows grants to be used for any TANF benefit or
service.
The original $2 billion appropriation to the TANF contingency fund was exhausted during the
period of high unemployment associated with the 2007-2009 recession. Since then, Congress has
funded the contingency fund with annual appropriations. The FY2021 appropriation to the
contingency fund is $608 million, an amount expected to be exhausted in spring 2021. 8
In 2009, facing the exhaustion of the contingency fund and other concerns about its eligibility
criteria and uses, Congress established the Emergency Contingency Fund (ECF) in the American
Recovery and Reinvestment Act (ARRA, P.L. 111-5). 9 The ECF was a $5 billion fund to help
states, territories, and tribes finance increased expenditures for basic assistance, non-recurrent
short-term aid, and subsidized employment. The ECF expired on September 30, 2010. It was not
reauthorized, nor has it received additional funding.


Proposed TANF Pandemic Emergency Assistance
Fund
The House Budget Committee-reported omnibus budget reconciliation bill would create a
temporary TANF Pandemic Emergency Assistance Fund. It would provide $1 billion to help
states, territories, and tribes finance non-recurrent short-term benefits. The legislation would
make eligible for funds the 50 states, the District of Columbia, Puerto Rico, Guam, the U.S.
Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands (CNMI),
and Indian tribes. 10 American Samoa and CNMI do not operate regular TANF programs. Their
funds would be directed to the agency that administers most of the local human services programs
in those territories.

Funding Allocation
Under the House Budget Committee-reported legislation, initial grants would be made to states
up to a set allocation amount. HHS would be given $2 million for federal administration and to
help provide technical assistance to states, territories, and tribes. After the amount for technical
assistance is set aside, 7.5% of the remaining funds would be provided to the territories and

8 As of February 3, 2021, states received cumulative FY2021 contingency fund grants of $384.9 million from the

FY2021 appropriation of $608 million. Grants are being made at a rate of $77 million per month. At this rate, the
FY2021 appropriation to the contingency fund will be exhausted in May 2021.
9
 For a discussion of the 2009 T ANF Emergency Contingency Fund, see CRS Report R41078, The TANF Emergency
Contingency Fund.
10 T he funds provided to Puerto Rico, Guam, and the U.S. Virgin Islands would be excluded from the statutory (Sec tion

1108 of the Social Security Act) limits on public assistance funding provided to these jurisdictions.




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                                              TANF and Proposed COVID-19 Pandemic Economic Relief: In Brief




 Indian tribes and 92.5% of the remaining funds would be allotted to the 50 states and the District
 of Columbia. 11
 Funds to the 50 states and District of Columbia ($923.150 million) would be allocated as follows:
            50% of funds would be allocated based on each state’s total child (under age 18)
             population as a percentage of the total child population of the 50 states and
             District of Columbia; and
            50% of funds would be allocated based on each state’s FY2019 expenditures on
             basic assistance, non-recurrent short-term benefits, emergency assistance, and
             emergency services as a percentage of the total expenditures for these categories
             in the 50 states and District of Columbia. 12
 Under the proposed Pandemic Emergency Assistance Fund, funds that are not used by a state
 would be reallocated to other states. Thus, after the reallocation of unused funds, the actual
 amounts received by some states might differ from the estimated allotments.
 Table 1 provides the Congressional Research Service’s estimates of the initial allocation of
 TANF Pandemic Emergency Assistance Funds to the states. These estimates are provided solely
 to assist in comparisons of the relative impact of funding levels and alternative formulas in the
 legislative process. The data used in providing the allocation estimates are discussed in the note to
 Table 1. Should HHS use different data, the allocations to the states would likely also differ.
 The table shows these estimates relative to the TANF state family assistance grant. Its final
 column shows how much pandemic emergency assistance funds would increase TANF funding
 above the amount provided by the state family assistance grant.

         Table 1. Estimated Initial Allocations for a Proposed Temporary Assistance for
                Needy Families (TANF) Pandemic Emergency Assistance Fund



                                                                                                       Pandemic
                                                                            Estimated                 Emergency
                                                                             Pandemic             Assistance Funds as
                                                State Family                Emergency             a Percentage of the
                                              Assistance Grant,           Assistance Fund            State Family
                                                   FY2019                   Allocation            Assistance Grant in
                 State                         (millions of $)             (millions of $)              FY2019

Alabama                                                     $93.007                    $10.149                      10.9%
Alaska                                                       44.397                      3.349                          7.5
Arizona                                                     199.407                     14.496                          7.3
Arkansas                                                     56.546                      4.996                          8.8
California                                                3,635.563                    202.289                          5.6
Colorado                                                    135.608                     13.469                          9.9
Connecticut                                                 265.908                      8.298                          3.1



 11 Funding to territories and tribes would be allocated as the HHS Secretary deems appropriate based on the needs of

 the territory or tribe involved.
 12 Non-recurrent short -term benefits, emergency assistance, and emergency services comprise the CRS-tabulated

 category “Emergency and Short -T erm Benefits” shown in Figure 1.



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                                   TANF and Proposed COVID-19 Pandemic Economic Relief: In Brief




                                                                                    Pandemic
                                                            Estimated              Emergency
                                                             Pandemic          Assistance Funds as
                                     State Family           Emergency          a Percentage of the
                                   Assistance Grant,      Assistance Fund         State Family
                                        FY2019              Allocation         Assistance Grant in
                 State              (millions of $)        (millions of $)           FY2019

Delaware                                       32.184                  2.063                  6.4
District of Columbia                           92.304                 14.598                 15.8
Florida                                       560.484                 35.367                  6.3
Georgia                                       329.650                 21.935                  6.7
Hawaii                                         98.578                  4.189                  4.2
Idaho                                          30.307                  4.060                 13.4
Illinois                                      583.126                 20.398                  3.5
Indiana                                       206.117                 10.671                  5.2
Iowa                                          130.558                  6.344                  4.9
Kansas                                        101.478                  5.126                  5.1
Kentucky                                      180.689                 17.303                  9.6
Louisiana                                     163.431                  8.361                  5.1
Maine                                          76.847                  3.840                  5.0
Maryland                                      228.342                 17.667                  7.7
Massachusetts                                 457.855                 27.655                  6.0
Michigan                                      772.794                 18.956                  2.5
Minnesota                                     259.569                 14.264                  5.5
Mississippi                                    86.481                  4.741                  5.5
Missouri                                      216.335                 14.463                  6.7
Montana                                        37.889                  2.725                  7.2
Nebraska                                       56.627                  4.432                  7.8
Nevada                                         43.762                  6.774                 15.5
New Hampshire                                  38.394                  4.107                 10.7
New Jersey                                    402.702                 17.197                  4.3
New Mexico                                    109.920                  6.359                  5.8
New York                                    2,434.869               127.908                   5.3
North Carolina                                300.438                 16.780                  5.6
North Dakota                                   26.313                  1.369                  5.2
Ohio                                          725.566                 33.776                  4.7
Oklahoma                                      144.793                  7.114                  4.9
Oregon                                        165.835                 12.170                  7.3
Pennsylvania                                  717.125                 26.408                  3.7



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                                                 TANF and Proposed COVID-19 Pandemic Economic Relief: In Brief




                                                                                                            Pandemic
                                                                                Estimated                  Emergency
                                                                                 Pandemic              Assistance Funds as
                                                    State Family                Emergency              a Percentage of the
                                                  Assistance Grant,           Assistance Fund             State Family
                                                       FY2019                   Allocation             Assistance Grant in
                   State                           (millions of $)             (millions of $)               FY2019

Rhode Island                                                     94.292                       4.332                       4.6
South Carolina                                                   99.638                      10.115                      10.2
South Dakota                                                     21.207                       2.285                      10.8
Tennessee                                                       190.892                      12.939                       6.8
Texas                                                           484.652                      49.441                      10.2
Utah                                                             75.356                       7.320                       9.7
Vermont                                                          47.197                       1.614                       3.4
Virginia                                                        157.763                      15.711                      10.0
Washington                                                      379.058                      22.635                       6.0
West Virginia                                                   109.813                       4.591                       4.2
Wisconsin                                                       312.846                      14.472                       4.6
Wyoming                                                          18.429                       1.529                       8.3
Subtotal, 50 States and District of Columbia                16,232.943                     923.150                        5.7
Territories and Tribal Set-Aside                                277.497                      74.850                      27.0
Technical Assistance                                                                          2.000
Totals                                                      16,510.439                   1,000.000                        6.1

        Source: Congressional Research Service (CRS) estimates based on data from the U.S. Department of Health
        and Human Services (HHS) and the U.S. Census Bureau.
        Notes: These estimates are based on specific sources of information. If the HHS uses different data, the
        allocations to the states would likely also differ. The “state family assistance grant” shown in the table for the 50
        states and the District of Columbia reflects the state family assistance grant minus the amount used for tribal
        TANF grants in FY2019 (the last year for which actual data are available) and are taken from HHS,
        Administration for Children and Families, FY2021 Justification of Estimates for Appropriations Committees. The
        expenditure information used to calculate Pandemic Emergency Assistance Fund estimates is from the FY2019
        expenditure data reported to HHS under Section 411 of the Social Security Act and posted to the HHS website
        on October 22, 2020. The expenditure categories are based on form ACF-196-R, and the expenditures used
        were the sum of the following reported categories: (1) basic assistance, (2) non-recurrent short-term benefits,
        (3) emergency assistance authorized solely under prior law, and (4) emergency services authorized solely under
        prior law. (Prior law refers to the legal context before PRWORA was enacted.) The child population data used
        to calculate Pandemic Emergency Assistance Fund estimates are the state resident population estimates for July
        1, 2019, released in June 2020.


 Use of Funds
 States, territories, and tribes may use funds provided under the House Budget Committee-
 reported legislation only for non-recurrent short-term benefits and the administrative costs of




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                                               TANF and Proposed COVID-19 Pandemic Economic Relief: In Brief




providing them. Non-recurrent short-term benefits are defined in OMB-approved Form ACF-
196R. 13 This form’s instructions define the benefits as short-term benefits being made:
          To families in the form of cash, vouchers, subsidies, or similar form of payment to deal
          with a specific crisis situation or episode of need and excluded from the definition of
          assistance on that basis. This category includes [state] expenditures such as emergency
          assistance and diversion payments, emergency housing and short-term homelessness
          assistance, emergency food aid, short-term utilities payments, burial assistance, clothing
          allowances, and back-to-school payments.14
In FY2019, states spent more than $955 million in total on non-recurrent short-term benefits
using federal TANF and state MOE funding. Non-recurrent short-term benefits are sometimes
provided in lieu of basic assistance, though states may provide such benefits to recipients in
addition to ongoing basic assistance. As with ongoing basic assistance, states determine whether a
family qualifies as financially needy and the amount of non-recurrent short-term assistance.
The exclusion of non-recurrent short-term benefits from the definition of assistance means these
benefits are not subject to a number of provisions applicable to basic assistance under TANF. For
example,
         the federal TANF time limit on assistance does not apply to non-recurrent short-
          term benefits (the time limit generally bars states from using federal TANF funds
          to provide assistance to a family containing an adult who has already received
          five years of assistance);
         recipients of non-recurrent short-term benefits do not count toward the federal
          TANF work requirement, under which states must assess, engage, sanction, and
          meet numerical work activity participation rates for families receiving assistance;
         recipients of non-recurrent short-term benefits are not required to cooperate with
          child support enforcement and assign (i.e., legally turn over) their child support
          to the state, as is generally required for families receiving TANF assistance;
         TANF prohibitions on providing assistance to unwed teenaged parents who are
          not living in an adult-supervised setting, teenagers who have not completed high
          school and are not making satisfactory progress toward doing so, individuals who
          have been convicted of a felony drug offense, and fugitive felons and parole
          violators do not apply to non-recurrent short-term benefits; however, lawful
          permanent residents who entered the United States within the past five years,
          nonimmigrants, and unauthorized aliens are ineligible for these and other TANF
          benefits; and
         states are not required to provide the federal government with certain information
          on recipients of non-recurrent short-term benefits, including caseload counts and
          recipient-level information, such as demographics, work activity hours, and
          financial circumstances, on families receiving assistance.
States would be limited to using no more than 15% of the allocations from the Pandemic
Emergency Assistance Fund for administrative costs. Tribes and territories would be exempt from
this limit.

13 T here is also a regulatory definition of non-recurrent short-term benefits at 45 C.F.R. §260.31(b)(1). T hat definition

is similar, but not identical, to the definition on the ACF-196R. T he legislation specifies that the definition on the ACF-
196R be used to administer the Pandemic Emergency Assistance Fund.
14 Diversion in this context typically refers to a lump-sum payment offered to families in lieu of ongoing basic T ANF

assistance.



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                                        TANF and Proposed COVID-19 Pandemic Economic Relief: In Brief




Other Rules Related to the Pandemic Emergency Assistance Fund
To receive their full allotment of funds, states and tribes would be required to inform HHS
whether they intend to use their full allotments. States would be required to expend grants from
their initial allocation by September 30, 2022. Funds received through the allotment of unused
funds would have to be spent within a year. The House Budget Committee-reported legislation
includes language requiring that the Pandemic Emergency Assistance Fund be used to
supplement, not supplant, existing federal and state funds used to provide TANF benefits and
services. HHS is authorized to collect data on expenditures made from the funds.




Author Information

Gene Falk                                            Patrick A. Landers
Specialist in Social Policy                          Analyst in Social Policy




Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
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