123STA T .4 4 8PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9includ in gpro c e dure swh ich a llow St ates to m a k e reasona b le estimates , and ma y set deadlines f or making re v isions to the data .‘ ‘ (5)LIM I TA TI ON . —T he total amount payable to a single State under subsection (b) and this subsection for fiscal years 20 0 9 and 20 1 0 combined shall not e x ceed 50 percent of the annual State family assistance grant. ‘‘( 6 ) LIMITATION S ON U S E O F FUN D S.— A State to which an amount is paid under this subsection may use the amount only as authori z ed by section 4 04. ‘‘( 7 ) TIMIN G OF IM PL EMENTATION.—The Secretary shall implement this subsection as q uickly as reasonably possible, pursuant to appropriate guidance to States. ‘‘( 8 ) APPLI C ATION TO INDIAN T R I B ES.—This subsection shall apply to an I ndian tribe with an approved tribal family assist - ance plan under section 412 in the same manner as this sub- section applies to a State. ‘‘(9) D EFINITIONS.—In this subsection
‘‘(A) A V ERAGE MONT H L Y ASSISTANCE CASELOAD DEFINED.—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, sub j ect to adjustment under paragraph (4). ‘‘( B ) E MERGENCY FUND BASE YEAR.— ‘‘(i) IN GENERAL.—The term ‘emergency fund base year’ means, with respect to a State and a category described in clause (ii), whichever of fiscal year 2007 or 2008 is the fiscal year in which the amount described by the category with respect to the State is the lesser. ‘‘(ii) C ATEGORIES DESCRIBED.—The categories described in this clause are the following: ‘‘(I) The average monthly assistance caseload of the State. ‘‘(II) The total expenditures of the State for non-recurrent short term benefits, whether under the State program funded under this part or as qualified State expenditures. ‘‘(III) The total expenditures of the State for subsidized employment, whether under the State program funded under this part or as qualified State expenditures. ‘‘(C) Q UALIFIED STATE E X PENDITURES.—The term ‘quali- fied State expenditures’ has the meaning given the term in section 409(a)(7).’’. (2) R EPEAL.—Effective O ctober 1, 2010, subsection (c) of section 40 3 of the Social Security Act (42 U .S.C. 603) (as added by paragraph (1)) is repealed, except that paragraph (9) of such subsection shall remain in effect until October 1, 2011, but only with respect to section 407(b)(3)(A)(i) of such Act. (b) TEMPORARY M ODIFICATION OF CASELOAD REDUCTION CREDIT.—Section 407(b)(3)(A)(i) of such Act (42 U.S.C. 607(b)(3)(A)(i)) is amended by inserting ‘‘(or if the immediately preceding fiscal year is fiscal year 2008, 2009, or 2010, then, at State option, during the emergency fund base year of the State Ef f ectiv e da te s.
