IIB
112th CONGRESS
1st Session
H. R. 3659
IN THE SENATE OF THE UNITED STATES
December 15, 2011
Received; read twice and referred to the Committee on Finance
AN ACT
To reauthorize the program of block grants to States for temporary assistance for needy families through fiscal year 2012, and for other purposes.
Short title
This Act may be cited as the
Welfare Integrity and Data Improvement
Act
.
Table of contents
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Extension of program.
Sec. 4. Data standardization.
Sec. 5. Spending policies for assistance under State TANF programs.
Sec. 6. Technical corrections.
Extension of program
Family assistance grants
Section 403(a)(1) of the Social Security Act (42 U.S.C. 603(a)(1) is amended—
in subparagraph
(A), by striking each of fiscal years 1996
and all that follows
through 2003
and inserting fiscal year
2012
;
in subparagraph (B)—
by inserting
(as in effect just before the enactment of the Welfare Integrity and
Data Improvement Act)
after this paragraph
the 1st place
it appears; and
by inserting (as so in
effect)
after this paragraph
the 2nd place it appears;
and
in subparagraph (C), by striking
2003
and inserting 2012
.
Healthy marriage promotion and responsible fatherhood grants
Section 403(a)(2)(D)
of such Act (42
U.S.C. 603(a)(2)(D)) is amended by striking 2011
and inserting 2012
.
Maintenance of effort requirement
Section 409(a)(7) of such Act (42 U.S.C. 609(a)(7)) is amended—
in subparagraph
(A), by striking fiscal year
and all that follows through
2013
and inserting a fiscal year
; and
in subparagraph (B)(ii)—
by striking
for fiscal years 1997 through 2012,
; and
by striking
407(a) for the fiscal year,
and inserting 407(a),
.
Tribal grants
Section 412(a) of such Act (42 U.S.C. 612(a)) is amended in each
of paragraphs (1)(A) and (2)(A) by striking each of fiscal years
1997
and all that follows through 2003
and inserting
fiscal year 2012
.
Studies and demonstrations
Section 413(h)(1) of such Act (42 U.S.C. 613(h)(1))
is amended by striking each of fiscal years 1997 through 2002
and inserting fiscal year 2012
.
Census bureau study
Section 414(b) of such Act (42 U.S.C. 614(b)) is amended by
striking each of fiscal years 1996
and all that follows through
2003
and inserting fiscal year 2012
.
Child care entitlement
Section 418(a)(3) of such Act (42 U.S.C. 618(a)(3))
is amended by striking appropriated
and all that follows and
inserting appropriated $2,917,000,000 for fiscal year
2012.
.
Grants to territories
Section 1108(b)(2) of such Act (42 U.S.C.
1308(b)(2)) is amended by striking for fiscal years 1997
through 2003
and inserting fiscal year 2012
.
Prevention of duplicate appropriations for fiscal year 2012
Expenditures made pursuant to the Short-Term TANF Extension Act (Public Law 112–35) for fiscal year 2012 shall be charged to the applicable appropriation or authorization provided by the amendments made by this section for such fiscal year.
Effective date
This section and the amendments made by this section shall take effect on the date of the enactment of this Act.
Data standardization
In general
Section 411 of the Social Security Act (42 U.S.C. 611) is amended by adding at the end the following:
Data standardization
Standard data elements
Designation
The Secretary, in consultation with an interagency work group which shall be established by the Office of Management and Budget, and considering State and tribal perspectives, shall, by rule, designate standard data elements for any category of information required to be reported under this part.
Requirements
In designating the standard data elements, the Secretary shall, to the extent practicable—
ensure that the data elements are nonproprietary and interoperable;
incorporate interoperable standards developed and maintained by an international voluntary consensus standards body, as defined by the Office of Management and Budget, such as the International Organization for Standardization;
incorporate interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model; and
incorporate interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance, such as the Federal Acquisition Regulatory Council.
Data reporting standards
Designation
The Secretary, in consultation with an interagency work group established by the Office of Management and Budget, and considering State and tribal perspectives, shall, by rule, designate standards to govern the data reporting required under this part.
Requirements
In designating the data reporting standards, the Secretary shall, to the extent practicable, incorporate existing nonproprietary standards, such as the eXtensible Business Reporting Language. Such standards shall, to the extent practicable—
incorporate a widely-accepted, nonproprietary, searchable, computer-readable format;
be consistent with and implement applicable accounting principles; and
be capable of being continually upgraded as necessary.
.
Applicability
The amendments made by this subsection shall apply with respect to information required to be reported on or after October 1, 2012.
Spending policies for assistance under State TANF programs
State requirement
Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following:
State requirement to prevent unauthorized spending of benefits
In general
A State to which a grant is made under section 403 shall maintain policies and practices as necessary to prevent assistance provided under the State program funded under this part from being used in any electronic benefit transfer transaction in—
any liquor store;
any casino, gambling casino, or gaming establishment; or
any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment.
Definitions
For purposes of subparagraph (A)—
Liquor store
The term liquor store means any retail establishment which sells exclusively or primarily intoxicating liquor. Such term does not include a grocery store which sells both intoxicating liquor and groceries including staple foods (within the meaning of section 3(r) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(r))).
Casino, gambling casino, or gaming establishment
The terms casino, gambling casino, and gaming establishment do not include a grocery store which sells groceries including such staple foods and which also offers, or is located within the same building or complex as, casino, gambling, or gaming activities.
Electronic benefit transfer transaction
The term electronic benefit transfer transaction means the use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or a service.
.
Penalty
Section 409(a) of such Act (42 U.S.C. 609(a)) is amended by adding at the end the following:
Penalty for failure to enforce spending policies
In general
If, within 2 years after the date of the enactment of this paragraph, any State has not reported to the Secretary on such State's implementation of the policies and practices required by section 408(a)(12), or the Secretary determines, based on the information provided in State reports, that any State has not implemented and maintained such policies and practices, the Secretary shall reduce, by an amount equal to 5 percent of the State family assistance grant, the grant payable to such State under section 403(a)(1) for—
the fiscal year immediately succeeding the year in which such 2-year period ends; and
each succeeding fiscal year in which the State does not demonstrate that such State has implemented and maintained such policies and practices.
Reduction of applicable penalty
The Secretary may reduce the amount of the reduction required under subparagraph (A) based on the degree of noncompliance of the State.
State not responsible for individual violations
Fraudulent activity by any individual in an attempt to circumvent the policies and practices required by section 408(a)(12) shall not trigger a State penalty under subparagraph (A).
.
Conforming amendment
Section 409(c)(4) of such Act (42 U.S.C. 609(c)(4)) is amended by
striking or (13)
and inserting (13), or
(16)
.
Technical corrections
Section
404(d)(1)(A) of the Social Security Act (42 U.S.C. 604(d)(1)(A)) is amended
by striking subtitle 1 of Title
and inserting Subtitle 1
of title
.
Sections 407(c)(2)(A)(i) and 409(a)(3)(C)
of such Act (42
U.S.C. 607(c)(2)(A)(i) and 609(a)(3)(C)) are each amended by
striking 403(b)(6)
and inserting
403(b)(5)
.
Section 409(a)(2)(A) of such Act (42 U.S.C. 609(a)(2)(A)) is amended by moving clauses (i) and (ii) 2 ems to the right.
Section 409(c)(2)
of such Act (42
U.S.C. 609(c)(2)) is amended by inserting a comma after
appropriate
.
Section 411(a)(1)(A)(ii)(III) of such Act (42 U.S.C. 611(a)(1)(A)(ii)(III)) is amended by striking the last close parenthesis.
Passed the House of Representatives December 15, 2011.
Karen L. Haas,
Clerk