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Code · STATUTE-COMPILATIONS · Claims Resolution Act of 2010 · Sec. 812

Sec. 812. MODIFICATIONS TO TANF DATA REPORTING

1,486 words·~7 min read·/statute-compilations/comps-13809/sec-812

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## SEC. 812 MODIFICATIONS TO TANF DATA REPORTING ###
(a)In general Section 411 of the Social Security Act (42 U.S.C. 611) is amended by adding at the end the following new subsection: > > ### “(c) Pre-reauthorization State-by-state Reports on Engagement in Additional Work Activities and Expenditures for Other Benefits and Services > > > #### “(1) State reporting requirements > > > ##### “(A) Reporting periods and deadlines > > Each eligible State shall submit to the Secretary the following reports: > > > ###### “(i) March 2011 report > > Not later than May 31, 2011, a report for the period that begins on March 1, 2011, and ends on March 31, 2011, that contains the information specified in subparagraphs
(B)and (C). > > > ###### “(ii) April-june, 2011 report > > Not later than August 31, 2011, a report for the period that begins on April 1, 2011, and ends on June 30, 2011, that contains with respect to the 3 months that occur during that period— > > > ###### “(I) > > the average monthly numbers for the information specified in subparagraph (B); and > > > ###### “(II) > > the information specified in subparagraph (C). > > > ##### “(B) Engagement in additional work activities > > > ###### “(i) > > With respect to each work-eligible individual in a family receiving assistance during a reporting period specified in subparagraph (A), whether the individual engages in any activities directed toward attaining self-sufficiency during a month occurring in a reporting period, and if so, the specific activities— > > > ###### “(I) > > that do not qualify as a work activity under section 407(d) but that are otherwise reasonably calculated to help the family move toward self-sufficiency; or > > > ###### “(II) > > that are of a type that would be counted toward the State participation rates under section 407 but for the fact that— > > > ###### “(aa) > > the work-eligible individual did not engage in sufficient hours of the activity; > > > ###### “(bb) > > the work-eligible individual has reached the maximum time limit allowed for having participation in the activity counted toward the State’s work participation rate; or > > > ###### “(cc) > > the number of work-eligible individuals engaged in such activity exceeds a limitation under such section. > > > ###### “(ii) > > Any other information that the Secretary determines appropriate with respect to the information required under clause (i), including if the individual has no hours of participation, the principal reason or reasons for such non-participation. > > > ##### “(C) Expenditures on other benefits and services > > > ###### “(i) > > Detailed, disaggregated information regarding the types of, and amounts of, expenditures made by the State during a reporting period specified in subparagraph
(A)using— > > > ###### “(I) > > Federal funds provided under section 403 that are (or will be) reported by the State on Form ACF-196 (or any successor form) under the category of other expenditures or the category of benefits or services provided in accordance with the authority provided under section 404(a)(2); or > > > ###### “(II) > > State funds expended to meet the requirements of section 409(a)(7) and reported by the State in the category of other expenditures on Form ACF-196 (or any successor form). > > > ###### “(ii) > > Any other information that the Secretary determines appropriate with respect to the information required under clause (i). > > > #### “(2) Publication of summary and analysis of engagement in additional activities > > Concurrent with the submission of each report required under paragraph (1)(A), an eligible State shall publish on an Internet website maintained by the State agency responsible for administering the State program funded under this part (or such State-maintained website as the Secretary may approve)— > > > ##### “(A) > > a summary of the information submitted in the report: > > > ##### “(B) > > an analysis statement regarding the extent to which the information changes measures of total engagement in work activities from what was (or will be) reported by the State in the quarterly report submitted under subsection
(a)for the comparable period; and > > > ##### “(C) > > a narrative describing the most common activities contained in the report that are not countable toward the State participation rates under section 407. > > > #### “(3) Application of authority to use sampling > > Subparagraph
(B)of subsection (a)(1) shall apply to the reports required under paragraph
(1)of this subsection in the same manner as subparagraph
(B)of subsection (a)(1) applies to reports required under subparagraph
(A)of subsection (a)(1). > > > #### “(4) Secretarial reports to congress > > > ##### “(A) March 2011 report > > Not later than June 30, 2011, the Secretary shall submit to Congress a report on the information submitted by eligible States for the March 2011 reporting period under paragraph (1)(A)(i). The report shall include a State-by-State summary and analysis of such information, identification of any States with missing or incomplete reports, and recommendations for such administrative or legislative changes as the Secretary determines are necessary to require eligible States to report the information on a recurring basis. > > > ##### “(B) April-june, 2011 report > > Not later than September 30, 2011, the Secretary shall submit to Congress a report on the information submitted by eligible States for the April-June 2011 reporting period under paragraph (1)(A)(ii). The report shall include a State-by-State summary and analysis of such information, identification of any States with missing or incomplete reports, and recommendations for such administrative or legislative changes as the Secretary determines are necessary to require eligible States to report the information on a recurring basis > > > #### “(5) Authority for expeditious implementation > > The requirements of chapter 5 of title 5, United States Code (commonly referred to as the ‘Administrative Procedure Act’) or any other law relating to rulemaking or publication in the Federal Register shall not apply to the issuance of guidance or instructions by the Secretary with respect to the implementation of this subsection to the extent the Secretary determines that compliance with any such requirement would impede the expeditious implementation of this subsection.” > . ###
(b)Application of Penalty for Failure To File Report ####
(1)In general Section 409(a)(2) of such Act (42 U.S.C. 609(a)(2)) is amended— #####
(A)by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (ii), respectively, #####
(B)by inserting before clause
(i)(as redesignated by paragraph (1)), the following: > > ##### “(A) Quarterly reports.—” > ; #####
(C)in clause
(ii)of subparagraph
(A)(as redesignated by paragraphs
(1)and (2)), by striking “subparagraph (A)” and inserting “clause (i)”; and #####
(D)by adding at the end the following: > > ##### “(B) Report on engagement in additional work activities and expenditures for other benefits and services > > > ###### “(i) In general > > If the Secretary determines that a State has not submitted the report required by section 411(c)(1)(A)(i) by May 31, 2011, or the report required by section 411(c)(1)(A)(ii) by August 31, 2011, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to not more than 4 percent of the State family assistance grant. > > > ###### “(ii) Rescission of penalty > > The Secretary shall rescind a penalty imposed on a State under clause
(i)with respect to a report required by section 411(c)(1)(A) if the State submits the report not later than— > > > ###### “(I) > > in the case of the report required under section 411(c)(1)(A)(i), June 15, 2011; and > > > ###### “(II) > > in the case of the report required under section 411(c)(1)(A)(ii), September 15, 2011. > > > ###### “(iii) Penalty based on severity of failure > > The Secretary shall impose a reduction under clause
(i)with respect to a fiscal year based on the degree of noncompliance.” > . ####
(2)Application of reasonable cause exception Section 409(b)(2) of such Act (42 U.S.C. 609(b)(2)) is amended by inserting before the period the following: “and, with respect to the penalty under paragraph (2)(B) of subsection (a), shall only apply to the extent the Secretary determines that the reasonable cause for failure to comply with a requirement of that paragraph is as a result of a one-time, unexpected event, such as a widespread data system failure or a natural or man-made disaster”. ####
(3)Nonapplication of corrective compliance plan provisions Section 409(c)(4) of such Act (42 U.S.C. 609(c)(4)) is amended by inserting “(2)(B),” after “paragraph”. ## Subtitle C Customs User Fees; Continued Dumping and Subsidy Offset
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Sec. 812
MODIFICATIONS TO TANF DATA REPORTING
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