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Text of the Welfare Integrity and Data Improvement Act

This bill was introduced in a previous session of Congress and was passed by the House on December 15, 2011 but was never passed by the Senate. The text of the bill below is as of Dec 15, 2011 (Referred to Senate Committee).

This is not the latest text of this bill.

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Source: GPO

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.

1.

Short title

This Act may be cited as the Welfare Integrity and Data Improvement Act.

2.

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.

3.

Extension of program

(a)

Family assistance grants

Section 403(a)(1) of the Social Security Act (42 U.S.C. 603(a)(1) is amended—

(1)

in subparagraph (A), by striking each of fiscal years 1996 and all that follows through 2003 and inserting fiscal year 2012;

(2)

in subparagraph (B)—

(A)

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

(B)

by inserting (as so in effect) after this paragraph the 2nd place it appears; and

(3)

in subparagraph (C), by striking 2003 and inserting 2012.

(b)

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.

(c)

Maintenance of effort requirement

Section 409(a)(7) of such Act (42 U.S.C. 609(a)(7)) is amended—

(1)

in subparagraph (A), by striking fiscal year and all that follows through 2013 and inserting a fiscal year; and

(2)

in subparagraph (B)(ii)—

(A)

by striking for fiscal years 1997 through 2012,; and

(B)

by striking 407(a) for the fiscal year, and inserting 407(a), .

(d)

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.

(e)

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.

(f)

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.

(g)

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..

(h)

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.

(i)

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.

(j)

Effective date

This section and the amendments made by this section shall take effect on the date of the enactment of this Act.

4.

Data standardization

(a)

In general

Section 411 of the Social Security Act (42 U.S.C. 611) is amended by adding at the end the following:

(d)

Data standardization

(1)

Standard data elements

(A)

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.

(B)

Requirements

In designating the standard data elements, the Secretary shall, to the extent practicable—

(i)

ensure that the data elements are nonproprietary and interoperable;

(ii)

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;

(iii)

incorporate interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model; and

(iv)

incorporate interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance, such as the Federal Acquisition Regulatory Council.

(2)

Data reporting standards

(A)

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.

(B)

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—

(i)

incorporate a widely-accepted, nonproprietary, searchable, computer-readable format;

(ii)

be consistent with and implement applicable accounting principles; and

(iii)

be capable of being continually upgraded as necessary.

.

(b)

Applicability

The amendments made by this subsection shall apply with respect to information required to be reported on or after October 1, 2012.

5.

Spending policies for assistance under State TANF programs

(a)

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:

(12)

State requirement to prevent unauthorized spending of benefits

(A)

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—

(i)

any liquor store;

(ii)

any casino, gambling casino, or gaming establishment; or

(iii)

any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment.

(B)

Definitions

For purposes of subparagraph (A)—

(i)

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))).

(ii)

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.

(iii)

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.

.

(b)

Penalty

Section 409(a) of such Act (42 U.S.C. 609(a)) is amended by adding at the end the following:

(16)

Penalty for failure to enforce spending policies

(A)

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—

(i)

the fiscal year immediately succeeding the year in which such 2-year period ends; and

(ii)

each succeeding fiscal year in which the State does not demonstrate that such State has implemented and maintained such policies and practices.

(B)

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.

(C)

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).

.

(c)

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).

6.

Technical corrections

(a)

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.

(b)

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).

(c)

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.

(d)

Section 409(c)(2) of such Act (42 U.S.C. 609(c)(2)) is amended by inserting a comma after appropriate.

(e)

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