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42 U.S.C. § 611 — Data collection and reporting

submitted 91 years ago by Pub. L. 104-193 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 3,201 words · no verdicts yet

in plain englishAI-generated · not legal advice

States must collect and report detailed information about assistance families, including demographics, income, activities, benefits, and case exits. The Secretary and Congress also receive annual, special-period, performance, and data-standard reports.

(a) States must collect monthly and report quarterly disaggregated case information about families receiving assistance under this part or programs using qualified State expenditures, excluding section 603(a)(5) activities. The data must cover residence county; listed disability benefits; ages; family size and relationships; employment and earnings; marital status; race and education of adults and children; housing, medical, nutrition, and child-care benefits and amounts; months of assistance; adult participation and weekly hours in education, subsidized and unsubsidized work, public work or service, job search, training, and vocational education; section 607 participation data; assistance types, amounts, reductions, and sanctions; unearned income; citizenship; sampled closed-case exits and reasons (employment, marriage, section 608(a)(7), sanction, or State policy); and whether each member under 20 is a parent. A State may use an approved scientific sample; the Secretary must provide sampling and collection methods for valid estimates and may verify quality. Reports must separately state Federal administrative or overhead percentages, State needy-family spending, section 603(a)(5) amounts, noncustodial parents in work activities, transitional-service spending and descriptions, and monthly numbers and dollar values of recipient families and section 603(a)(5) participants and terminations. The Secretary must define data elements by regulation and consult Labor. (b) After fiscal year 1997 and every year after, the Secretary must report State participation and employment, earnings, child-support, pregnancy, and child-poverty objectives; family demographic and financial traits; State-program traits; and employment and earnings trends. (c) Pre-reauthorization State-by-State reports on engagement in additional work activities and expenditures for other benefits and services. Each eligible State must submit two reports to the Secretary. (1)(A)(i) No later than May 31, 2011, the State must submit a report for March 1 through March 31, 2011. The report must contain the information in (B) and (C). (ii) No later than August 31, 2011, the State must submit a report for April 1 through June 30, 2011. For each of those three months, it must contain the average monthly numbers for the information in (B), and it must contain the information in (C). (B)(i) For each work-eligible individual in a family receiving assistance during a reporting period, the report must say whether, during a month in that period, the individual took part in any activity directed toward self-sufficiency. If so, it must identify each specific activity that (I) is not a “work activity” under section 607(d) of this title but is otherwise reasonably calculated to help the family move toward self-sufficiency, or (II) is the type of activity that would count toward the State’s participation rates under section 607 of this title except that (aa) the individual did not participate for enough hours, (bb) the individual reached the maximum time limit for counting participation in that activity toward the State’s work participation rate, or (cc) the number of work-eligible individuals in the activity exceeds a limit under section 607. (ii) The report must also include any other information about the information required under clause (i) that the Secretary considers appropriate. This may include, when an individual has no participation hours, the principal reason or reasons for that nonparticipation. (C)(i) The report must include detailed, separated information about the types and amounts of State expenditures during the reporting period using (I) Federal funds provided under section 603 that the State reports, or will report, on Form ACF-196 or a successor form as “other expenditures” or as benefits or services provided under section 604(a)(2), or (II) State funds spent to meet section 609(a)(7) and reported as “other expenditures” on that form. (ii) It must also include any other information about those expenditures that the Secretary considers appropriate. (2) At the same time it submits each report, the State must publish on a State agency website, or another State-maintained website approved by the Secretary, (A) a summary of the report, (B) an analysis of how the report changes the measures of total engagement in work activities from what the State reported, or will report, in the comparable quarterly report under subsection (a), and (C) a description of the most common activities in the report that do not count toward the State participation rates under section 607. (3) The sampling authority in subsection (a)(1)(B) applies to these reports in the same way it applies to the reports required under subsection (a)(1)(A). (4)(A) No later than June 30, 2011, the Secretary must send Congress a report about the information eligible States submitted for the March 2011 period. The report must include a State-by-State summary and analysis, identify States with missing or incomplete reports, and recommend administrative or legislative changes the Secretary considers necessary to require recurring reports. (B) No later than September 30, 2011, the Secretary must send Congress a report about the information eligible States submitted for the April-June 2011 period. It must include the same State-by-State summary and analysis, identification of missing or incomplete reports, and recommendations for recurring reporting. (5) The requirements of chapter 5 of title 5, commonly called the “Administrative Procedure Act,” and any other law about rulemaking or Federal Register publication do not apply to guidance or instructions the Secretary issues to implement this subsection to the extent the Secretary decides that compliance would impede expeditious implementation. (d) The Secretary must designate, with OMB, State, and Tribal input, nonproprietary interoperable data standards, using accepted international, intergovernmental, Federal, searchable computer-readable, accounting, upgradeable, and existing standards such as XML when practicable. (e) The Secretary may select up to five grant States for a six-year pilot measuring work and family outcomes, including second-quarter employment and second- and fourth-quarter earnings. Targets use baseline and comparison data; two successive years of failure require a corrective plan or agreed adjustment. The pilot replaces section 607 for its years, requires sanctions for unjustified refusal to participate, requires data collection, and requires initial and final congressional reports. (f) For 2025 and later, States must report second-quarter employment after exit, fourth-quarter retention, median second-quarter earnings, and under-24 students’ diploma or equivalent attainment during assistance or within one year after exit. “Exit” means stopping assistance under the part. The Secretary must regulate reporting for national comparability.

the actual law source: uscode.house.gov ↗public domain
(a) Quarterly reports by States
(1) General reporting requirement
(A) Contents of report

Each eligible State shall collect on a monthly basis, and report to the Secretary on a quarterly basis, the following disaggregated case record information on the families receiving assistance under the State program funded under this part (except for information relating to activities carried out under section 603(a)(5) of this title) or any other State program funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title):

(i)

The county of residence of the family.

(ii)

Whether a child receiving such assistance or an adult in the family is receiving—

(I)

Federal disability insurance benefits;

(II)

benefits based on Federal disability status;

(III)

aid under a State plan approved under subchapter XIV (as in effect without regard to the amendment made by section 301 of the Social Security Amendments of 1972);

(IV)

aid or assistance under a State plan approved under subchapter XVI (as in effect without regard to such amendment) by reason of being permanently and totally disabled; or

(V)

supplemental security income benefits under subchapter XVI (as in effect pursuant to such amendment) by reason of disability.

(iii)

The ages of the members of such families.

(iv)

The number of individuals in the family, and the relation of each family member to the head of the family.

(v)

The employment status and earnings of the employed adult in the family.

(vi)

The marital status of the adults in the family, including whether such adults have never married, are widowed, or are divorced.

(vii)

The race and educational level of each adult in the family.

(viii)

The race and educational level of each child in the family.

(ix)

Whether the family received subsidized housing, medical assistance under the State plan approved under subchapter XIX, supplemental nutrition assistance program benefits, or subsidized child care, and if the latter 2, the amount received.

(x)

The number of months that the family has received each type of assistance under the program.

(xi)

If the adults participated in, and the number of hours per week of participation in, the following activities:

(I)

Education.

(II)

Subsidized private sector employment.

(III)

Unsubsidized employment.

(IV)

Public sector employment, work experience, or community service.

(V)

Job search.

(VI)

Job skills training or on-the-job training.

(VII)

Vocational education.

(xii)

Information necessary to calculate participation rates under section 607 of this title.

(xiii)

The type and amount of assistance received under the program, including the amount of and reason for any reduction of assistance (including sanctions).

(xiv)

Any amount of unearned income received by any member of the family.

(xv)

The citizenship of the members of the family.

(xvi)

From a sample of closed cases, whether the family left the program, and if so, whether the family left due to—

(I)

employment;

(II)

marriage;

(III)

the prohibition set forth in section 608(a)(7) of this title;

(IV)

sanction; or

(V)

State policy.

(xvii)

With respect to each individual in the family who has not attained 20 years of age, whether the individual is a parent of a child in the family.

(B) Use of samples
(i) Authority

A State may comply with subparagraph (A) by submitting disaggregated case record information on a sample of families selected through the use of scientifically acceptable sampling methods approved by the Secretary.

(ii) Sampling and other methods

The Secretary shall provide the States with such case sampling plans and data collection procedures as the Secretary deems necessary to produce statistically valid estimates of the performance of State programs funded under this part and any other State programs funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title). The Secretary may develop and implement procedures for verifying the quality of data submitted by the States.

(2) Report on use of Federal funds to cover administrative costs and overhead

The report required by paragraph (1) for a fiscal quarter shall include a statement of the percentage of the funds paid to the State under this part for the quarter that are used to cover administrative costs or overhead, with a separate statement of the percentage of such funds that are used to cover administrative costs or overhead incurred for programs operated with funds provided under section 603(a)(5) of this title.

(3) Report on State expenditures on programs for needy families

The report required by paragraph (1) for a fiscal quarter shall include a statement of the total amount expended by the State during the quarter on programs for needy families, with a separate statement of the total amount expended by the State during the quarter on programs operated with funds provided under section 603(a)(5) of this title.

(4) Report on noncustodial parents participating in work activities

The report required by paragraph (1) for a fiscal quarter shall include the number of noncustodial parents in the State who participated in work activities (as defined in section 607(d) of this title) during the quarter, with a separate statement of the number of such parents who participated in programs operated with funds provided under section 603(a)(5) of this title.

(5) Report on transitional services

The report required by paragraph (1) for a fiscal quarter shall include the total amount expended by the State during the quarter to provide transitional services to a family that has ceased to receive assistance under this part because of employment, along with a description of such services.

(6) Report on families receiving assistance

The report required by paragraph (1) for a fiscal quarter shall include for each month in the quarter—

(A)

the number of families and individuals receiving assistance under the State program funded under this part (including the number of 2-parent and 1-parent families);

(B)

the total dollar value of such assistance received by all families; and

(C)

with respect to families and individuals participating in a program operated with funds provided under section 603(a)(5) of this title—

(i)

the total number of such families and individuals; and

(ii)

the number of such families and individuals whose participation in such a program was terminated during a month.

(7) Regulations

The Secretary shall prescribe such regulations as may be necessary to define the data elements with respect to which reports are required by this subsection, and shall consult with the Secretary of Labor in defining the data elements with respect to programs operated with funds provided under section 603(a)(5) of this title.

(b) Annual reports to Congress by Secretary

Not later than 6 months after the end of fiscal year 1997, and each fiscal year thereafter, the Secretary shall transmit to the Congress a report describing—

(1)

whether the States are meeting—

(A)

the participation rates described in section 607(a) of this title; and

(B)

the objectives of—

(i)

increasing employment and earnings of needy families, and child support collections; and

(ii)

decreasing out-of-wedlock pregnancies and child poverty;

(2)

the demographic and financial characteristics of families applying for assistance, families receiving assistance, and families that become ineligible to receive assistance;

(3)

the characteristics of each State program funded under this part; and

(4)

the trends in employment and earnings of needy families with minor children living at home.

(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 607(d) of this title 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 607 of this title 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 603 of this title 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 604(a)(2) of this title; or

(II)

State funds expended to meet the requirements of section 609(a)(7) of this title 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 607 of this title.

(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 1

(5) Authority for expeditious implementation

The requirements of chapter 5 of title 5 (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.

(d) Data exchange standardization for improved interoperability
(1) Data exchange standards
(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 a data exchange standard for any category of information required to be reported under this part.

(B) Data exchange standards must be nonproprietary and interoperable

The data exchange standard designated under subparagraph (A) shall, to the extent practicable, be nonproprietary and interoperable.

(C) Other requirements

In designating data exchange standards under this section, the Secretary shall, to the extent practicable, incorporate—

(i)

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;

(ii)

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

(iii)

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

(2) Data exchange standards for reporting
(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 data exchange standards to govern the data reporting required under this part.

(B) Requirements

The data exchange standards required by subparagraph (A) 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.

(C) Incorporation of nonproprietary standards

In designating reporting standards under this paragraph, the Secretary shall, to the extent practicable, incorporate existing nonproprietary standards, such as the eXtensible Markup Language.

(e) Pilot projects for promoting accountability by measuring work outcomes
(1) In general

The Secretary shall carry out a pilot program under which the Secretary may select up to 5 States to which a grant is made under section 603(a) of this title for a fiscal year to negotiate performance benchmarks for work and family outcomes for recipients of assistance under the State program funded under this part, and programs funded with qualified State expenditures. The Secretary shall issue guidance on how States apply for participation in the pilot. The benchmarks shall include—

(A)

the percentage of work-eligible individuals under the State program funded under this part who are in unsubsidized employment during the 2nd quarter after exiting the program;

(B)

the level of earnings of such individuals in the 2nd and 4th quarters after exit; and

(C)

other indicators of family stability and well-being as established by the Secretary.

(2) Level of performance benchmark

The Secretary and a State selected under paragraph (1) shall agree to the requisite level of performance on these benchmarks after developing baseline data in the State and comparative data in other States.

(3) Failure of State to meet benchmark

If a State fails to meet a measured benchmark standard agreed to under paragraph (2) for 2 successive fiscal years, the State, in order to continue in the pilot shall enter into a plan with the Secretary to achieve the required level of performance or, if mutually agreed to, adjust the benchmark based on new information about the feasibility of meeting such benchmark.

(4) Duration

The pilot under this subsection shall be in effect for 6 fiscal years, with one year to establish benchmark data and negotiate targets and five years to measure performance against the targets, and shall supersede the requirements under section 607 of this title for such fiscal years, notwithstanding any other provision of law.

(5) Application of penalty for failure to reduce assistance for recipients refusing without good cause to work

For purposes of section 609(a)(14) of this title, a State operating a pilot must have a system for reducing the amount of assistance payable to a family if an individual refuses, without good cause (including for reasons described in 607(e)(2) 2 of this title), to engage in any such activities as the State has required of such an individual. A State without such a system shall be considered to have failed to comply with the requirements of section 607(e) of this title for so long as the failure to comply continues.

(6) Collection of performance data

Each State selected under paragraph (1), in consultation with the Secretary, shall collect and submit to the Secretary data on the performance of the State operating such a pilot program.

(7) Reports
(A) Initial report

Not later than 12 months after June 3, 2023, the Secretary shall submit a report to Congress on the status of the program under this section.

(B) Final report

Not later than 12 months after the date on which the programs under this section have terminated, the Secretary shall submit a comprehensive report to Congress on outcomes achieved under such programs.

(f) Reporting performance indicators
(1) In general

Each State, in consultation with the Secretary, shall collect and submit to the Secretary the information necessary for each indicator described in paragraph (2), for fiscal year 2025 and each fiscal year thereafter.

(2) Indicators of performance

The indicators described in this paragraph for a fiscal year are the following:

(A)

The percentage of individuals who were work-eligible individuals as of the time of exit from the program, who are in unsubsidized employment during the second quarter after the exit.

(B)

The percentage of individuals who were work-eligible individuals who were in unsubsidized employment in the second quarter after the exit, who are also in unsubsidized employment during the fourth quarter after the exit.

(C)

The median earnings of individuals who were work-eligible individuals as of the time of exit from the program, who are in unsubsidized employment during the second quarter after the exit.

(D)

The percentage of individuals who have not attained 24 years of age, are attending high school or enrolled in an equivalency program, and are work-eligible individuals or were work-eligible individuals as of the time of exit from the program, who obtain a high school degree or its recognized equivalent while receiving assistance under the State program funded under this part or within 1 year after the exit.

(3) Definition of exit

In paragraph (2), the term “exit” means, with respect to a State program funded under this part, ceases to receive assistance under the program funded by this part.

(4) Regulations

In order to ensure nationwide comparability of data, the Secretary, after consultation with the Secretary of Labor and with States, shall issue regulations governing the reporting of performance indicators under this subsection.

Source credit: (Aug. 14, 1935, ch. 531, title IV, § 411, as added Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2148; amended Pub. L. 105–33, title V, §§ 5001(e), 5507, 5514(c), Aug. 5, 1997, 111 Stat. 591, 616, 620; Pub. L. 106–113, div. B, § 1000(a)(4) [title VIII, § 804(a)], Nov. 29, 1999, 113 Stat. 1535, 1501A–284; Pub. L. 109–171, title VII, § 7102(b)(2), Feb. 8, 2006, 120 Stat. 136; Pub. L. 110–234, title IV, § 4002(b)(1)(E), (2)(V), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(E), (2)(V), June 18, 2008, 122 Stat. 1664, 1857, 1858; Pub. L. 111–291, title VIII, § 812(a), Dec. 8, 2010, 124 Stat. 3160; Pub. L. 112–96, title IV, §§ 4003(a), 4005(e), Feb. 22, 2012, 126 Stat. 195, 198; Pub. L. 118–5, div. C, title I, §§ 302, 304, June 3, 2023, 137 Stat. 34, 35.)

history & why it existsrecord from the source credit
  • 1935Enacted · Pub. L. 104-193 · 110 Stat. 2148
  • 1997Amended · Pub. L. 105-33 · 111 Stat. 591, 616, 620
  • 1999Amended · Pub. L. 106-113 · 113 Stat. 1535, 1501
  • 2006Amended · Pub. L. 109-171 · 120 Stat. 136
  • 2008Amended · Pub. L. 110-234 · 122 Stat. 1096, 1097
  • 2008Amended · Pub. L. 110-246 · 122 Stat. 1664, 1857, 1858
  • 2010Amended · Pub. L. 111-291 · 124 Stat. 3160
  • 2012Amended · Pub. L. 112-96 · 126 Stat. 195, 198
  • 2023Amended · Pub. L. 118-5 · 137 Stat. 34, 35

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-193 on 1935-08-14.

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