INDIAN TRIBES ADMINISTERING APPROVED TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) PLANS AND OTHER INTERESTED PARTIES

Tribal TANF Data Collection and Reporting

Sections 411 and 412(h) of the Social Security Act (the Act), Section 116 of Pub.L. 104-193, the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996" (PRWORA) and Pub.L. 105-33, the Balanced Budget Act of 1997 (BBA).

The purpose of this transmittal is to notify Tribal TANF grantees of the effective date for the data collection and reporting requirements of the Tribal TANF program pursuant to section 411(a) of the Act, as amended.

Section 412(h) of title IV-A of the Social Security Act, as amended, states that the data collection and reporting requirements of section 411 of the Act apply to Tribal TANF grantees. However, neither section 412(h) nor section 411 indicate an effective date for the data collection and reporting requirements or a due date for the reports.

Section 116(a) of PRWORA indicates that the effective date for title IV-A of the Social Security Act as amended by PRWORA is July 1, 1997. This would seem to indicate that Tribal TANF grantees would need to begin collecting the required TANF data as of the implementation date of their Tribal TANF program. However, section 116(a)(2) states that the provisions of section 411(a) are delayed for States to the later of July 1, 1997 or the date that is 6 months after the date that the Secretary of Health and Human Services receives a complete State plan.

Although section 116(a) on its face seems to apply only to the States, we are interpreting this section to be applicable to Tribal grantees as well with regards to section 411(a). We base our interpretation on section 412(h) which states that section 411 applies to Tribes and the fact that section 116(a)(2) is titled "Delayed Effective Date For Certain Provisions". We interpret the language of section 116(a)(2) to mean that section 411(a) of the Act could be delayed by all entities subject to it. As the effective date of section 411(a) is delayed for States, we believe the effective date is also delayed for Tribes.

Of the sections referenced above, none mention a due date for the TANF data report required by section 411(a). Pursuant to section 409(a)(2) of the Act, as amended by the BBA, the due date for the data report required by section 411(a) from the States is no later than 45 days after the end of a quarter.

However, section 409(a)(2) is not applicable to Tribal TANF grantees. As the Act is silent on a due date for the Tribal TANF data report required by section 411(a), we must establish one. Therefore, Tribal TANF grantees must submit the data report required by section 411(a) no later than 45 days after the end of the reporting quarter.

We have developed the attached chart to help the Tribal TANF grantees determine when they must begin collecting and report the data required by section 411(a).

Tribal TANF grantees must submit all data to:

Administration for Children and Families
Office of Community Services

Division of Tribal Services
370 L'Enfant Promenade, S.W. - 5th floor
Washington, DC 20447

We are in the process of developing an interim Tribal TANF data report; however, we will need OMB approval before it can be issued. The interim data report will contain uniform reporting procedures and file formats. Until such time as the interim Tribal TANF data report is issued, Tribal TANF grantees must follow a "reasonable interpretation of the statute" when complying with the TANF data collection and reporting requirements.

July 1, 1997

ACF Regional Administrators

/s/
Donald Sykes
Director
Office of Community Services