Page:United States Statutes at Large Volume 124.djvu/3188

124 STAT. 3162 PUBLIC LAW 111–291—DEC. 8, 2010 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 Sep- tember 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 sum- mary and analysis of such information, identification of any States with missing or incomplete reports, and rec- ommendations for such administrative or legislative changes as the Secretary determines are necessary to require eligible States to report the information on a recur- ring basis ‘‘(5) AUTHORITY FOR EXPEDITIOUS IMPLEMENTATION.—The requirements of chapter 5 of title 5, United States Code (com- monly 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 implementa- tion 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 sec- tion 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 suc- ceeding 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