II 

112TH CONGRESS 

1ST SESSION S. 943 

To amend title IV of the Social Security Act to require States to implement 

policies to prevent assistance under the Temporary Assistance for Needy 

Families (TANF) program from being used in strip clubs, casinos, and 

liquor stores. 

IN THE SENATE OF THE UNITED STATES 

MAY 11, 2011 

Mr. HATCH (for himself and Mr. BAUCUS) introduced the following bill; which 

was read twice and referred to the Committee on Finance 

A BILL 

To amend title IV of the Social Security Act to require 

States to implement policies to prevent assistance under 

the Temporary Assistance for Needy Families (TANF) 

program from being used in strip clubs, casinos, and 

liquor stores. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Welfare Integrity Now 

5 for Children and Families Act of 2011’’ or the ‘‘WIN for 

6 Children and Families Act’’. 


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•S 943 IS

1 SEC. 2. SPENDING POLICIES FOR ASSISTANCE UNDER 

2 STATE TANF PROGRAMS. 

3 (a) STATE REQUIREMENT.—Section 408(a) of the 

4 Social Security Act (42 U.S.C. 608(a)) is amended by add5 ing at the end the following new paragraph: 

6 ‘‘(12) STATE REQUIREMENT TO PREVENT UN7 AUTHORIZED SPENDING OF BENEFITS.— 

8 ‘‘(A) IN GENERAL.—A State to which a 

9 grant is made under section 403 shall maintain 

10 policies and practices as necessary to prevent 

11 assistance provided under the State program 

12 funded under this part from being used in any 

13 transaction in— 

14 ‘‘(i) any liquor store; 

15 ‘‘(ii) any casino, gambling casino, or 

16 gaming establishment; or 

17 ‘‘(iii) any retail establishment which 

18 provides adult-oriented entertainment in 

19 which performers disrobe or perform in an 

20 unclothed state for entertainment. 

21 ‘‘(B) DEFINITIONS.—For purposes of sub22 paragraph (A)— 

23 ‘‘(i) LIQUOR STORE.—The term ‘liq24 uor store’ means any retail establishment 

25 which sells exclusively or primarily intoxi26 cating liquor. Such term does not include 


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1 a grocery store which sells both intoxi2 cating liquor and groceries including staple 

3 foods (within the meaning of section 3(r) 

4 of the Food and Nutrition Act of 2008 (7 

5 U.S.C. 2012(r))). 

6 ‘‘(ii) CASINO, GAMBLING CASINO, OR

7 GAMING ESTABLISHMENT.—The terms ‘ca8 sino’, ‘gambling casino’, and ‘gaming es9 tablishment’ do not include a grocery store 

10 which sells groceries including such staple 

11 foods and which also offers, or is located 

12 within the same building or complex as, ca13 sino, gambling, or gaming activities.’’. 

14 (b) PENALTY.—Section 409(a) of the Social Security 

15 Act (42 U.S.C. 609(a)) is amended by adding at the end 

16 the following new paragraph: 

17 ‘‘(16) PENALTY FOR FAILURE TO ENFORCE

18 SPENDING POLICIES.— 

19 ‘‘(A) IN GENERAL.—If, within 2 years 

20 after the date of the enactment of the WIN for 

21 Children and Families Act, any State has not 

22 reported to the Secretary on such State’s imple23 mentation of the policies and practices required 

24 by section 408(a)(12), or the Secretary deter25 mines that any State has not implemented and 


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1 maintained such policies and practices, the Sec2 retary shall reduce, by an amount equal to 5 

3 percent of the State family assistance grant, the 

4 grant payable to such State under section 

5 403(a)(1) for— 

6 ‘‘(i) the fiscal year immediately suc7 ceeding the year in which such 2-year pe8 riod ends; and 

9 ‘‘(ii) each succeeding fiscal year in 

10 which the State does not demonstrate that 

11 such State has implemented and main12 tained such policies and practices. 

13 ‘‘(B) REDUCTION OF APPLICABLE PEN14 ALTY.—The Secretary may reduce the amount 

15 of the reduction required under subparagraph 

16 (A) based on the degree of noncompliance of 

17 the State. 

18 ‘‘(C) STATE NOT RESPONSIBLE FOR INDI19 VIDUAL VIOLATIONS.—Fraudulent activity by 

20 any individual in an attempt to circumvent the 

21 policies and practices required by section 

22 408(a)(12) shall not trigger a State penalty 

23 under subparagraph (A).’’. 


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1 (c) CONFORMING AMENDMENT.—Section 409(c)(4) 

2 of the Social Security Act (42 U.S.C. 609(c)(4)) is amend3 ed by striking ‘‘or (13)’’ and inserting ‘‘(13), or (16)’’. 

Æ 


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