[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2610 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2610

   To amend part A of title IV of the Social Security Act to include 
efforts to address barriers to employment as a work activity under the 
temporary assistance to needy families program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 11, 2002

 Mr. Wellstone (for himself and Mr. Corzine) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
   To amend part A of title IV of the Social Security Act to include 
efforts to address barriers to employment as a work activity under the 
temporary assistance to needy families program, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chance to Succeed Act of 2002''.

SEC. 2. INCLUSION OF EFFORTS TO ADDRESS BARRIERS TO EMPLOYMENT AS A 
              WORK ACTIVITY UNDER TANF.

    Section 407 of the Social Security Act (42 U.S.C. 607) is amended--
            (1) in subparagraphs (A) and (B) of subsection (c), by 
        striking ``or (12)'' each place it appears and inserting 
        ``(12), or (13)'';
            (2) in subsection (d)--
                    (A) in paragraph (11), by striking ``and'' at the 
                end;
                    (B) in paragraph (12), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(13) subject to subsection (j), 3 months of satisfactory 
        participation (as determined by the State) in services to 
        address barriers that are designed to improve future employment 
        opportunities, including substance abuse treatment, domestic 
        violence counseling, and physical rehabilitation, mental 
        health, and mental retardation and developmental disabilities 
        services.''; and
            (3) by adding at the end the following:
    ``(j) State Option To Extend Period for Participation in Services 
To Address Barriers.--
            ``(1) In general.--With respect to an individual, a State 
        may extend the 3-month period referred to in subsection (d)(13) 
        for an additional 3 months and, if necessary, for an additional 
        period determined by the State, so long as the State 
        periodically reassesses the appropriateness of the activities 
        referred to in such subsection for the individual.
            ``(2) Rule of construction.--Nothing in paragraph (1) or 
        subsection (d)(13) shall be construed to limit the amount of 
        time an individual may require, or a State may provide, 
        services to address barriers that are designed to improve 
        future employment opportunities.''.

SEC. 3. CREATION OF A SCREENING, ASSESSMENT, AND SERVICES PROCESS TO 
              ADDRESS BARRIERS TO EMPLOYMENT.

    (a) Assessments.--Section 408(b) of the Social Security Act (42 
U.S.C. 608(b)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Assessment provided for each individual who receives 
        assistance.--
                    ``(A) In general.--The State agency responsible for 
                administering the State program funded under this part 
                shall make an initial assessment of each adult 
                individual who receives assistance under the program 
                (and, in the case of a State program that requires an 
                individual who is a caretaker for an individual who 
                receives such assistance to engage in work, an initial 
                assessment of the caretaker individual) to determine 
                whether the individual has any barriers to employment 
                or program compliance.
                    ``(B) 2-part process.--The assessment under 
                subparagraph (A) shall consist of the following 2 
                parts:
                            ``(i) Initial screening.--
                                    ``(I) In general.--An initial 
                                screening which shall evaluate an 
                                individual's employability, educational 
                                capacity, and other related 
                                circumstances, such as the child 
                                support status, housing needs, and 
                                transportation needs of the individual 
                                and the individual's family.
                                    ``(II) Required factors to be 
                                assessed.--A trained caseworker shall 
                                screen the individual for conditions 
                                such as physical or mental impairments, 
                                substance abuse, domestic or sexual 
                                violence, learning disabilities, 
                                limited English proficiency, limited 
                                literacy in a primary language, and 
                                need to care for a child with a 
                                disability or health condition which 
                                may interfere with work or other 
                                program requirements.
                                    ``(III) Optional assessment of 
                                child care needs.--At the option of the 
                                individual, the State shall, before 
                                assigning the individual to a work 
                                activity under the State program funded 
                                under this part, perform an assessment 
                                of the individual's child care needs, 
                                and guarantee safe, appropriate, 
                                affordable quality child care to any 
                                such individual who needs child care.
                                    ``(IV) Optional assessment of job 
                                preparation.--At the option of the 
                                individual, the State shall, before 
                                assigning the individual to a work 
                                activity under the State program funded 
                                under this part, perform an individual 
                                assessment for the preparation that 
is needed for the individual to obtain and maintain a job at a monthly 
wage that is at least 200 percent of the poverty line applicable to the 
family of the individual.
                            ``(ii) Comprehensive assessment.--If an 
                        initial screening under clause (i) suggests the 
                        existence of potential barriers to work or 
                        program compliance, the individual may elect to 
                        participate in a comprehensive assessment 
                        conducted by a qualified professional to 
                        confirm the existence of the barriers, 
                        determine the extent of the barriers, and 
                        develop recommendations about appropriate 
                        services and activities for the individual.
                    ``(C) Family members.--At the discretion of an 
                individual who receives assistance under the State 
                program funded under this part, a member of the 
                individual's family also may be afforded an assessment 
                in accordance with this paragraph.
                    ``(D) Not considered a program requirement.--
                Participation by an individual or by a member of the 
                individual's family in an assessment under this 
                paragraph shall not be considered a program requirement 
                for the individual or the individual's family.
                    ``(E) Inclusion of caseworkers.--Nothing in 
                subparagraph (B)(ii) shall be construed as prohibiting 
                a caseworker from being a qualified professional for 
                purposes of that subparagraph if the caseworker 
                satisfies the requirements for being considered a 
                qualified professional.''; and
            (2) by striking paragraph (4).
    (b) Review and Conciliation Process.--Section 408(a) of the Social 
Security Act (42 U.S.C. 608(a)) is amended by adding at the end the 
following:
            ``(12) Review and conciliation process.--
                    ``(A) In general.--A State to which a grant is made 
                under section 403 shall not impose a sanction against 
                an individual or family under the State program funded 
                under this part on the basis of noncompliance by an 
                individual or family with a program requirement, unless 
                the State satisfies the following requirements:
                            ``(i) Notice.--The State has attempted, at 
                        least twice (using at least 2 different 
                        communication methods, 1 of which shall be in 
                        writing) to notify the individual or family, in 
                        the individual's or family's native language, 
                        of--
                                    ``(I) the impending imposition of 
                                the sanction;
                                    ``(II) the reason for the proposed 
                                sanction;
                                    ``(III) the amount of the sanction;
                                    ``(IV) the length of time during 
                                which the proposed sanction would be in 
                                effect; and
                                    ``(V) the steps required to come 
                                into compliance or to show good cause 
                                for noncompliance.
                            ``(ii) Review.--The State has afforded the 
                        individual or family an opportunity to meet 
                        with personnel outside the agency that 
                        administers the State program funded under this 
                        part who the State has contracted with to make 
                        a determination regarding why the individual or 
                        family did not comply with the program 
                        requirement, that is to be the basis on which 
                        the sanction is to be imposed, and that 
                        includes--
                                    ``(I) consideration of whether 
                                certain barriers to compliance exist 
                                that contributed to the noncompliance 
                                of the individual or family, such as a 
                                physical or mental impairment, 
                                including a mental health or substance 
                                abuse disorder or mental retardation, a 
                                learning disability, domestic or sexual 
                                violence, limited proficiency in 
                                English, limited literacy, or the need 
                                to care for a child with a disability 
                                or health condition;
                                    ``(II) consideration of whether the 
                                individual or family has good cause for 
                                failing to meet program requirements;
                                    ``(III) consideration of whether an 
                                additional assessment would assist in 
                                identifying reasons for noncompliance;
                                    ``(IV) consideration of whether 
                                support services or changes to the 
                                program requirements or activities to 
                                which the individual or family has been 
                                assigned are necessary in order for the 
                                individual or family to comply with 
                                program requirements; and
                                    ``(V) ensuring that the State's 
                                sanction policies have been applied 
                                properly.
                    ``(B) Sanction limitations.--
                            ``(i) Ban on imposition of sanction if 
                        needed screening, assessment, or services were 
                        unavailable.--A State may not impose a sanction 
                        against an individual or family under the State 
                        program funded under this part on the basis of 
                        noncompliance by an individual or family with a 
                        program requirement if the individual whose 
                        conduct is the basis of the sanction is in the 
                        process of being screened or assessed for a 
                        mental health problem, disability, substance 
                        abuse problem, or sexual or domestic violence 
                        situation but the screening or assessment has 
                        not been completed, or if services outlined in 
                        the service plan developed for the individual 
                        or family were not offered, available, and 
                        accessible to the individual or family at the 
                        time of the noncompliance.
                            ``(ii) No ban on sanction if individual or 
                        family fails to take advantage of assessment or 
                        services and does not comply with work 
                        requirements.--Nothing in this paragraph shall 
                        be construed as prohibiting a State that has 
                        complied with the requirements of this 
                        paragraph and section 408(b)(1) from imposing a 
                        sanction for noncompliance with work 
                        requirements against an individual or family 
                        who opts to not take full advantage of the 
                        opportunity for assessment or the services and 
                        supports made available to ensure that the 
                        individual or family can comply with program 
                        requirements if such an individual or family is 
                        not complying with the State's work 
                        requirements.
                    ``(C) Sanction follow-up requirements.--
                            ``(i) In general.--If a State imposes a 
                        sanction on an individual or family for failing 
                        to comply with program requirements, the State 
                        shall--
                                    ``(I) provide, at the time the 
                                sanction is imposed and periodically 
                                thereafter for at least 6 months, 
                                notice (in at least 2 different forms) 
                                to the individual or family of the 
                                reason for the sanction and the steps 
                                the individual or family must take to 
                                end the sanction;
                                    ``(II) reinstate the individual's 
                                or family's full benefits if the 
                                individual or family member who failed 
                                to meet the program requirements that 
                                led to the sanction complies with 
                                program requirements for a reasonable 
                                period of time and the individual or 
                                family is otherwise eligible; and
                                    ``(III) if the sanction is time-
                                limited, notify the individual or 
                                family at least 10 days before the 
                                expiration of the sanction of the date 
                                when the individual or family will no 
                                longer be in sanction status and inform 
                                the individual or family how assistance 
                                will be reinstated.
                            ``(ii) Outreach to individuals and families 
                        sanctioned who have not resumed receiving cash 
                        assistance.--If, during the 5-year period that 
                        ended on the date of enactment of the Chance to 
                        Succeed Act of 2002, a State imposed a sanction 
                        against an individual or family that resulted 
                        in the individual or family losing all cash 
                        assistance under the State program funded under 
                        this part, and the individual or family did not 
                        resume receiving cash assistance at the end of 
                        the sanction period, the State shall make 
                        reasonable efforts to identify such individuals 
                        and families and notify them, using at least 2 
                        methods of communication, 1 of which is 
                        written, of the assistance, services, and 
                        support they may be eligible to receive.
                    ``(D) Confidentiality.--The State, and any 
                individuals or entities acting as agents of the State, 
                shall not disclose any identifying information obtained 
                through any process or procedure instituted pursuant to 
                this paragraph unless required or permitted to do so by 
                law.
                    ``(E) Development of standards, procedures, 
                training, and screening tools.--States and local 
                governments shall, in consultation with Federal, State, 
                tribal, or local experts in the different barriers to 
                employment, develop standards, procedures, training, 
                and screening tools for use in carrying out this 
                paragraph.''.
    (c) Plan Requirements for Individual Responsibility Plans.--Section 
408(b)(2)(A) of the Social Security Act (42 U.S.C. 608(b)(2)(A)) is 
amended to read as follows:
                    ``(A) Requirements.--
                            ``(i) In general.--From the assessment 
                        described in paragraph (1), the State, in 
                        consultation with the individual who is the 
                        subject of the assessment, shall develop a 
                        personal responsibility plan, that--
                                    ``(I) sets forth an employment goal 
                                to move the individual into stable 
                                employment;
                                    ``(II) sets forth the obligations 
                                of the individual that will help the 
                                individual become and remain employed 
                                in the private sector;
                                    ``(III) describes the individual's 
                                long-term career goals and the specific 
                                work experience, education, or training 
                                needed to reach them; and
                                    ``(IV) identifies the services the 
                                State will offer the individual's 
                                family based upon the assessment and 
                                evaluation described in this section.
                            ``(ii) Modification.--If the State is 
                        unable to provide needed services to the 
                        individual or the individual's family, the 
                        State shall modify the personal responsibility 
                        plan to be consistent with the needs of the 
                        individual, the family, and the capacity of the 
                        State.''.
    (d) Technical Assistance.--The Secretary shall coordinate with 
Federal, State, and tribal experts and qualified professionals to 
determine, develop, and disseminate to States, and provide technical 
assistance with respect to, model practices, standards, and procedures 
for screening, assessment, addressing barriers, including multiple 
barriers, in a comprehensive manner, and moving individuals and 
families with barriers into employment, as well as model training 
materials for caseworkers.
    (e) State Plan Requirement.--Section 402(a)(1)(A) of the Social 
Security Act (42 U.S.C. 602(a)(1)(A)) is amended by adding at the end 
the following:
                            ``(vii) Identify and serve individuals and 
                        families with barriers to employment as 
                        described in section 408(b)(1).''.
    (f) Coordinating Exemptions From Work Requirements.--Section 
408(a)(7)(C) of the Social Security Act (42 U.S.C. 608(a)(7)(C)) is 
amended by adding at the end the following:
                            ``(iv) Families exempted from work 
                        requirements by reason of barrier to work by 
                        family member.--The State shall exempt a family 
                        from the application of subparagraph (A) of 
                        this paragraph if the State permits a member of 
                        the family (or, in the case of a State that 
                        requires a caretaker for an individual who 
                        receives assistance to engage in work, a 
                        caretaker) to engage in activities to address 
                        barriers, pursuant to section 407(d)(13), so 
                        long as the State determines that the 
                        individual is satisfactorily participating in 
                        such activities.''.
    (g) Advisory Panel To Improve State Policies and Procedures for 
Assisting Individuals and Families With Barriers To Work.--
            (1) Membership; chair.--
                    (A) Membership.--Each State that receives a State 
                family assistance grant under section 403(a)(1) of the 
                Social Security Act (42 U.S.C. 603(a)(1)) shall 
                establish an advisory panel consisting of 
                representatives of the following:
                            (i) The State agency responsible for 
                        administering the temporary assistance to needy 
                        families program established under part A of 
                        title IV of the Social Security Act (42 U.S.C. 
                        601 et seq.) (in this subsection referred to as 
                        the ``TANF program'').
                            (ii) Professionals from other State 
                        agencies with expertise in barriers that 
                        interfere with an individual's or family's 
                        ability to work, such as physical or mental 
                        impairments, substance abuse, domestic or 
                        sexual violence, learning disabilities, limited 
                        English proficiency, limited literacy in a 
                        primary language, and need to care for a child 
                        with a disability or health condition.
                            (iii) Organizations representing 
                        individuals and families with such barriers.
                            (iv) Professionals with expertise in 
                        designing and implementing policies and 
                        programs to successfully serve individuals and 
                        families with such barriers.
                            (v) Individuals and families with such 
                        barriers who are recipients of cash assistance 
                        or support services under the TANF program.
                    (B) Chair.--The chief executive officer of the 
                State shall appoint an individual who is not a State 
                employee to serve as chair of the advisory panel.
            (2) Duties.--
                    (A) In general.--The advisory panel shall review 
                the efficacy of each program described in subparagraph 
                (B) to determine--
                            (i) the amount of funds spent on services 
                        under the program;
                            (ii) the referral process for participation 
                        in the program, including whether individuals 
                        and families received referrals and services;
                            (iii) the effect services provided under 
                        the program had on an individual's and family's 
                        economic status; and
                            (iv) ways in which the State can improve 
                        the effectiveness of its policies and 
                        procedures to serve individuals and families 
                        with barriers to work or program compliance.
                    (B) Programs described.--For purposes of 
                subparagraph (A), a program described in this 
                subparagraph, is a program that--
                            (i) is funded under the TANF program;
                            (ii) receives funding from amounts made 
                        available under the State family assistance 
                        grant made under section 403(a)(1) of the 
                        Social Security Act (42 U.S.C. 603(a)(1)); or
                            (iii) is funded with qualified State 
                        expenditures (as defined in section 
                        409(a)(7)(B)(i) of such Act (42 U.S.C. 
                        609(a)(7)(B)(i))).
                    (C) Development of mechanism for review and reports 
                by local units of government.--In the case of a State 
                in which significant policy or spending decisions are 
                made in the State with respect to a program described 
                in subparagraph (B) at the county or other local unit 
                of government, then the advisory panel shall develop a 
                mechanism that requires each county or other local unit 
                of government to--
                            (i) review its policies and procedures with 
                        respect to that program and file a written 
                        report with the advisory panel regarding how 
                        the policies and procedures for the program are 
                        designed to assist individuals and families 
                        with barriers to work; and
                            (ii) respond to any other requests for 
                        information from the advisory panel regarding 
                        the TANF program.
                    (D) Additional authority.--In order to carry out 
                the duties described in this paragraph, the advisory 
                panel may hold such meetings (in addition to the 
                regular meetings required under paragraph (3)(C)) and 
                such public hearings, hire such staff, enter into the 
contract required under paragraph (4)(B), and travel to such locations 
of programs described in subparagraph (B), as the panel determines to 
be appropriate.
            (3) Duration; meetings.--
                    (A) Duration.--An advisory panel established in 
                accordance with this subsection shall remain in effect 
                for at least 3 years from the date of the initial 
                meeting of the panel.
                    (B) Deadline for initial meeting.--Not later than 
                the end of the first Federal fiscal year quarter that 
                begins on or after the date of enactment of this Act, 
                the advisory panel shall meet for its initial meeting.
                    (C) Regular meetings.--The advisory panel shall 
                meet on a regular basis.
            (4) Reports.--
                    (A) In general.--Each advisory panel established in 
                accordance with this subsection shall file the 
                following reports with the Secretary of Health and 
                Human Services:
                            (i) Not later than 12 months after the 
                        initial meeting of the advisory panel, an 
                        interim report identifying areas where 
                        improvement is needed with respect to State 
                        policies and procedures to serve individuals 
                        with barriers to work and the steps the State 
                        is taking or plans to take to make those 
                        improvements.
                            (ii) Not later than 24 months after such 
                        initial meeting, a progress report on how the 
                        improvements identified in the report required 
                        under clause (i) are being made, whether 
                        additional improvements are needed, including 
                        plans to make those improvements, and that 
                        includes the report of the independent 
                        evaluation entity required under subparagraph 
                        (B).
                            (iii) Not later than 36 months after such 
                        initial meeting, a final report that describes 
                        how the programs described in subparagraph (B) 
                        have been improved to assist individuals and 
                        families with barriers to work and identifies 
                        ongoing work that will be needed to maintain 
                        the improvements made.
                    (B) Requirements for progress report.--In 
                preparation for the progress report required under 
                subparagraph (A)(ii), the advisory panel shall hire an 
                independent evaluation entity to assess the State's 
                progress in meeting the goals set forth by the advisory 
                panel. In States described in paragraph (2)(C), the 
                independent evaluation entity shall also assess the 
                progress being made at the county level or appropriate 
                other unit of local government.
                    (C) Reports to congress.--The Secretary of Health 
                and Human Services shall compile the reports submitted 
                under subparagraph (A) and shall submit such 
                compilations to Congress as part of any annual report 
                to Congress on the TANF program.
            (5) Public access.--
                    (A) In general.--All materials collected by or 
                provided to the advisory panel and all reports 
                submitted by the advisory panel to the State or the 
                Secretary of Health and Human Services shall be 
                publicly available.
                    (B) Opportunity for public comment.--The advisory 
                panel shall create opportunities to secure public 
                comments on a draft of each report to be submitted to 
                the State or the Secretary of Health and Human Services 
                and shall submit a summary of such comments with the 
                final draft of the report.
            (6) Funding.--Out of funds made available to carry out this 
        subsection, the Secretary of Health and Human Services shall 
        pay each State that establishes an advisory panel in accordance 
        with this subsection, $1,500,000, for the period of fiscal 
        years 2003 through 2005.
            (7) Rule of construction.--Nothing in this paragraph shall 
        be construed as authorizing an advisory review panel 
        established under this paragraph to resolve complaints filed by 
        individuals or entities related to possible violations of laws 
        protecting civil rights.
            (8) Authorization of Appropriations.--There is authorized 
        to be appropriated to the Secretary of Health and Human 
        Services to carry out this subsection, such sums as are 
        necessary for each of fiscal years 2003 through 2006.
                                 <all>