[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2878 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2878

 To amend part A of title IV of the Social Security Act to ensure fair 
treatment and due process protections under the temporary assistance to 
  needy families program, to facilitate enhanced data collection and 
   reporting requirements under that program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2002

 Mr. Feingold 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 ensure fair 
treatment and due process protections under the temporary assistance to 
  needy families program, to facilitate enhanced data collection and 
   reporting requirements under that 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; TABLE OF CONTENTS; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Fair Treatment and 
Due Process Protection Act of 2002''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents; references.
TITLE I--ACCESS TO TRANSLATION SERVICES AND LANGUAGE EDUCATION PROGRAMS

Sec. 101. Provision of interpretation and translation services.
Sec. 102. Assisting families with limited English proficiency.
            TITLE II--SANCTIONS AND DUE PROCESS PROTECTIONS

Sec. 201. Sanctions and due process protections.
         TITLE III--DATA COLLECTION AND REPORTING REQUIREMENTS

Sec. 301. Data collection and reporting requirements.
Sec. 302. Enhancement of understanding of the reasons individuals leave 
                            State TANF programs.
Sec. 303. Longitudinal studies of TANF applicants and recipients.
Sec. 304. Protection of individual privacy.
                        TITLE IV--EFFECTIVE DATE

Sec. 401. Effective date.
    (c) References.--Except as otherwise expressly provided, wherever 
in this Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the amendment 
or repeal shall be considered to be made to a section or other 
provision of the Social Security Act.

TITLE I--ACCESS TO TRANSLATION SERVICES AND LANGUAGE EDUCATION PROGRAMS

SEC. 101. PROVISION OF INTERPRETATION AND TRANSLATION SERVICES.

    (a) In General.--Section 408(a) (42 U.S.C. 608(a) is amended by 
adding at the end the following:
            ``(12) Provision of interpretation and translation 
        services.--A State to which a grant is made under section 
        403(a) for a fiscal year shall, with respect to the State 
        program funded under this part and all programs funded with 
        qualified State expenditures (as defined in section 
        409(a)(7)(B)(i)), provide appropriate interpretation and 
        translation services to individuals who lack English 
        proficiency if the number or percentage of persons lacking 
        English proficiency meets the standards established under 
        section 272.4(b) of title 7 of the Code of Federal Regulations 
        (as in effect on the date of enactment of this paragraph).''.
    (b) Penalty.--Section 409(a) (42 U.S.C. 609(a)) is amended by 
adding at the end the following:
            ``(15) Penalty for failure to provide interpretation and 
        translation services.--
                    ``(A) In general.--If the Secretary determines that 
                a State to which a grant is made under section 403 in a 
                fiscal year has violated section 408(a)(12) during the 
                fiscal year, the Secretary shall reduce the grant 
                payable to the State under section 403(a)(1) for the 
                immediately succeeding fiscal year by an amount equal 
                to up to 5 percent of the State family assistance 
                grant.
                    ``(B) Penalty based on severity of failure.--The 
                Secretary shall impose reductions under subparagraph 
                (A) with respect to a fiscal year based on the degree 
                of noncompliance.''.

SEC. 102. ASSISTING FAMILIES WITH LIMITED ENGLISH PROFICIENCY.

    (a) In General.--Section 407(c)(2) is amended by adding at the end 
the following:
                    ``(E) Individuals with limited english 
                proficiency.--In the case of an adult recipient who 
                lacks English language proficiency, as defined by the 
                State, the State shall--
                            ``(i) advise the adult recipient of 
                        available programs or activities in the 
                        community to address the recipient's education 
                        needs;
                            ``(ii) if the adult recipient elects to 
                        participate in such a program or activity, 
                        allow the recipient to participate in such a 
                        program or activity; and
                            ``(iii) consider an adult recipient who 
                        participates in such a program or activity on a 
                        satisfactory basis as being engaged in work for 
                        purposes of determining monthly participation 
                        rates under this section, except that the 
                        State--
                                    ``(I) may elect to require 
                                additional hours of participation or 
                                activity if necessary to ensure that 
                                the recipient is participating in work-
                                related activities for a sufficient 
                                number of hours to count as being 
                                engaged in work under this section; and
                                    ``(II) shall attempt to ensure that 
                                any additional hours of participation 
                                or activity do not unreasonably 
                                interfere with the education activity 
                                of the recipient.''.
    (b) Penalty.--Section 409(a) (42 U.S.C. 609(a)), as amended by 
section 101(b), is amended by adding at the end the following:
            ``(16) Penalty for failure to provide interpretation and 
        translation services.--
                    ``(A) In general.--If the Secretary determines that 
                a State to which a grant is made under section 403 in a 
                fiscal year has violated section 407(c)(2)(E) during 
                the fiscal year, the Secretary shall reduce the grant 
                payable to the State under section 403(a)(1) for the 
                immediately succeeding fiscal year by an amount equal 
                to up to 5 percent of the State family assistance 
                grant.
                    ``(B) Penalty based on severity of failure.--The 
                Secretary shall impose reductions under subparagraph 
                (A) with respect to a fiscal year based on the degree 
                of noncompliance.''.

            TITLE II--SANCTIONS AND DUE PROCESS PROTECTIONS

SEC. 201. SANCTIONS AND DUE PROCESS PROTECTIONS.

    (a) In General.--Section 408(a) (42 U.S.C. 608(a)), as amended by 
section 101(a), is amended by adding at the end the following:
            ``(13) Sanction procedures.--
                    ``(A) Pre-sanction review process.--Prior to the 
                imposition of a sanction against an individual or 
                family receiving assistance under the State program 
                funded under this part or under a program funded with 
                qualified State expenditures (as defined in section 
                409(a)(7)(B)(i)) for failure to comply with program 
                requirements, the State shall take the following steps:
                            ``(i) Provide or send notice to the 
                        individual or family, and, if the recipient's 
                        native language is not English, through a 
                        culturally competent translation, of the 
                        following information:
                                    ``(I) The specific reason for the 
                                proposed sanction.
                                    ``(II) The amount of the proposed 
                                sanction.
                                    ``(III) The length of time during 
                                which the proposed sanction would be in 
                                effect.
                                    ``(IV) The steps required to come 
                                into compliance or to show good cause 
                                for noncompliance.
                                    ``(V) That the agency will provide 
                                assistance to the individual in 
                                determining if good cause for 
                                noncompliance exists, or in coming into 
                                compliance with program requirements.
                                    ``(VI) That the individual may 
                                appeal the determination to impose a 
                                sanction, and the steps that the 
                                individual must take to pursue an 
                                appeal.
                            ``(ii)(I) Ensure that, subject to clause 
                        (iii)--
                                    ``(aa) an individual other than the 
                                individual who determined that a 
                                sanction be imposed shall review the 
                                determination and have the authority to 
                                take the actions described in subclause 
                                (II); and
                                    ``(bb) the individual or family 
                                against whom the sanction is to be 
                                imposed shall be afforded the 
                                opportunity to meet with the individual 
                                who, as provided for in item (aa), is 
                                reviewing the determination with 
                                respect to the sanction.
                            ``(II) An individual to which this 
                        subclause applies may--
                                    ``(aa) modify the determination to 
                                impose a sanction;
                                    ``(bb) determine that there was 
                                good cause for the individual or 
                                family's failure to comply;
                                    ``(cc) recommend modifications to 
                                the individual's individual 
                                responsibility or employment plan; and
                                    ``(dd) make such other 
                                determinations and take such other 
                                actions as may be appropriate under the 
                                circumstances.
                            ``(iii) The review required under clause 
                        (ii) shall include consideration of the 
                        following:
                                    ``(I) To the extent applicable, 
                                whether barriers to compliance exist, 
                                such as a physical or mental 
                                impairment, including mental illness, 
                                substance abuse, mental retardation, a 
                                learning disability, domestic or sexual 
                                violence, limited proficiency in 
                                English, limited literacy, 
                                homelessness, or the need to care for a 
                                child with a disability or health 
                                condition, that contributed to the 
                                noncompliance of the person.
                                    ``(II) Whether the individual or 
                                family's failure to comply resulted 
                                from failure to receive or have access 
                                to services previously identified as 
                                necessary in an individual 
                                responsibility or employment plan.
                                    ``(III) Whether changes to the 
                                individual responsibility or employment 
                                plan should be made in order for the 
                                individual to comply with program 
                                requirements.
                                    ``(IV) Whether the individual or 
                                family has good cause for any 
                                noncompliance.
                                    ``(V) Whether the State's sanction 
                                policies have been applied properly.
                    ``(B) Sanction follow-up requirements.--If a State 
                imposes a sanction on a family or individual for 
                failing to comply with program requirements, the State 
                shall--
                            ``(i) provide or send notice to the 
                        individual or family, in language calculated to 
                        be understood by the individual or family, and, 
                        if the individual's or family's native language 
                        is not English, through a culturally competent 
                        translation, of the reason for the sanction and 
                        the steps the individual or family must take to 
                        end the sanction;
                            ``(ii) resume the individual's or family's 
                        full assistance, services, or benefits provided 
                        under this program (provided that the 
                        individual or family is otherwise eligible for 
                        such assistance, services, or benefits) once 
                        the individual who failed to meet program 
                        requirements that led to the sanction complies 
                        with program requirements for a reasonable 
                        period of time, as determined by the State and 
                        subject to State discretion to reduce such 
                        period;
                            ``(iii) if assistance, services, or 
                        benefits have not resumed, as of the period 
                        that begins on the date that is 60 days after 
                        the date on which the sanction was imposed, and 
                        end on the date that is 120 days after such 
                        date, provide notice to the individual or 
                        family, in language calculated to be understood 
                        by the individual or family, of the steps the 
                        individual or family must take to end the 
                        sanction, and of the availability of assistance 
                        to come into compliance or demonstrate good 
                        cause for noncompliance with program 
                        requirements.''.
    (b) Penalty.--Section 409(a) (42 U.S.C. 609(a)), as amended by 
section 102(b), is amended by adding at the end the following:
            ``(17) Penalty for failure to follow sanction procedures.--
                    ``(A) In general.--If the Secretary determines that 
                a State to which a grant is made under section 403 in a 
                fiscal year has violated section 408(a)(13) during the 
                fiscal year, the Secretary shall reduce the grant 
                payable to the State under section 403(a)(1) for the 
                immediately succeeding fiscal year by an amount equal 
                to up to 5 percent of the State family assistance 
                grant.
                    ``(B) Penalty based on severity of failure.--The 
                Secretary shall impose reductions under subparagraph 
                (A) with respect to a fiscal year based on the degree 
                of noncompliance.''.
    (c) State Plan Requirement To Describe How States Will Notify 
Applicants and Recipients of Their Rights Under the Program and of 
Potential Benefits and Services Available Under the Program.--Section 
402(a)(1)(B)(iii) (42 U.S.C. 602(a)(1)(B)(iii)) is amended by inserting 
``, and will notify applicants and recipients of assistance under the 
program of the rights of individuals under all laws applicable to 
program activities and of all potential benefits and services available 
under the program'' before the period.
    (d) Requirement To Provide Notice to Applicants and Recipients of 
Rights and of Potential Program Benefits and Services, and To Train 
Program Personnel To Respect Such Rights.--
            (1) In general.--Section 408(a) (42 U.S.C. 608(a)), as 
        amended by subsection (a), is amended by adding at the end the 
        following:
            ``(14) Requirement to provide notice to applicants and 
        recipients of rights and of potential program benefits and 
        services, and to train program personnel to respect such 
        rights.--A State to which a grant is made under section 403 
        shall--
                    ``(A) notify each applicant for, and each recipient 
                of, assistance under the State program funded under 
                this part or under a program funded with qualified 
                State expenditures (as defined in section 
                409(a)(7)(B)(i)) of the rights of applicants and 
                recipients under all laws applicable to the activities 
                of such program (including the right to claim good 
                cause exceptions to program requirements), and shall 
                provide the notice--
                            ``(i) to a recipient when the recipient 
                        first receives assistance, benefits, or 
                        services under the program;
                            ``(ii) to all such recipients on a 
                        semiannual basis; and
                            ``(iii) orally and in writing, in the 
                        native language of the recipient and at not 
                        higher than a 6th grade level, and, if the 
                        recipient's native language is not English, 
                        through a culturally competent translation; and
                    ``(B) train all program personnel on a regular 
                basis regarding how to carry out the program consistent 
                with such rights.''.
            (2) Penalty.--Section 409(a) (42 U.S.C. 609(a)), as amended 
        by subsection (b), is amended by adding at the end the 
        following:
            ``(18) Penalty for failure to provide notice to applicants 
        and recipients of rights and of potential program benefits and 
        services, and to train program personnel to respect such 
        rights.--
                    ``(A) In general.--If the Secretary determines that 
                a State to which a grant is made under section 403 in a 
                fiscal year has violated section 408(a)(14) during the 
                fiscal year, the Secretary shall reduce the grant 
                payable to the State under section 403(a)(1) for the 
                immediately succeeding fiscal year by an amount equal 
                to up to 5 percent of the State family assistance 
                grant.
                    ``(B) Penalty based on severity of failure.--The 
                Secretary shall impose reductions under subparagraph 
                (A) with respect to a fiscal year based on the degree 
                of noncompliance.''.

         TITLE III--DATA COLLECTION AND REPORTING REQUIREMENTS

SEC. 301. DATA COLLECTION AND REPORTING REQUIREMENTS.

    Section 411(a)(1) (42 U.S.C. 611(a)(1)) is amended--
            (1) in subparagraph (A)--
                    (A) in the matter preceding clause (i), by striking 
                ``(except for information relating to activities 
                carried out under section 403(a)(5))'' and inserting 
                ``, and, in complying with this requirement, shall 
                ensure that such information is reported in a manner 
                that permits analysis of the information by race, 
                ethnicity or national origin, primary language, gender, 
                and educational level, including analysis using a 
                combination of these factors, and that all data, 
                including Federal, State, and local data (whether 
                collected by public or private local agencies or 
                entities that administer or operate the State program 
                funded under this part) is made public and easily 
                accessible'';
                    (B) by striking clause (v) and inserting the 
                following:
                            ``(v) The employment status, occupation (as 
                        defined by the most current Federal Standard 
                        Occupational Classification system, as of the 
                        date of the collection of the data), and 
                        earnings of each employed adult in the 
                        family.'';
                    (C) in clause (vii), by striking ``and educational 
                level'' and inserting ``, educational level, and 
                primary language'';
                    (D) in clause (viii), by striking ``and educational 
                level'' and inserting ``, educational level, and 
                primary language''; and
                    (E) in clause (xi), in the matter preceding 
                subclause (I), by inserting ``, including, to the 
                extent such information is available, information on 
                the specific type of job, or education or training 
                program'' before the semicolon;
            (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (3) by inserting after subparagraph (A), the following:
                    ``(B) Information regarding applicants.--
                            ``(i) In general.--Each eligible State 
                        shall collect on a monthly basis, and report to 
                        the Secretary on a quarterly basis, 
                        disaggregated case record information on the 
                        number of individuals who apply for but do not 
                        receive assistance under the State program 
                        funded under this part, the reason such 
                        assistance were not provided, and the overall 
                        percentage of applications for assistance that 
                        are approved compared to those that are 
                        disapproved with respect to such month.
                            ``(ii) Requirement.--In complying with 
                        clause (i), each eligible State shall ensure 
                        that the information required under that clause 
                        is reported in a manner that permits analysis 
                        of such information by race, ethnicity or 
                        national origin, primary language, gender, and 
                        educational level, including analysis using a 
                        combination of these factors.''.

SEC. 302. ENHANCEMENT OF UNDERSTANDING OF THE REASONS INDIVIDUALS LEAVE 
              STATE TANF PROGRAMS.

    (a) Case Closure Reasons.--Section 411(a)(1) (42 U.S.C. 611(a)(1)), 
as amended by section 301, is amended--
            (1) by redesignating subparagraph (C) (as redesignated by 
        such section 301) as subparagraph (D); and
            (2) by inserting after subparagraph (B) (as added by such 
        section 301) the following:
                    ``(C) Development of comprehensive list of case 
                closure reasons.--
                            ``(i) In general.--The Secretary shall 
                        develop, in consultation with States and 
                        individuals or organizations with expertise 
                        related to the provision of assistance under 
                        the State program funded under this part, a 
                        comprehensive list of reasons why individuals 
                        leave State programs funded under this part. In 
                        developing such list, the Secretary shall 
                        consider the full range of reasons for case 
                        closures, including the following:
                                    ``(I) Lack of access to specific 
                                programs or services, such as child 
                                care, transportation, or English as a 
                                second language classes for individuals 
                                with limited English proficiency.
                                    ``(II) The medical or health 
                                problems of a recipient.
                                    ``(III) The family responsibilities 
                                of a recipient, such as caring for a 
                                family member with a disability.
                                    ``(IV) Changes in eligibility 
                                status.
                                    ``(V) Other administrative reasons.
                            ``(ii) Other requirements.--The list 
                        required under clause (i) shall be developed 
                        with the goal of substantially reducing the 
                        number of case closures under the State 
                        programs funded under this part for which a 
                        reason is not known.
                            ``(iii) Public comment.--The Secretary 
                        shall promulgate for public comment regulations 
                        that--
                                    ``(I) list the case closure reasons 
                                developed under clause (i);
                                    ``(II) require States, not later 
                                than October 1, 2004, to use such 
                                reasons in accordance with subparagraph 
                                (A)(xvi); and
                                    ``(III) require States to report on 
                                efforts to improve State tracking of 
                                reasons for case closures, including 
                                the identification of additional 
                                reasons for case closures not included 
                                on the list developed under clause (i).
                            ``(iv) Review and modification.--The 
                        Secretary, through consultation and analysis of 
                        quarterly State reports submitted under this 
                        paragraph, shall review on an annual basis 
                        whether the list of case closure reasons 
                        developed under clause (i) requires 
                        modification and, to the extent the Secretary 
                        determines that modification of the list is 
                        necessary, shall publish proposed modifications 
                        for notice and comment, prior to the 
                        modifications taking effect.''.
    (b) Inclusion in Quarterly State Reports.--Section 411 (a)(1)(A) 
(42 U.S.C. 611(a)(1)(A)) is amended--
            (1) in clause (xvi)--
                    (A) in subclause (IV), by striking ``or'' at the 
                end;
                    (B) in subclause (V), by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
                                    ``(VI) a reason specified in the 
                                list developed under subparagraph (C), 
                                including any modifications of such 
                                list.'';
            (2) by redesignating clause (xvii) as clause (xviii); and
            (3) by inserting after clause (xvi), the following:
                            ``(xvii) The efforts the State is 
                        undertaking, and the progress with respect to 
                        such efforts, to improve the tracking of 
                        reasons for case closures.''.

SEC. 303. LONGITUDINAL STUDIES OF TANF APPLICANTS AND RECIPIENTS.

    (a) In General.--Section 413 (42 U.S.C. 613) is amended by striking 
subsection (d) and inserting the following:
    ``(d) Longitudinal Studies of Applicants and Recipients To 
Determine the Factors That Contribute to Positive Employment and Family 
Outcomes.--
            ``(1) In general.--The Secretary, directly or through 
        grants, contracts, or interagency agreements, shall conduct 
        longitudinal studies in at least 5, and not more than 10, 
        States (or sub-State areas, except that no such area shall be 
        located in a State in which a Statewide study is being 
        conducted under this paragraph) of a representative sample of 
        families that receive, and applicants for, assistance under a 
        State program funded under this part or under a program funded 
        with qualified State expenditures (as defined in section 
        409(a)(7)(B)(i)).
            ``(2) Requirements.--The studies conducted under this 
        subsection shall--
                    ``(A) follow families that cease to receive 
                assistance, families that receive assistance throughout 
                the study period, and families diverted from assistance 
                programs; and
                    ``(B) collect information on--
                            ``(i) family and adult demographics 
                        (including race, ethnicity or national origin, 
                        primary language, gender, barriers to 
                        employment, educational status of adults, prior 
                        work history, prior history of welfare 
                        receipt);
                            ``(ii) family income (including earnings, 
                        unemployment compensation, and child support);
                            ``(iii) receipt of assistance, benefits, or 
                        services under other needs-based assistance 
                        programs (including the food stamp program, the 
                        medicaid program under title XIX, earned income 
                        tax credits, housing assistance, and the type 
and amount of any child care);
                            ``(iv) the reasons for leaving or returning 
                        to needs-based assistance programs;
                            ``(v) work participation status and 
                        activities (including the scope and duration of 
                        work activities and the types of industries and 
                        occupations for which training is provided);
                            ``(vi) sanction status (including reasons 
                        for sanction);
                            ``(vii) time limit for receipt of 
                        assistance status (including months remaining 
                        with respect to such time limit);
                            ``(viii) recipient views regarding program 
                        participation; and
                            ``(ix) measures of income change, poverty, 
                        extreme poverty, food security and use of food 
                        pantries and soup kitchens, homelessness and 
                        the use of shelters, and other measures of 
                        family well-being and hardship over a 5-year 
                        period.
            ``(3) Comparability of results.--The Secretary shall, to 
        the extent possible, ensure that the studies conducted under 
        this subsection produce comparable results and information.
            ``(4) Reports.--
                    ``(A) Interim reports.--Not later than October 1, 
                2005, the Secretary shall publish interim findings from 
                at least 12 months of longitudinal data collected under 
                the studies conducted under this subsection.
                    ``(B) Subsequent reports.--Not later than October 
                1, 2007, the Secretary shall publish findings from at 
                least 36 months of longitudinal data collected under 
                the studies conducted under this subsection.''.
    (b) Annual Report To Congress.--
            (1) In general.--Section 411(b) (42 U.S.C. 611(b)) is 
        amended--
                    (A) in paragraph (2)--
                            (i) by inserting ``(including types of 
                        sanctions or other grant reductions)'' after 
                        ``financial characteristics''; and
                            (ii) by inserting ``, disaggregated by 
                        race, ethnicity or national origin, primary 
                        language, gender, education level, and, with 
                        respect to closed cases, the reason the case 
                        was closed'' before the semicolon;
                    (B) in paragraph (3), by striking ``and'' at the 
                end;
                    (C) in paragraph (4), by striking the period and 
                inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(5) the economic well-being of children and families 
        receiving assistance under the State programs funded under this 
        part and of children and families that have ceased to receive 
        such assistance, using longitudinal matched data gathered from 
        federally supported programs, and including State-by-State data 
        that details the distribution of earnings and stability of 
        employment of such families and (to the extent feasible) 
        describes, with respect to such families, the distribution of 
        income from known sources (including employer-reported wages, 
        assistance under the State program funded under this part, and 
        benefits under the food stamp program), the ratio of such 
        families' income to the poverty line, and the extent to which 
        such families receive or received noncash benefits and child 
        care assistance, disaggregated by race, ethnicity or national 
        origin, primary language, gender, education level, whether the 
        case remains open, and, with respect to closed cases, the 
        reason the case was closed.''.
            (2) Conforming amendments.--Section 411(a) (42 U.S.C. 
        611(a)) is amended--
                    (A) by redesignating paragraph (7) as paragraph 
                (8); and
                    (B) by inserting after paragraph (6), the 
                following:
            ``(7) Report on economic well-being of current and former 
        recipients.--The report required by paragraph (1) for a fiscal 
        quarter shall include for that quarter such information as the 
        Secretary may specify in order for the Secretary to include in 
        the annual reports to Congress required under subsection (b) 
        the information described in paragraph (5) of that 
        subsection.''.

SEC. 304. PROTECTION OF INDIVIDUAL PRIVACY.

    Section 411 of the Social Security Act (42 U.S.C. 611) is amended 
by adding at the end the following:
    ``(c) Protection of Individual Privacy.--With respect to any 
information concerning individuals or families receiving assistance, or 
applying for assistance, under the State programs funded under this 
part that is publicly disclosed by the Secretary, the Secretary shall 
ensure that such disclosure is made in a manner that protects the 
privacy of such individuals and families.''.

                        TITLE IV--EFFECTIVE DATE

SEC. 401. EFFECTIVE DATE.

    The amendments made by this Act take effect on October 1, 2002.
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