[Congressional Record Volume 148, Number 108 (Thursday, August 1, 2002)]
[Senate]
[Pages S7946-S7949]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FEINGOLD:
  S. 2878. 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; to the Committee on Finance.
  Mr. FEINGOLD. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2878

       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:

[[Page S7947]]

       ``(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.''.

[[Page S7948]]

         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

[[Page S7949]]

     (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.
                                 ______