[Congressional Record Volume 149, Number 21 (Wednesday, February 5, 2003)]
[Senate]
[Pages S1996-S1999]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORZINE (for himself and Mr. Kennedy):
  S. 316. 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; to the Committee on Finance.
  Mr. CORZINE. Mr. President, I am honored and pleased to introduce 
legislation today that Senator Kennedy and I introduced with Senator 
Wellstone in the 107th Congress. Today, Senator Kennedy and I 
reintroduce the Chance to Succeed Act, legislation that will give TANF 
recipients with barriers to employment the tools they need to address 
these issues and move into employment.
  Studies show that between 44 and 64 percent of TANF recipients have 
multiple barriers to employment. These barriers range from mental 
health issues and substance abuse problems to learning disabilities, 
limited English proficiency and homelessness. We must assist TANF 
families in meeting their work and parenting obligations, while at the 
same time addressing the multiple barriers undermining their economic 
security.
  The Chance to Succeed Act encourages states to better serve the needs 
of TANF recipients with barriers to employment by giving States broad 
flexibility to place TANF recipients in barrier-removal activities and 
count recipients participating in such activities toward Federal work 
participation rates for at least six months. In addition to providing 
families the time they need to seek services, the legislation would 
assist States in developing a screening, assessment and service 
delivery system. This includes providing funding for State-level 
advisory panels to improve state policies and procedures for assisting 
families with barriers to work.
  Additionally, under the Chance to Succeed Act, States would create 
personal responsibility plans, a proposal endorsed by the Senate 
Finance Committee in the 107th Congress, that outline an employment 
goal for moving an individual into stable employment, the obligations 
of the individual to work toward becoming and remaining employed in the 
private sector, the individual's long-term career goals and the 
specific work experience, education, or training needed to reach them, 
and the services the State will offer based on screening and 
assessment.
  Finally, the Chance to Succeed Act would bar States from 
inappropriately sanctioning families with barriers to work. As many as 
one-half of parents who were sanctioned off of welfare for failure to 
comply with state welfare rules, were unable to comply because of their 
disability, health condition or illness. Under this legislation, states 
would be prohibited from imposing sanctions on individuals for whom the 
appropriate screening, assessment, or services are unavailable.
  Some States, including New Jersey, have already taken many of these 
steps, however, they have done so at their own expense. Last November, 
New Jersey granted an extension of benefits to 900 TANF recipients 
whose benefits were about to expire. Most of these families are too 
sick or disabled to work. Rather than forcing them off assistance, the 
state has recognized that these recipients need help. The Chance to 
Succeed Act will help states like New Jersey to identify these 
recipients and provide them supportive services to give them the tools 
they need to live independently. Ultimately, this will help states move 
this hard-to-serve group one step closer to self-sufficiency. Simply 
ignoring the needs of these families and sanctioning them off 
assistance will neither help them achieve independence, nor will it 
reduce their burden on the states or federal government.
  Thank you, I ask unanimous consent that the text of my legislation be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 316

       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 
     2003''.

     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), 6 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, occupational therapy, 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 6-month period referred to in subsection 
     (d)(13) 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.

[[Page S1997]]

       ``(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 2003, 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

[[Page S1998]]

     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 2004 through 2006.
       (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 2004 through 2007.
  Mr. KENNEDY. Mr. President, it is a privilege to join Senator Corzine 
in introducing the Chance to Succeed Act, which will benefit the most 
vulnerable families across the Nation. I'm concerned that the 
Administration's proposal on welfare reform fails to give States the 
flexibility needed to assist families who face serious barriers to 
employment. The Chance to Succeed Act provides this essential 
flexibility.
  Many of the individuals still remaining on welfare face significant 
and real barriers to finding and keeping jobs. These barriers include 
physical or mental disabilities, substance abuse, domestic or sexual 
violence, learning disabilities, problems with literacy or English 
proficiency, or the need to care for a sick or disabled child. These 
recipients are less likely to find jobs or earn adequate wages, and 
they are more likely to lose public assistance due to sanctions for 
noncompliance.
  It makes sense to assist these families on the road to self-
sufficiency by enabling states to do what is necessary to provide them 
with adequate work supports and needed services. This approach works, 
I've seen it in Massachusetts, which has been highly successful in 
serving its neediest families. In fact, even before the 1996 welfare 
reform, the state had developed a welfare program in which all 
recipients are screened for barriers to employment. We've successfully 
helped families without major barriers to obtain employment, and we've 
reduced our caseload by over 64 percent in five years. We've also been 
able, consistently and effectively, to serve families facing barriers 
and provide educational, rehabilitative, and other services appropriate 
for their situations. We have a socially and fiscally responsible 
welfare policy.
  The Chance to Succeed Act will encourage all states to take such 
steps. It will facilitate the development of screening, assessment, and 
service delivery procedures that enable states to identify these 
individuals and provide appropriate support and services. It will 
provide funding and technical assistance for state advisory panels, 
model practices, and more effective standards and procedures to help 
individuals find employment.
  This bill also helps the many persons who are unable to comply with 
current work requirements because of previously unidentified barriers 
to employment. It will enable each family to develop its own plan that 
includes career goals and private sector employment. It provides 
flexibility to states to design plans that meet families' unique needs. 
Activities essential to reducing and eliminating barriers can be 
counted as work. It will enable states to establish conciliation and 
follow-up procedures to remove barriers and improve compliance, so that 
fewer families are needlessly penalized and left vulnerable.
  Individuals with barriers to employment are an important part of 
genuine welfare reform, and it is long past time for Congress to 
include them. The Chance to Succeed Act is a first step in

[[Page S1999]]

helping the many families who face barriers to become more self-
sufficient.
                                 ______