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S.2052
Personal Responsibility and Work Opportunity Reconciliation Act
Amendments of 2002 (Introduced in Senate)
SEC. 604. RESEARCH AND DEVELOPMENT.
(a) LONGITUDINAL STUDIES OF TANF RECIPIENTS- Section 413 (42 U.S.C. 613)
is amended by striking subsections (d) and (e) and inserting the following:
`(d) LONGITUDINAL STUDIES OF TANF 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 10
States of a representative sample of families that receive, and applicants
for, assistance in 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
follow families that leave assistance, those that receive assistance
throughout the study period, and those diverted from assistance programs.
The studies shall gather information on--
`(A) family and adult demographics (including race, ethnicity, primary
language, barriers to employment, educational status of adults, prior work
history, and prior history of welfare receipt);
`(B) family income (including earnings, unemployment compensation, and
child support);
`(C) benefit receipt (including benefits under the food stamp program,
the medicaid program, the State children's health insurance program,
earned income tax credits, and housing assistance);
`(D) reasons for leaving or returning to assistance programs;
`(E) work participation status and activities, including the scope and
duration of work activities;
`(F) sanction status (including reasons for sanction);
`(G) time limit status (including months remaining on Federal and
State time limits);
`(H) recipient views on program participation; and
`(I) other measures of family well-being over a 5-year
period.
`(3) COMPARABILITY- The Secretary shall to the extent possible ensure
that the studies produce comparable results and information.
`(4) REPORTS- The Secretary shall publish--
`(A) not later than December 31, 2005, interim findings from at least
12 months of longitudinal data; and
`(B) not later than December 31, 2007, findings from at least 36
months of longitudinal data.
`(e) LONGITUDINAL STUDIES OF EMPLOYMENT AND EARNINGS OF TANF LEAVERS-
`(1) IN GENERAL- The Secretary, directly or through grants, contracts,
or interagency agreements shall conduct a study in each eligible State of a
statistically relevant cohort of individuals who leave the State program
funded under this part during fiscal year 2003 and individuals who leave the
program during fiscal year 2005, which uses State unemployment insurance
data to track the employment and earnings status of the individuals during
the 3-year period beginning at the time the individuals leave the
program.
`(2) REPORTS- The Secretary shall annually publish the findings of the
studies conducted pursuant to paragraph (1) and shall annually publish the
earnings data used in making determinations under section 407(b).'.
(b) EXTENSION OF FUNDING OF STUDIES AND DEMONSTRATIONS- Section 413(h) (42
U.S.C. 613(h)) is amended to read as follows:
`(h) FUNDING OF STUDIES AND DEMONSTRATIONS- Out of any money in the
Treasury of the United States not otherwise appropriated, there are
appropriated $15,000,000 for each fiscal year beginning with 1997 for the
purpose of paying--
`(1) the cost of conducting the research described in subsection
(a);
`(2) the cost of developing and evaluating innovative approaches for
reducing welfare dependency
and increasing the well-being of minor children under subsection (b);
`(3) the cost of conducting studies described in subsections (d) and
(e);
`(4) the Federal share of any State-initiated study approved under
subsection (f); and
`(5) an amount determined by the Secretary to be necessary to operate
and evaluate demonstration projects, relating to this part, that are in
effect or approved under section 1115 as of August 22, 1996, and are
continued after such date.'.
(c) INCLUSION OF DISABILITY
STATUS IN INFORMATION STATES REPORT ABOUT TANF FAMILIES- Section 411(a)(1)(A)
(42 U.S.C. 611(a)(1)(A)) is amended by adding at the end the following:
`(xviii) Whether the head of the family has a physical or mental
impairment.'.
(d) ANNUAL REPORT TO CONGRESS TO INCLUDE GREATER DETAIL ABOUT STATE
PROGRAMS FUNDED UNDER TANF- Section 411(b)(3) (42 U.S.C. 611(b)(3)) is amended
to read as follows:
`(3) the characteristics of each State program funded under this part,
including, with respect to each program funded with amounts provided under
this part or with amounts the expenditure of which is counted as a qualified
State expenditure for purposes of section 409(a)(7)--
`(A) the name of the program;
`(B) whether the program is authorized at a sub-State level (such as
at the county level);
`(C) the purpose of the program;
`(D) the main activities of the program;
`(E) the total amount received by the program from amounts provided
under this part;
`(F) the total of the amounts received by the program that are amounts
the expenditure of which are counted as qualified State expenditures for
purposes of section 409(a)(7);
`(G) the total funding level of the program;
`(H) the total number of individuals served by the program, and the
number of such individuals served specifically with funds provided under
this part or with amounts the expenditure of which are counted as
qualified State expenditures for purposes of section 409(a)(7);
and
`(I) the eligibility criteria for participation in the
program;'.
(e) ENHANCEMENT OF UNDERSTANDING OF THE REASONS INDIVIDUALS LEAVE STATE
TANF PROGRAMS-
(1) CASE CLOSURE REASONS-
(A) IN GENERAL- Section 411(a)(1) (42 U.S.C. 611(a)(1)) is amended by
adding at the end the following:
`(C) DEVELOPMENT OF COMPREHENSIVE LIST OF CASE CLOSURE REASONS- The
Secretary shall develop, in consultation with States and policy experts, a
comprehensive list of reasons why individuals leave State programs funded
under this part. The list shall be aimed at substantially reducing the
number of case closures under the programs for which a reason is not
known.'.
(B) PUBLIC COMMENT- Not later than December 31, 2004, the Secretary of
Health and Human Services shall publish for public comment regulations
that list the new case closure reasons to be used in accordance with
section 411(a)(1)(A)(xvi)(VI) of the Social Security Act (42 U.S.C.
611(a)(1)(A)(xvi)(VI) (as amended by paragraph (2)).
(2) INCLUSION IN QUARTERLY STATE REPORTS- Section 411(a)(1)(A)(xvi) (42
U.S.C. 611(a)(1)(A)(xvi)) is amended--
(A) in subclause (IV), by striking `or' at the end;
(B) in subclause (V), by striking the period at the end and inserting
`; or'; and
(C) by adding at the end the following:
`(VI) a reason specified in the list developed under subparagraph
(C).'.
(f) STANDARDIZED STATE PLANS- Section 402 (42 U.S.C. 602) is amended by
adding at the end the following:
`(d) STANDARDIZED FORMAT- Not later than February 1, 2003, the Secretary,
after consulting with the States, shall promulgate regulations for public
comment that establish a standardized format which States shall use to submit
plans under subsection (a) for fiscal year 2004 and thereafter.'.
(g) ANNUAL STUDY AND REPORT ON TERRITORY PROGRAMS EXPENDITURES AND
ECONOMIC CONDITIONS-
(1) ANNUAL EXPENDITURE REPORTS- Beginning with fiscal year 2003, the
Secretary of Health and Human Services annually shall collect and report to
Congress expenditure data with respect to a fiscal year for Puerto Rico, the
Virgin Islands, Guam, and American Samoa concerning temporary assistance to
needy programs funded under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.) that are conducted by such territories and any
related programs conducted by such territories that are designed to provide
assistance to needy families.
(2) ANNUAL REPORT ON ECONOMIC CONDITIONS- Beginning with fiscal year
2003, the Director of the Bureau of the Census shall submit to Congress
annual reports on the economic conditions in Puerto Rico, the Virgin
Islands, Guam, and American Samoa. Each report shall include information
concerning the impact of the economic conditions described in the report on
recipients and former recipients of assistance under temporary assistance to
needy programs funded under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.) that are conducted by such territories.
SEC. 605. GAO STUDY ON IMPACT OF BAN ON SSI BENEFITS FOR LEGAL
IMMIGRANTS.
(a) STUDY- The Comptroller General of the United States shall conduct a
study to determine the impact of the prohibition under section 402 of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1612) with respect to the eligibility of qualified aliens (as defined
in section 431 of such Act (8 U.S.C. 1641)) for benefits under the
supplemental security income program under title XVI of the Social Security
Act (42 U.S.C. 1381 et seq.), including supplementary payments pursuant to an
agreement for Federal administration under section 1616(a) of such Act (42
U.S.C. 1382e) and payments pursuant to an agreement entered into under section
212(b) of Public Law 93-66.
(b) REPORT- Not later than 1 year after the date of enactment of this Act,
the Comptroller General shall submit a report to Congress on the study
conducted under subsection (a) that includes such recommendations for
legislative action as the Comptroller General determines appropriate.
SEC. 606. GRANTS TO IMPROVE STATES' POLICIES AND PROCEDURES FOR ASSISTING
INDIVIDUALS WITH BARRIERS TO WORK.
Section 403(a) (42 U.S.C. 603(a)), as amended by section 103, is amended
by adding at the end the following:
`(7) GRANTS TO IMPROVE STATES' POLICIES AND PROCEDURE FOR ASSISTING
INDIVIDUALS WITH BARRIERS TO WORK-
`(A) AUTHORITY TO MAKE GRANTS-
`(i) IN GENERAL- The Secretary shall make grants to each State for
the period of fiscal years 2003 through 2006 and to be used in
accordance with the requirements of this paragraph.
`(I) IN GENERAL- Subject to subclause (II) and clauses (iii) and
(iv), the Secretary shall have discretion to set the amount of each
State's grant under this paragraph.
`(II) MINIMUM AND MAXIMUM GRANTS- No grant made under this
paragraph shall be less than $750,000 or more than
$3,000,000.
`(iii) LIMITATION- The total amount of grants provided to States
under this paragraph for the period of fiscal years 2003 through 2006
shall not exceed $75,000,000.
`(iv) CRITERIA FOR DETERMINING AMOUNT OF GRANT- In determining the
amount of a State's grant under this paragraph, the Secretary shall take
into account the size of the population of the State and the extent to
which the advisory review panel established with funds made available
under the grant will need to review diverse policies among counties or
other sub-State entities within the State that have authority to design
and implement programs under the State TANF program.
`(B) ESTABLISHMENT OF ADVISORY REVIEW PANEL- Each State shall use the
funds provided under a grant made under subparagraph (A) to establish an
advisory review panel to improve the State's policies and procedures for
assisting individuals under the State TANF program who have barriers to
work.
`(i) IN GENERAL- A advisory review panel established under this
paragraph shall consist of the following:
`(I) Representatives of the State agency responsible for
administering the State TANF program.
`(II) Representatives from other States agencies with expertise in
providing services to individuals with disabilities or other barriers
to work, such as vocational rehabilitation services.
`(III) Parents with barriers to work who are recipients of cash
assistance or support services under the State TANF
program.
`(IV) Individuals or representatives of entities with expertise in
designing and implementing policies and programs to successfully serve
individuals with barriers to work.
`(I) IN GENERAL- Subject to subclause (II), the Chair of the panel
shall be appointed by the chief executive officer of the
State.
`(II) LIMITATION- The Chair shall not be a State
employee.
`(iii) COORDINATION WITH EXISTING PANELS- A State should coordinate
the establishment of an advisory review panel under this paragraph with
other advisory panels established as of October 1, 2002, that serve
recipients of assistance under the State TANF program.
`(i) IN GENERAL- In seeking to improve a State's policies and
procedures for assisting individuals with barriers to work, an advisory
review panel established under this paragraph shall hold meetings, hire
support staff, enter into contracts for independent evaluations, and
submit the reports required under subparagraph (E).
`(ii) SITE VISITS; PUBLIC HEARINGS- To the extent it determines
appropriate, an advisory review panel established under this paragraph
may--
`(I) conduct site visits to State or local agencies responsible
for administering the State TANF program; and
`(II) hold public hearings.
`(iii) 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.
`(E) REPORTS- An advisory review panel established under this
paragraph shall submit to the Secretary on the dates described below the
following reports:
`(i) On December 31, 2003, a report identifying areas in the State
where improvement is needed with respect to assisting individuals with
barriers to work and steps the State is taking or plans to take to make
those improvements.
`(ii) On December 31, 2004, a progress report on how the
improvements identified in the report described in clause (i) are being
made and regarding whether additional improvements are needed, and if
so, the plans to make those improvements.
`(iii) On December 31, 2005, a final report describing how the
State's programs funded with funds made available under the State TANF
program have been improved to assist individuals with barriers to work
and identifying ongoing efforts that will be needed to maintain the
improvements made.
`(F) DEFINITIONS- In this paragraph:
`(i) BARRIERS TO WORK- The term `barriers to work' includes physical
and mental impairments (including learning disabilities), domestic and
sexual violence, substance abuse, limited English proficiency, or low
literacy levels. Such term may include transportation, child care and
caring for a family member with a severe disability if those issues
create a functional barrier to work for a recipient of assistance under
the State TANF program.
`(ii) STATE TANF PROGRAM- The term `State TANF program' means the
State program funded under this part and a program funded with qualified
State expenditures (as defined in section 409(a)(7)(B)(i)).
`(i) IN GENERAL- Out of any money in the Treasury of the United
States not otherwise appropriated, there are appropriated to carry out
this paragraph, $75,000,000 for the period of fiscal years 2003 through
2006.
`(ii) TECHNICAL ASSISTANCE- Of the amount appropriated under clause
(i), $7,000,000 shall be used by the Secretary to provide technical
assistance on barriers to work and related issues.'.
SEC. 607. ENSURING A PROFESSIONAL TANF PROGRAM STAFF.
(a) STATE PLAN REQUIREMENT- Section 402(a)(1)(B) (42 U.S.C. 602(a)(1)(B))
is amended by adding at the end the following:
`(v) The document shall outline how the State intends to ensure a
professional workforce with the resources, skills, and expertise
necessary to successfully carry
out the program, including an outline of the State's plans to provide program
staff with training on program information and services and information on
referral of recipients to appropriate programs and services for which recipients
are eligible.'.
(b) GAO SURVEY, EVALUATION, AND REPORT-
(1) IN GENERAL- The Comptroller General of the United States shall
conduct a thorough survey and evaluation of State activities on workforce
development for professional staff delivering benefits or services under the
temporary assistance to needy families program under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.) or services or benefits
related to that program.
(2) REQUIREMENTS- The survey and evaluation conducted under paragraph
(1) shall be designed to include the following information:
(A) Information on the qualifications, education, and training for the
staff described in paragraph (1), and the amount of turnover among such
staff.
(B) An assessment of the range of caseloads such staff is responsible
for and the effects of caseloads on family outcomes and satisfaction with
the temporary assistance to needy families program.
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