S 2610 IS

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.

June 11, 2002

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

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

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

SECTION 1. SHORT TITLE.

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

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

Section 407 of the Social Security Act (42 U.S.C. 607) is amended--

(1) in subparagraphs (A) and (B) of subsection (c), by striking `or (12)' each place it appears and inserting `(12), or (13)';

(2) in subsection (d)--

(A) in paragraph (11), by striking `and' at the end;

(B) in paragraph (12), by striking the period and inserting `; and'; and

(C) by adding at the end the following:

`(13) subject to subsection (j), 3 months of satisfactory participation (as determined by the State) in services to address barriers that are designed to improve future employment opportunities, including substance abuse treatment, domestic violence counseling, and physical rehabilitation, mental health, and mental retardation and developmental disabilities services.'; and

(3) by adding at the end the following:

`(j) STATE OPTION TO EXTEND PERIOD FOR PARTICIPATION IN SERVICES TO ADDRESS BARRIERS-

`(1) IN GENERAL- With respect to an individual, a State may extend the 3-month period referred to in subsection (d)(13) for an additional 3 months and, if necessary, for an additional period determined by the State, so long as the State periodically reassesses the appropriateness of the activities referred to in such subsection for the individual.

`(2) RULE OF CONSTRUCTION- Nothing in paragraph (1) or subsection (d)(13) shall be construed to limit the amount of time an individual may require, or a State may provide, services to address barriers that are designed to improve future employment opportunities.'.

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

(a) ASSESSMENTS- Section 408(b) of the Social Security Act (42 U.S.C. 608(b)) is amended--

(1) by striking paragraph (1) and inserting the following:

`(1) ASSESSMENT PROVIDED FOR EACH INDIVIDUAL WHO RECEIVES ASSISTANCE-

`(A) IN GENERAL- The State agency responsible for administering the State program funded under this part shall make an initial assessment of each adult individual who receives assistance under the program (and, in the case of a State program that requires an individual who is a caretaker for an individual who receives such assistance to engage in work, an initial assessment of the caretaker individual) to determine whether the individual has any barriers to employment or program compliance.

`(B) 2-PART PROCESS- The assessment under subparagraph (A) shall consist of the following 2 parts:

`(i) INITIAL SCREENING-

`(I) IN GENERAL- An initial screening which shall evaluate an individual's employability, educational capacity, and other related circumstances, such as the child support status, housing needs, and transportation needs of the individual and the individual's family.

`(II) REQUIRED FACTORS TO BE ASSESSED- A trained caseworker shall screen the individual for conditions such as physical or mental impairments, substance abuse, domestic or sexual violence, learning disabilities, limited English proficiency, limited literacy in a primary language, and need to care for a child with a disability or health condition which may interfere with work or other program requirements.

`(III) OPTIONAL ASSESSMENT OF CHILD CARE NEEDS- At the option of the individual, the State shall, before assigning the individual to a work activity under the State program funded under this part, perform an assessment of the individual's child care needs, and guarantee safe, appropriate, affordable quality child care to any such individual who needs child care.

`(IV) OPTIONAL ASSESSMENT OF JOB PREPARATION- At the option of the individual, the State shall, before assigning the individual to a work activity under the State program funded under this part, perform an individual assessment for the preparation that is

needed for the individual to obtain and maintain a job at a monthly wage that is at least 200 percent of the poverty line applicable to the family of the individual.

`(ii) COMPREHENSIVE ASSESSMENT- If an initial screening under clause (i) suggests the existence of potential barriers to work or program compliance, the individual may elect to participate in a comprehensive assessment conducted by a qualified professional to confirm the existence of the barriers, determine the extent of the barriers, and develop recommendations about appropriate services and activities for the individual.

`(C) FAMILY MEMBERS- At the discretion of an individual who receives assistance under the State program funded under this part, a member of the individual's family also may be afforded an assessment in accordance with this paragraph.

`(D) NOT CONSIDERED A PROGRAM REQUIREMENT- Participation by an individual or by a member of the individual's family in an assessment under this paragraph shall not be considered a program requirement for the individual or the individual's family.

`(E) INCLUSION OF CASEWORKERS- Nothing in subparagraph (B)(ii) shall be construed as prohibiting a caseworker from being a qualified professional for purposes of that subparagraph if the caseworker satisfies the requirements for being considered a qualified professional.'; and

(2) by striking paragraph (4).

(b) REVIEW AND CONCILIATION PROCESS- Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following:

`(12) REVIEW AND CONCILIATION PROCESS-

`(A) IN GENERAL- A State to which a grant is made under section 403 shall not impose a sanction against an individual or family under the State program funded under this part on the basis of noncompliance by an individual or family with a program requirement, unless the State satisfies the following requirements:

`(i) NOTICE- The State has attempted, at least twice (using at least 2 different communication methods, 1 of which shall be in writing) to notify the individual or family, in the individual's or family's native language, of--

`(I) the impending imposition of the sanction;

`(II) the reason for the proposed sanction;

`(III) the amount of the sanction;

`(IV) the length of time during which the proposed sanction would be in effect; and

`(V) the steps required to come into compliance or to show good cause for noncompliance.

`(ii) REVIEW- The State has afforded the individual or family an opportunity to meet with personnel outside the agency that administers the State program funded under this part who the State has contracted with to make a determination regarding why the individual or family did not comply with the program requirement, that is to be the basis on which the sanction is to be imposed, and that includes--

`(I) consideration of whether certain barriers to compliance exist that contributed to the noncompliance of the individual or family, such as a physical or mental impairment, including a mental health or substance abuse disorder or mental retardation, a learning disability, domestic or sexual violence, limited proficiency in English, limited literacy, or the need to care for a child with a disability or health condition;

`(II) consideration of whether the individual or family has good cause for failing to meet program requirements;

`(III) consideration of whether an additional assessment would assist in identifying reasons for noncompliance;

`(IV) consideration of whether support services or changes to the program requirements or activities to which the individual or family has been assigned are necessary in order for the individual or family to comply with program requirements; and

`(V) ensuring that the State's sanction policies have been applied properly.

`(B) SANCTION LIMITATIONS-

`(i) BAN ON IMPOSITION OF SANCTION IF NEEDED SCREENING, ASSESSMENT, OR SERVICES WERE UNAVAILABLE- A State may not impose a sanction against an individual or family under the State program funded under this part on the basis of noncompliance by an individual or family with a program requirement if the individual whose conduct is the basis of the sanction is in the process of being screened or assessed for a mental health problem, disability, substance abuse problem, or sexual or domestic violence situation but the screening or assessment has not been completed, or if services outlined in the service plan developed for the individual or family were not offered, available, and accessible to the individual or family at the time of the noncompliance.

`(ii) NO BAN ON SANCTION IF INDIVIDUAL OR FAMILY FAILS TO TAKE ADVANTAGE OF ASSESSMENT OR SERVICES AND DOES NOT COMPLY WITH WORK REQUIREMENTS- Nothing in this paragraph shall be construed as prohibiting a State that has complied with the requirements of this paragraph and section 408(b)(1) from imposing a sanction for noncompliance with work requirements against an individual or family who opts to not take full advantage of the opportunity for assessment or the services and supports made available to ensure that the individual or family can comply with program requirements if such an individual or family is not complying with the State's work requirements.

`(C) SANCTION FOLLOW-UP REQUIREMENTS-

`(i) IN GENERAL- If a State imposes a sanction on an individual or family for failing to comply with program requirements, the State shall--

`(I) provide, at the time the sanction is imposed and periodically thereafter for at least 6 months, notice (in at least 2 different forms) to the individual or family of the reason for the sanction and the steps the individual or family must take to end the sanction;

`(II) reinstate the individual's or family's full benefits if the individual or family member who failed to meet the program requirements that led to the sanction complies with program requirements for a reasonable period of time and the individual or family is otherwise eligible; and

`(III) if the sanction is time-limited, notify the individual or family at least 10 days before the expiration of the sanction of the date when the individual or family will no longer be in sanction status and inform the individual or family how assistance will be reinstated.

`(ii) OUTREACH TO INDIVIDUALS AND FAMILIES SANCTIONED WHO HAVE NOT RESUMED RECEIVING CASH ASSISTANCE- If, during the 5-year period that ended on the date of enactment of the Chance to Succeed Act of 2002, a State imposed a sanction against an individual or family that resulted in the individual or family losing all cash assistance under the State program funded under this part, and the individual or family did not resume receiving cash assistance at the end of the sanction period, the State shall make reasonable efforts to identify such individuals and families and notify them, using at least 2 methods of communication, 1 of which is written, of the assistance, services, and support they may be eligible to receive.

`(D) CONFIDENTIALITY- The State, and any individuals or entities acting as agents of the State, shall not disclose any identifying information obtained through any process or procedure instituted pursuant to this paragraph unless required or permitted to do so by law.

`(E) DEVELOPMENT OF STANDARDS, PROCEDURES, TRAINING, AND SCREENING TOOLS- States and local governments shall, in consultation with Federal, State, tribal, or local experts in the different barriers to employment, develop standards, procedures, training, and screening tools for use in carrying out this paragraph.'.

(c) PLAN REQUIREMENTS FOR INDIVIDUAL RESPONSIBILITY PLANS- Section 408(b)(2)(A) of the Social Security Act (42 U.S.C. 608(b)(2)(A)) is amended to read as follows:

`(A) REQUIREMENTS-

`(i) IN GENERAL- From the assessment described in paragraph (1), the State, in consultation with the individual who is the subject of the assessment, shall develop a personal responsibility plan, that--

`(I) sets forth an employment goal to move the individual into stable employment;

`(II) sets forth the obligations of the individual that will help the individual become and remain employed in the private sector;

`(III) describes the individual's long-term career goals and the specific work experience, education, or training needed to reach them; and

`(IV) identifies the services the State will offer the individual's family based upon the assessment and evaluation described in this section.

`(ii) MODIFICATION- If the State is unable to provide needed services to the individual or the individual's family, the State shall modify the personal responsibility plan to be consistent with the needs of the individual, the family, and the capacity of the State.'.

(d) TECHNICAL ASSISTANCE- The Secretary shall coordinate with Federal, State, and tribal experts and qualified professionals to determine, develop, and disseminate to States, and provide technical assistance with respect to, model practices, standards, and procedures for screening, assessment, addressing barriers, including multiple barriers, in a comprehensive manner, and moving individuals and families with barriers into employment, as well as model training materials for caseworkers.

(e) STATE PLAN REQUIREMENT- Section 402(a)(1)(A) of the Social Security Act (42 U.S.C. 602(a)(1)(A)) is amended by adding at the end the following:

`(vii) Identify and serve individuals and families with barriers to employment as described in section 408(b)(1).'.

(f) COORDINATING EXEMPTIONS FROM WORK REQUIREMENTS- Section 408(a)(7)(C) of the Social Security Act (42 U.S.C. 608(a)(7)(C)) is amended by adding at the end the following:

`(iv) FAMILIES EXEMPTED FROM WORK REQUIREMENTS BY REASON OF BARRIER TO WORK BY FAMILY MEMBER- The State shall exempt a family from the application of subparagraph (A) of this paragraph if the State permits a member of the family (or, in the case of a State that requires a caretaker for an individual who receives assistance to engage in work, a caretaker) to engage in activities to address barriers, pursuant to section 407(d)(13), so long as the State determines that the individual is satisfactorily participating in such activities.'.

(g) ADVISORY PANEL TO IMPROVE STATE POLICIES AND PROCEDURES FOR ASSISTING INDIVIDUALS AND FAMILIES WITH BARRIERS TO WORK-

(1) MEMBERSHIP; CHAIR-

(A) MEMBERSHIP- Each State that receives a State family assistance grant under section 403(a)(1) of the Social Security Act (42 U.S.C. 603(a)(1)) shall establish an advisory panel consisting of representatives of the following:

(i) The State agency responsible for administering the temporary assistance to needy families program established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) (in this subsection referred to as the `TANF program').

(ii) Professionals from other State agencies with expertise in barriers that interfere with an individual's or family's ability to work, such as physical or mental impairments, substance abuse, domestic or sexual violence, learning disabilities, limited English proficiency, limited literacy in a primary language, and need to care for a child with a disability or health condition.

(iii) Organizations representing individuals and families with such barriers.

(iv) Professionals with expertise in designing and implementing policies and programs to successfully serve individuals and families with such barriers.

(v) Individuals and families with such barriers who are recipients of cash assistance or support services under the TANF program.

(B) CHAIR- The chief executive officer of the State shall appoint an individual who is not a State employee to serve as chair of the advisory panel.

(2) DUTIES-

(A) IN GENERAL- The advisory panel shall review the efficacy of each program described in subparagraph (B) to determine--

(i) the amount of funds spent on services under the program;

(ii) the referral process for participation in the program, including whether individuals and families received referrals and services;

(iii) the effect services provided under the program had on an individual's and family's economic status; and

(iv) ways in which the State can improve the effectiveness of its policies and procedures to serve individuals and families with barriers to work or program compliance.

(B) PROGRAMS DESCRIBED- For purposes of subparagraph (A), a program described in this subparagraph, is a program that--

(i) is funded under the TANF program;

(ii) receives funding from amounts made available under the State family assistance grant made under section 403(a)(1) of the Social Security Act (42 U.S.C. 603(a)(1)); or

(iii) is funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i) of such Act (42 U.S.C. 609(a)(7)(B)(i))).

(C) DEVELOPMENT OF MECHANISM FOR REVIEW AND REPORTS BY LOCAL UNITS OF GOVERNMENT- In the case of a State in which significant policy or spending decisions are made in the State with respect to a program described in subparagraph (B) at the county or other local unit of government, then the advisory panel shall develop a mechanism that requires each county or other local unit of government to--

(i) review its policies and procedures with respect to that program and file a written report with the advisory panel regarding how the policies and procedures for the program are designed to assist individuals and families with barriers to work; and

(ii) respond to any other requests for information from the advisory panel regarding the TANF program.

(D) ADDITIONAL AUTHORITY- In order to carry out the duties described in this paragraph, the advisory panel may hold such meetings (in addition to the regular meetings required under paragraph (3)(C)) and such public

hearings, hire such staff, enter into the contract required under paragraph (4)(B), and travel to such locations of programs described in subparagraph (B), as the panel determines to be appropriate.

(3) DURATION; MEETINGS-

(A) DURATION- An advisory panel established in accordance with this subsection shall remain in effect for at least 3 years from the date of the initial meeting of the panel.

(B) DEADLINE FOR INITIAL MEETING- Not later than the end of the first Federal fiscal year quarter that begins on or after the date of enactment of this Act, the advisory panel shall meet for its initial meeting.

(C) REGULAR MEETINGS- The advisory panel shall meet on a regular basis.

(4) REPORTS-

(A) IN GENERAL- Each advisory panel established in accordance with this subsection shall file the following reports with the Secretary of Health and Human Services:

(i) Not later than 12 months after the initial meeting of the advisory panel, an interim report identifying areas where improvement is needed with respect to State policies and procedures to serve individuals with barriers to work and the steps the State is taking or plans to take to make those improvements.

(ii) Not later than 24 months after such initial meeting, a progress report on how the improvements identified in the report required under clause (i) are being made, whether additional improvements are needed, including plans to make those improvements, and that includes the report of the independent evaluation entity required under subparagraph (B).

(iii) Not later than 36 months after such initial meeting, a final report that describes how the programs described in subparagraph (B) have been improved to assist individuals and families with barriers to work and identifies ongoing work that will be needed to maintain the improvements made.

(B) REQUIREMENTS FOR PROGRESS REPORT- In preparation for the progress report required under subparagraph (A)(ii), the advisory panel shall hire an independent evaluation entity to assess the State's progress in meeting the goals set forth by the advisory panel. In States described in paragraph (2)(C), the independent evaluation entity shall also assess the progress being made at the county level or appropriate other unit of local government.

(C) REPORTS TO CONGRESS- The Secretary of Health and Human Services shall compile the reports submitted under subparagraph (A) and shall submit such compilations to Congress as part of any annual report to Congress on the TANF program.

(5) PUBLIC ACCESS-

(A) IN GENERAL- All materials collected by or provided to the advisory panel and all reports submitted by the advisory panel to the State or the Secretary of Health and Human Services shall be publicly available.

(B) OPPORTUNITY FOR PUBLIC COMMENT- The advisory panel shall create opportunities to secure public comments on a draft of each report to be submitted to the State or the Secretary of Health and Human Services and shall submit a summary of such comments with the final draft of the report.

(6) FUNDING- Out of funds made available to carry out this subsection, the Secretary of Health and Human Services shall pay each State that establishes an advisory panel in accordance with this subsection, $1,500,000, for the period of fiscal years 2003 through 2005.

(7) RULE OF CONSTRUCTION- Nothing in this paragraph shall be construed as authorizing an advisory review panel established under this paragraph to resolve complaints filed by individuals or entities related to possible violations of laws protecting civil rights.

(8) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Secretary of Health and Human Services to carry out this subsection, such sums as are necessary for each of fiscal years 2003 through 2006.

END