S 2878 IS

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.

August 1, 2002

Mr. FEINGOLD 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 ensure fair treatment and due process protections under the temporary assistance to needy families program, to facilitate enhanced data collection and reporting requirements under that program, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.

(a) SHORT TITLE- This Act may be cited as the `Fair Treatment and Due Process Protection Act of 2002'.

(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents; references.

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

Sec. 101. Provision of interpretation and translation services.

Sec. 102. Assisting families with limited English proficiency.

TITLE II--SANCTIONS AND DUE PROCESS PROTECTIONS

Sec. 201. Sanctions and due process protections.

TITLE III--DATA COLLECTION AND REPORTING REQUIREMENTS

Sec. 301. Data collection and reporting requirements.

Sec. 302. Enhancement of understanding of the reasons individuals leave State TANF programs.

Sec. 303. Longitudinal studies of TANF applicants and recipients.

Sec. 304. Protection of individual privacy.

TITLE IV--EFFECTIVE DATE

Sec. 401. Effective date.

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

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

SEC. 101. PROVISION OF INTERPRETATION AND TRANSLATION SERVICES.

(a) IN GENERAL- Section 408(a) (42 U.S.C. 608(a) is amended by adding at the end the following:

`(12) PROVISION OF INTERPRETATION AND TRANSLATION SERVICES- A State to which a grant is made under section 403(a) for a fiscal year shall, with respect to the State program funded under this part and all programs funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)), provide appropriate interpretation and translation services to individuals who lack English proficiency if the number or percentage of persons lacking English proficiency meets the standards established under section 272.4(b) of title 7 of the Code of Federal Regulations (as in effect on the date of enactment of this paragraph).'.

(b) PENALTY- Section 409(a) (42 U.S.C. 609(a)) is amended by adding at the end the following:

`(15) PENALTY FOR FAILURE TO PROVIDE INTERPRETATION AND TRANSLATION SERVICES-

`(A) IN GENERAL- If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(12) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to up to 5 percent of the State family assistance grant.

`(B) PENALTY BASED ON SEVERITY OF FAILURE- The Secretary shall impose reductions under subparagraph (A) with respect to a fiscal year based on the degree of noncompliance.'.

SEC. 102. ASSISTING FAMILIES WITH LIMITED ENGLISH PROFICIENCY.

(a) IN GENERAL- Section 407(c)(2) is amended by adding at the end the following:

`(E) INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY- In the case of an adult recipient who lacks English language proficiency, as defined by the State, the State shall--

`(i) advise the adult recipient of available programs or activities in the community to address the recipient's education needs;

`(ii) if the adult recipient elects to participate in such a program or activity, allow the recipient to participate in such a program or activity; and

`(iii) consider an adult recipient who participates in such a program or activity on a satisfactory basis as being engaged in work for purposes of determining monthly participation rates under this section, except that the State--

`(I) may elect to require additional hours of participation or activity if necessary to ensure that the recipient is participating in work-related activities for a sufficient number of hours to count as being engaged in work under this section; and

`(II) shall attempt to ensure that any additional hours of participation or activity do not unreasonably interfere with the education activity of the recipient.'.

(b) PENALTY- Section 409(a) (42 U.S.C. 609(a)), as amended by section 101(b), is amended by adding at the end the following:

`(16) PENALTY FOR FAILURE TO PROVIDE INTERPRETATION AND TRANSLATION SERVICES-

`(A) IN GENERAL- If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 407(c)(2)(E) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to up to 5 percent of the State family assistance grant.

`(B) PENALTY BASED ON SEVERITY OF FAILURE- The Secretary shall impose reductions under subparagraph (A) with respect to a fiscal year based on the degree of noncompliance.'.

TITLE II--SANCTIONS AND DUE PROCESS PROTECTIONS

SEC. 201. SANCTIONS AND DUE PROCESS PROTECTIONS.

(a) IN GENERAL- Section 408(a) (42 U.S.C. 608(a)), as amended by section 101(a), is amended by adding at the end the following:

`(13) SANCTION PROCEDURES-

`(A) PRE-SANCTION REVIEW PROCESS- Prior to the imposition of a sanction against an individual or family receiving assistance under the State program funded under this part or under a program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) for failure to comply with program requirements, the State shall take the following steps:

`(i) Provide or send notice to the individual or family, and, if the recipient's native language is not English, through a culturally competent translation, of the following information:

`(I) The specific reason for the proposed sanction.

`(II) The amount of the proposed sanction.

`(III) The length of time during which the proposed sanction would be in effect.

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

`(V) That the agency will provide assistance to the individual in determining if good cause for noncompliance exists, or in coming into compliance with program requirements.

`(VI) That the individual may appeal the determination to impose a sanction, and the steps that the individual must take to pursue an appeal.

`(ii)(I) Ensure that, subject to clause (iii)--

`(aa) an individual other than the individual who determined that a sanction be imposed shall review the determination and have the authority to take the actions described in subclause (II); and

`(bb) the individual or family against whom the sanction is to be imposed shall be afforded the opportunity to meet with the individual who, as provided for in item (aa), is reviewing the determination with respect to the sanction.

`(II) An individual to which this subclause applies may--

`(aa) modify the determination to impose a sanction;

`(bb) determine that there was good cause for the individual or family's failure to comply;

`(cc) recommend modifications to the individual's individual responsibility or employment plan; and

`(dd) make such other determinations and take such other actions as may be appropriate under the circumstances.

`(iii) The review required under clause (ii) shall include consideration of the following:

`(I) To the extent applicable, whether barriers to compliance exist, such as a physical or mental impairment, including mental illness, substance abuse, mental retardation, a learning disability, domestic or sexual violence, limited proficiency in English, limited literacy, homelessness, or the need to care for a child with a disability or health condition, that contributed to the noncompliance of the person.

`(II) Whether the individual or family's failure to comply resulted from failure to receive or have access to services previously identified as necessary in an individual responsibility or employment plan.

`(III) Whether changes to the individual responsibility or employment plan should be made in order for the individual to comply with program requirements.

`(IV) Whether the individual or family has good cause for any noncompliance.

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

`(B) SANCTION FOLLOW-UP REQUIREMENTS- If a State imposes a sanction on a family or individual for failing to comply with program requirements, the State shall--

`(i) provide or send notice to the individual or family, in language calculated to be understood by the individual or family, and, if the individual's or family's native language is not English, through a culturally competent translation, of the reason for the sanction and the steps the individual or family must take to end the sanction;

`(ii) resume the individual's or family's full assistance, services, or benefits provided under this program (provided that the individual or family is otherwise eligible for such assistance, services, or benefits) once the individual who failed to meet program requirements that led to the sanction complies with program requirements for a reasonable period of time, as determined by the State and subject to State discretion to reduce such period;

`(iii) if assistance, services, or benefits have not resumed, as of the period that begins on the date that is 60 days after the date on which the sanction was imposed, and end on the date that is 120 days after such date, provide notice to the individual or family, in language calculated to be understood by the individual or family, of the steps the individual or family must take to end the sanction, and of the availability of assistance to come into compliance or demonstrate good cause for noncompliance with program requirements.'.

(b) PENALTY- Section 409(a) (42 U.S.C. 609(a)), as amended by section 102(b), is amended by adding at the end the following:

`(17) PENALTY FOR FAILURE TO FOLLOW SANCTION PROCEDURES-

`(A) IN GENERAL- If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(13) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to up to 5 percent of the State family assistance grant.

`(B) PENALTY BASED ON SEVERITY OF FAILURE- The Secretary shall impose reductions under subparagraph (A) with respect to a fiscal year based on the degree of noncompliance.'.

(c) STATE PLAN REQUIREMENT TO DESCRIBE HOW STATES WILL NOTIFY APPLICANTS AND RECIPIENTS OF THEIR RIGHTS UNDER THE PROGRAM AND OF POTENTIAL BENEFITS AND SERVICES AVAILABLE UNDER THE PROGRAM- Section 402(a)(1)(B)(iii) (42 U.S.C. 602(a)(1)(B)(iii)) is amended by inserting `, and will notify applicants and recipients of assistance under the program of the rights of individuals under all laws applicable to program activities and of all potential benefits and services available under the program' before the period.

(d) REQUIREMENT TO PROVIDE NOTICE TO APPLICANTS AND RECIPIENTS OF RIGHTS AND OF POTENTIAL PROGRAM BENEFITS AND SERVICES, AND TO TRAIN PROGRAM PERSONNEL TO RESPECT SUCH RIGHTS-

(1) IN GENERAL- Section 408(a) (42 U.S.C. 608(a)), as amended by subsection (a), is amended by adding at the end the following:

`(14) REQUIREMENT TO PROVIDE NOTICE TO APPLICANTS AND RECIPIENTS OF RIGHTS AND OF POTENTIAL PROGRAM BENEFITS AND SERVICES, AND TO TRAIN PROGRAM PERSONNEL TO RESPECT SUCH RIGHTS- A State to which a grant is made under section 403 shall--

`(A) notify each applicant for, and each recipient of, assistance under the State program funded under this part or under a program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) of the rights of applicants and recipients under all laws applicable to the activities of such program (including the right to claim good cause exceptions to program requirements), and shall provide the notice--

`(i) to a recipient when the recipient first receives assistance, benefits, or services under the program;

`(ii) to all such recipients on a semiannual basis; and

`(iii) orally and in writing, in the native language of the recipient and at not higher than a 6th grade level, and, if the recipient's native language is not English, through a culturally competent translation; and

`(B) train all program personnel on a regular basis regarding how to carry out the program consistent with such rights.'.

(2) PENALTY- Section 409(a) (42 U.S.C. 609(a)), as amended by subsection (b), is amended by adding at the end the following:

`(18) PENALTY FOR FAILURE TO PROVIDE NOTICE TO APPLICANTS AND RECIPIENTS OF RIGHTS AND OF POTENTIAL PROGRAM BENEFITS AND SERVICES, AND TO TRAIN PROGRAM PERSONNEL TO RESPECT SUCH RIGHTS-

`(A) IN GENERAL- If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(14) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to up to 5 percent of the State family assistance grant.

`(B) PENALTY BASED ON SEVERITY OF FAILURE- The Secretary shall impose reductions under subparagraph (A) with respect to a fiscal year based on the degree of noncompliance.'.

TITLE III--DATA COLLECTION AND REPORTING REQUIREMENTS

SEC. 301. DATA COLLECTION AND REPORTING REQUIREMENTS.

Section 411(a)(1) (42 U.S.C. 611(a)(1)) is amended--

(1) in subparagraph (A)--

(A) in the matter preceding clause (i), by striking `(except for information relating to activities carried out under section 403(a)(5))' and inserting `, and, in complying with this requirement, shall ensure that such information is reported in a manner that permits analysis of the information by race, ethnicity or national origin, primary language, gender, and educational level, including analysis using a combination of these factors, and that all data, including Federal, State, and local data (whether collected by public or private local agencies or entities that administer or operate the State program funded under this part) is made public and easily accessible';

(B) by striking clause (v) and inserting the following:

`(v) The employment status, occupation (as defined by the most current Federal Standard Occupational Classification system, as of the date of the collection of the data), and earnings of each employed adult in the family.';

(C) in clause (vii), by striking `and educational level' and inserting `, educational level, and primary language';

(D) in clause (viii), by striking `and educational level' and inserting `, educational level, and primary language'; and

(E) in clause (xi), in the matter preceding subclause (I), by inserting `, including, to the extent such information is available, information on the specific type of job, or education or training program' before the semicolon;

(2) by redesignating subparagraph (B) as subparagraph (C); and

(3) by inserting after subparagraph (A), the following:

`(B) INFORMATION REGARDING APPLICANTS-

`(i) IN GENERAL- Each eligible State shall collect on a monthly basis, and report to the Secretary on a quarterly basis, disaggregated case record information on the number of individuals who apply for but do not receive assistance under the State program funded under this part, the reason such assistance were not provided, and the overall percentage of applications for assistance that are approved compared to those that are disapproved with respect to such month.

`(ii) REQUIREMENT- In complying with clause (i), each eligible State shall ensure that the information required under that clause is reported in a manner that permits analysis of such information by race, ethnicity or national origin, primary language, gender, and educational level, including analysis using a combination of these factors.'.

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

(a) CASE CLOSURE REASONS- Section 411(a)(1) (42 U.S.C. 611(a)(1)), as amended by section 301, is amended--

(1) by redesignating subparagraph (C) (as redesignated by such section 301) as subparagraph (D); and

(2) by inserting after subparagraph (B) (as added by such section 301) the following:

`(C) DEVELOPMENT OF COMPREHENSIVE LIST OF CASE CLOSURE REASONS-

`(i) IN GENERAL- The Secretary shall develop, in consultation with States and individuals or organizations with expertise related to the provision of assistance under the State program funded under this part, a comprehensive list of reasons why individuals leave State programs funded under this part. In developing such list, the Secretary shall consider the full range of reasons for case closures, including the following:

`(I) Lack of access to specific programs or services, such as child care, transportation, or English as a second language classes for individuals with limited English proficiency.

`(II) The medical or health problems of a recipient.

`(III) The family responsibilities of a recipient, such as caring for a family member with a disability.

`(IV) Changes in eligibility status.

`(V) Other administrative reasons.

`(ii) OTHER REQUIREMENTS- The list required under clause (i) shall be developed with the goal of substantially reducing the number of case closures under the State programs funded under this part for which a reason is not known.

`(iii) PUBLIC COMMENT- The Secretary shall promulgate for public comment regulations that--

`(I) list the case closure reasons developed under clause (i);

`(II) require States, not later than October 1, 2004, to use such reasons in accordance with subparagraph (A)(xvi); and

`(III) require States to report on efforts to improve State tracking of reasons for case closures, including the identification of additional reasons for case closures not included on the list developed under clause (i).

`(iv) REVIEW AND MODIFICATION- The Secretary, through consultation and analysis of quarterly State reports submitted under this paragraph, shall review on an annual basis whether the list of case closure reasons developed under clause (i) requires modification and, to the extent the Secretary determines that modification of the list is necessary, shall publish proposed modifications for notice and comment, prior to the modifications taking effect.'.

(b) INCLUSION IN QUARTERLY STATE REPORTS- Section 411 (a)(1)(A) (42 U.S.C. 611(a)(1)(A)) is amended--

(1) in clause (xvi)--

(A) in subclause (IV), by striking `or' at the end;

(B) in subclause (V), by striking the period and inserting `; or'; and

(C) by adding at the end the following:

`(VI) a reason specified in the list developed under subparagraph (C), including any modifications of such list.';

(2) by redesignating clause (xvii) as clause (xviii); and

(3) by inserting after clause (xvi), the following:

`(xvii) The efforts the State is undertaking, and the progress with respect to such efforts, to improve the tracking of reasons for case closures.'.

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

(a) IN GENERAL- Section 413 (42 U.S.C. 613) is amended by striking subsection (d) and inserting the following:

`(d) LONGITUDINAL STUDIES OF APPLICANTS AND RECIPIENTS TO DETERMINE THE FACTORS THAT CONTRIBUTE TO POSITIVE EMPLOYMENT AND FAMILY OUTCOMES-

`(1) IN GENERAL- The Secretary, directly or through grants, contracts, or interagency agreements, shall conduct longitudinal studies in at least 5, and not more than 10, States (or sub-State areas, except that no such area shall be located in a State in which a Statewide study is being conducted under this paragraph) of a representative sample of families that receive, and applicants for, assistance under a State program funded under this part or under a program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)).

`(2) REQUIREMENTS- The studies conducted under this subsection shall--

`(A) follow families that cease to receive assistance, families that receive assistance throughout the study period, and families diverted from assistance programs; and

`(B) collect information on--

`(i) family and adult demographics (including race, ethnicity or national origin, primary language, gender, barriers to employment, educational status of adults, prior work history, prior history of welfare receipt);

`(ii) family income (including earnings, unemployment compensation, and child support);

`(iii) receipt of assistance, benefits, or services under other needs-based assistance programs (including the food stamp program, the medicaid program under title XIX, earned income tax credits, housing

assistance, and the type and amount of any child care);

`(iv) the reasons for leaving or returning to needs-based assistance programs;

`(v) work participation status and activities (including the scope and duration of work activities and the types of industries and occupations for which training is provided);

`(vi) sanction status (including reasons for sanction);

`(vii) time limit for receipt of assistance status (including months remaining with respect to such time limit);

`(viii) recipient views regarding program participation; and

`(ix) measures of income change, poverty, extreme poverty, food security and use of food pantries and soup kitchens, homelessness and the use of shelters, and other measures of family well-being and hardship over a 5-year period.

`(3) COMPARABILITY OF RESULTS- The Secretary shall, to the extent possible, ensure that the studies conducted under this subsection produce comparable results and information.

`(4) REPORTS-

`(A) INTERIM REPORTS- Not later than October 1, 2005, the Secretary shall publish interim findings from at least 12 months of longitudinal data collected under the studies conducted under this subsection.

`(B) SUBSEQUENT REPORTS- Not later than October 1, 2007, the Secretary shall publish findings from at least 36 months of longitudinal data collected under the studies conducted under this subsection.'.

(b) ANNUAL REPORT TO CONGRESS-

(1) IN GENERAL- Section 411(b) (42 U.S.C. 611(b)) is amended--

(A) in paragraph (2)--

(i) by inserting `(including types of sanctions or other grant reductions)' after `financial characteristics'; and

(ii) by inserting `, disaggregated by race, ethnicity or national origin, primary language, gender, education level, and, with respect to closed cases, the reason the case was closed' before the semicolon;

(B) in paragraph (3), by striking `and' at the end;

(C) in paragraph (4), by striking the period and inserting `; and'; and

(D) by adding at the end the following:

`(5) the economic well-being of children and families receiving assistance under the State programs funded under this part and of children and families that have ceased to receive such assistance, using longitudinal matched data gathered from federally supported programs, and including State-by-State data that details the distribution of earnings and stability of employment of such families and (to the extent feasible) describes, with respect to such families, the distribution of income from known sources (including employer-reported wages, assistance under the State program funded under this part, and benefits under the food stamp program), the ratio of such families' income to the poverty line, and the extent to which such families receive or received noncash benefits and child care assistance, disaggregated by race, ethnicity or national origin, primary language, gender, education level, whether the case remains open, and, with respect to closed cases, the reason the case was closed.'.

(2) CONFORMING AMENDMENTS- Section 411(a) (42 U.S.C. 611(a)) is amended--

(A) by redesignating paragraph (7) as paragraph (8); and

(B) by inserting after paragraph (6), the following:

`(7) REPORT ON ECONOMIC WELL-BEING OF CURRENT AND FORMER RECIPIENTS- The report required by paragraph (1) for a fiscal quarter shall include for that quarter such information as the Secretary may specify in order for the Secretary to include in the annual reports to Congress required under subsection (b) the information described in paragraph (5) of that subsection.'.

SEC. 304. PROTECTION OF INDIVIDUAL PRIVACY.

Section 411 of the Social Security Act (42 U.S.C. 611) is amended by adding at the end the following:

`(c) PROTECTION OF INDIVIDUAL PRIVACY- With respect to any information concerning individuals or families receiving assistance, or applying for assistance, under the State programs funded under this part that is publicly disclosed by the Secretary, the Secretary shall ensure that such disclosure is made in a manner that protects the privacy of such individuals and families.'.

TITLE IV--EFFECTIVE DATE

SEC. 401. EFFECTIVE DATE.

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

END