[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1385 Introduced in Senate (IS)]
1st Session
S. 1385
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 12, 2005
Mr. Feingold (for himself, Mr. Kennedy, and Ms. Landrieu) introduced
the following bill; which was read twice and referred to the
Committee on FinanceYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY
_______________________________________________________________________
A BILL
To amend part A of title IV of the Social Security Act to ensure fair
treatment and due process protections under the temporary assistance to
needy families program, to facilitate enhanced data collection and
reporting requirements under that program, and for other purposes.
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 2005''.
(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) (42 U.S.C. 607(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; and
``(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, 2006, 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,
2008, 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, 2010, 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, 2005.
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