Home > 108th Congressional Bills > H.R. 625 (ih) To expand the purposes of the program of block grants to States for temporary assistance for needy families to include poverty reduction, and to make grants available under the program for that purpose. [Introduced in House] ...H.R. 625 (ih) To expand the purposes of the program of block grants to States for temporary assistance for needy families to include poverty reduction, and to make grants available under the program for that purpose. [Introduced in House] ...
108th CONGRESS
1st Session
H. R. 624
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.
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IN THE HOUSE OF REPRESENTATIVES
February 5, 2003
Mr. Stark (for himself, Mr. Rangel, Mr. McDermott, Mr. Baca, Mr.
Becerra, Ms. Corrine Brown of Florida, Mr. Davis of Illinois, Ms.
DeLauro, Mr. Frank of Massachusetts, Mr. Jefferson, Ms. Eddie Bernice
Johnson of Texas, Mr. Kucinich, Mr. Honda, Ms. Lee, Mr. Markey, Mr.
Matsui, Mr. George Miller of California, Mr. Nadler, Ms. Norton, Mr.
Payne, Ms. Schakowsky, Mr. Serrano, Ms. Watson, Mr. Waxman, Mr. Wexler,
and Ms. Woolsey) introduced the following bill; which was referred to
the Committee on Ways and Means
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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.
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, physical
rehabilitation, and mental health, 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.
``(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
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