II 

109TH CONGRESS 

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 Finance 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2 

•S 1385 IS 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF2 ERENCES. 

3 (a) SHORT TITLE.—This Act may be cited as the 

4 ‘‘Fair Treatment and Due Process Protection Act of 

5 2005’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 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. 

8 (c) REFERENCES.—Except as otherwise expressly 

9 provided, wherever in this Act an amendment or repeal 

10 is expressed in terms of an amendment to, or repeal of, 

11 a section or other provision, the amendment or repeal shall 

12 be considered to be made to a section or other provision 

13 of the Social Security Act. 
3 

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1 TITLE I—ACCESS TO TRANS2 LATION SERVICES AND LAN3 GUAGE EDUCATION PRO4 GRAMS 

5 SEC. 101. PROVISION OF INTERPRETATION AND TRANS6 LATION SERVICES. 

7 (a) IN GENERAL.—Section 408(a) (42 U.S.C. 608(a) 

8 is amended by adding at the end the following: 

9 ‘‘(12) PROVISION OF INTERPRETATION AND

10 TRANSLATION SERVICES.—A State to which a grant 

11 is made under section 403(a) for a fiscal year shall, 

12 with respect to the State program funded under this 

13 part and all programs funded with qualified State 

14 expenditures (as defined in section 409(a)(7)(B)(i)), 

15 provide appropriate interpretation and translation 

16 services to individuals who lack English proficiency 

17 if the number or percentage of persons lacking 

18 English proficiency meets the standards established 

19 under section 272.4(b) of title 7 of the Code of Fed20 eral Regulations (as in effect on the date of enact21 ment of this paragraph).’’. 

22 (b) PENALTY.—Section 409(a) (42 U.S.C. 609(a)) is 

23 amended by adding at the end the following: 

24 ‘‘(15) PENALTY FOR FAILURE TO PROVIDE IN25 TERPRETATION AND TRANSLATION SERVICES.— 
4 

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1 ‘‘(A) IN GENERAL.—If the Secretary deter2 mines that a State to which a grant is made 

3 under section 403 in a fiscal year has violated 

4 section 408(a)(12) during the fiscal year, the 

5 Secretary shall reduce the grant payable to the 

6 State under section 403(a)(1) for the imme7 diately succeeding fiscal year by an amount 

8 equal to up to 5 percent of the State family as9 sistance grant. 

10 ‘‘(B) PENALTY BASED ON SEVERITY OF

11 FAILURE.—The Secretary shall impose reduc12 tions under subparagraph (A) with respect to a 

13 fiscal year based on the degree of noncompli14 ance.’’. 

15 SEC. 102. ASSISTING FAMILIES WITH LIMITED ENGLISH 

16 PROFICIENCY. 

17 (a) IN GENERAL.—Section 407(c)(2) (42 U.S.C. 

18 607(c)(2)) is amended by adding at the end the following: 

19 ‘‘(E) INDIVIDUALS WITH LIMITED

20 ENGLISH PROFICIENCY.—In the case of an 

21 adult recipient who lacks English language pro22 ficiency, as defined by the State, the State 

23 shall— 

24 ‘‘(i) advise the adult recipient of avail25 able programs or activities in the commu-
5 

•S 1385 IS 

1 nity to address the recipient’s education 

2 needs; 

3 ‘‘(ii) if the adult recipient elects to 

4 participate in such a program or activity, 

5 allow the recipient to participate in such a 

6 program or activity; and 

7 ‘‘(iii) consider an adult recipient who 

8 participates in such a program or activity 

9 on a satisfactory basis as being engaged in 

10 work for purposes of determining monthly 

11 participation rates under this section, ex12 cept that the State— 

13 ‘‘(I) may elect to require addi14 tional hours of participation or activ15 ity if necessary to ensure that the re16 cipient is participating in work-related 

17 activities for a sufficient number of 

18 hours to count as being engaged in 

19 work under this section; and 

20 ‘‘(II) shall attempt to ensure that 

21 any additional hours of participation 

22 or activity do not unreasonably inter23 fere with the education activity of the 

24 recipient.’’. 
6 

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1 (b) PENALTY.—Section 409(a) (42 U.S.C. 609(a)), 

2 as amended by section 101(b), is amended by adding at 

3 the end the following: 

4 ‘‘(16) PENALTY FOR FAILURE TO PROVIDE IN5 TERPRETATION AND TRANSLATION SERVICES.— 

6 ‘‘(A) IN GENERAL.—If the Secretary deter7 mines that a State to which a grant is made 

8 under section 403 in a fiscal year has violated 

9 section 407(c)(2)(E) during the fiscal year, the 

10 Secretary shall reduce the grant payable to the 

11 State under section 403(a)(1) for the imme12 diately succeeding fiscal year by an amount 

13 equal to up to 5 percent of the State family as14 sistance grant. 

15 ‘‘(B) PENALTY BASED ON SEVERITY OF

16 FAILURE.—The Secretary shall impose reduc17 tions under subparagraph (A) with respect to a 

18 fiscal year based on the degree of noncompli19 ance.’’. 

20 TITLE II—SANCTIONS AND DUE 

21 PROCESS PROTECTIONS 

22 SEC. 201. SANCTIONS AND DUE PROCESS PROTECTIONS. 

23 (a) IN GENERAL.—Section 408(a) (42 U.S.C. 

24 608(a)), as amended by section 101(a), is amended by 

25 adding at the end the following: 
7 

•S 1385 IS 

1 ‘‘(13) SANCTION PROCEDURES.— 

2 ‘‘(A) PRE-SANCTION REVIEW PROCESS.— 

3 Prior to the imposition of a sanction against an 

4 individual or family receiving assistance under 

5 the State program funded under this part or 

6 under a program funded with qualified State 

7 expenditures (as defined in section 

8 409(a)(7)(B)(i)) for failure to comply with pro9 gram requirements, the State shall take the fol10 lowing steps: 

11 ‘‘(i) Provide or send notice to the indi12 vidual or family, and, if the recipient’s na13 tive language is not English, through a 

14 culturally competent translation, of the fol15 lowing information: 

16 ‘‘(I) The specific reason for the 

17 proposed sanction. 

18 ‘‘(II) The amount of the pro19 posed sanction. 

20 ‘‘(III) The length of time during 

21 which the proposed sanction would be 

22 in effect. 

23 ‘‘(IV) The steps required to come 

24 into compliance or to show good cause 

25 for noncompliance. 
8 

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1 ‘‘(V) That the agency will provide 

2 assistance to the individual in deter3 mining if good cause for noncompli4 ance exists, or in coming into compli5 ance with program requirements. 

6 ‘‘(VI) That the individual may 

7 appeal the determination to impose a 

8 sanction, and the steps that the indi9 vidual must take to pursue an appeal. 

10 ‘‘(ii)(I) Ensure that, subject to clause 

11 (iii)— 

12 ‘‘(aa) an individual other than 

13 the individual who determined that a 

14 sanction be imposed shall review the 

15 determination and have the authority 

16 to take the actions described in sub17 clause (II); and 

18 ‘‘(bb) the individual or family 

19 against whom the sanction is to be 

20 imposed shall be afforded the oppor21 tunity to meet with the individual 

22 who, as provided for in item (aa), is 

23 reviewing the determination with re24 spect to the sanction. 
9 

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1 ‘‘(II) An individual to which this sub2 clause applies may— 

3 ‘‘(aa) modify the determination 

4 to impose a sanction; 

5 ‘‘(bb) determine that there was 

6 good cause for the individual or fam7 ily’s failure to comply; 

8 ‘‘(cc) recommend modifications to 

9 the individual’s individual responsi10 bility or employment plan; and 

11 ‘‘(dd) make such other deter12 minations and take such other actions 

13 as may be appropriate under the cir14 cumstances. 

15 ‘‘(iii) The review required under 

16 clause (ii) shall include consideration of the 

17 following: 

18 ‘‘(I) To the extent applicable, 

19 whether barriers to compliance exist, 

20 such as a physical or mental impair21 ment, including mental illness, sub22 stance abuse, mental retardation, a 

23 learning disability, domestic or sexual 

24 violence, limited proficiency in 

25 English, limited literacy, homeless-
10 

•S 1385 IS 

1 ness, or the need to care for a child 

2 with a disability or health condition, 

3 that contributed to the noncompliance 

4 of the person. 

5 ‘‘(II) Whether the individual or 

6 family’s failure to comply resulted 

7 from failure to receive or have access 

8 to services previously identified as 

9 necessary in an individual responsi10 bility or employment plan. 

11 ‘‘(III) Whether changes to the in12 dividual responsibility or employment 

13 plan should be made in order for the 

14 individual to comply with program re15 quirements. 

16 ‘‘(IV) Whether the individual or 

17 family has good cause for any non18 compliance. 

19 ‘‘(V) Whether the State’s sanc20 tion policies have been applied prop21 erly. 

22 ‘‘(B) SANCTION FOLLOW-UP REQUIRE23 MENTS.—If a State imposes a sanction on a 

24 family or individual for failing to comply with 

25 program requirements, the State shall— 
11

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1 ‘‘(i) provide or send notice to the indi2 vidual or family, in language calculated to 

3 be understood by the individual or family, 

4 and, if the individual’s or family’s native 

5 language is not English, through a cul6 turally competent translation, of the reason 

7 for the sanction and the steps the indi8 vidual or family must take to end the sanc9 tion; 

10 ‘‘(ii) resume the individual’s or fam11 ily’s full assistance, services, or benefits 

12 provided under this program (provided 

13 that the individual or family is otherwise 

14 eligible for such assistance, services, or 

15 benefits) once the individual who failed to 

16 meet program requirements that led to the 

17 sanction complies with program require18 ments for a reasonable period of time, as 

19 determined by the State and subject to 

20 State discretion to reduce such period; and 

21 ‘‘(iii) if assistance, services, or bene22 fits have not resumed, as of the period that 

23 begins on the date that is 60 days after 

24 the date on which the sanction was im25 posed, and end on the date that is 120 
12 

•S 1385 IS 

1 days after such date, provide notice to the 

2 individual or family, in language calculated 

3 to be understood by the individual or fam4 ily, of the steps the individual or family 

5 must take to end the sanction, and of the 

6 availability of assistance to come into com7 pliance or demonstrate good cause for non8 compliance with program requirements.’’. 

9 (b) PENALTY.—Section 409(a) (42 U.S.C. 609(a)), 

10 as amended by section 102(b), is amended by adding at 

11 the end the following: 

12 ‘‘(17) PENALTY FOR FAILURE TO FOLLOW

13 SANCTION PROCEDURES.— 

14 ‘‘(A) IN GENERAL.—If the Secretary deter15 mines that a State to which a grant is made 

16 under section 403 in a fiscal year has violated 

17 section 408(a)(13) during the fiscal year, the 

18 Secretary shall reduce the grant payable to the 

19 State under section 403(a)(1) for the imme20 diately succeeding fiscal year by an amount 

21 equal to up to 5 percent of the State family as22 sistance grant. 

23 ‘‘(B) PENALTY BASED ON SEVERITY OF

24 FAILURE.—The Secretary shall impose reduc25 tions under subparagraph (A) with respect to a 
13 

•S 1385 IS 

1 fiscal year based on the degree of noncompli2 ance.’’. 

3 (c) STATE PLAN REQUIREMENT TO DESCRIBE HOW

4 STATES WILL NOTIFY APPLICANTS AND RECIPIENTS OF

5 THEIR RIGHTS UNDER THE PROGRAM AND OF POTEN6 TIAL BENEFITS AND SERVICES AVAILABLE UNDER THE

7 PROGRAM.—Section 402(a)(1)(B)(iii) (42 U.S.C. 

8 602(a)(1)(B)(iii)) is amended by inserting ‘‘, and will no9 tify applicants and recipients of assistance under the pro10 gram of the rights of individuals under all laws applicable 

11 to program activities and of all potential benefits and serv12 ices available under the program’’ before the period. 

13 (d) REQUIREMENT TO PROVIDE NOTICE TO APPLI14 CANTS AND RECIPIENTS OF RIGHTS AND OF POTENTIAL

15 PROGRAM BENEFITS AND SERVICES, AND TO TRAIN PRO16 GRAM PERSONNEL TO RESPECT SUCH RIGHTS.— 

17 (1) IN GENERAL.—Section 408(a) (42 U.S.C. 

18 608(a)), as amended by subsection (a), is amended 

19 by adding at the end the following: 

20 ‘‘(14) REQUIREMENT TO PROVIDE NOTICE TO

21 APPLICANTS AND RECIPIENTS OF RIGHTS AND OF

22 POTENTIAL PROGRAM BENEFITS AND SERVICES, AND

23 TO TRAIN PROGRAM PERSONNEL TO RESPECT SUCH

24 RIGHTS.—A State to which a grant is made under 

25 section 403 shall— 
14 

•S 1385 IS 

1 ‘‘(A) notify each applicant for, and each 

2 recipient of, assistance under the State program 

3 funded under this part or under a program 

4 funded with qualified State expenditures (as de5 fined in section 409(a)(7)(B)(i)) of the rights of 

6 applicants and recipients under all laws applica7 ble to the activities of such program (including 

8 the right to claim good cause exceptions to pro9 gram requirements), and shall provide the no10 tice— 

11 ‘‘(i) to a recipient when the recipient 

12 first receives assistance, benefits, or serv13 ices under the program; 

14 ‘‘(ii) to all such recipients on a semi15 annual basis; and 

16 ‘‘(iii) orally and in writing, in the na17 tive language of the recipient and at not 

18 higher than a 6th grade level, and, if the 

19 recipient’s native language is not English, 

20 through a culturally competent translation; 

21 and 

22 ‘‘(B) train all program personnel on a reg23 ular basis regarding how to carry out the pro24 gram consistent with such rights.’’. 
15 

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1 (2) PENALTY.—Section 409(a) (42 U.S.C. 

2 609(a)), as amended by subsection (b), is amended 

3 by adding at the end the following: 

4 ‘‘(18) PENALTY FOR FAILURE TO PROVIDE NO5 TICE TO APPLICANTS AND RECIPIENTS OF RIGHTS

6 AND OF POTENTIAL PROGRAM BENEFITS AND SERV7 ICES, AND TO TRAIN PROGRAM PERSONNEL TO RE8 SPECT SUCH RIGHTS.— 

9 ‘‘(A) IN GENERAL.—If the Secretary deter10 mines that a State to which a grant is made 

11 under section 403 in a fiscal year has violated 

12 section 408(a)(14) during the fiscal year, the 

13 Secretary shall reduce the grant payable to the 

14 State under section 403(a)(1) for the imme15 diately succeeding fiscal year by an amount 

16 equal to up to 5 percent of the State family as17 sistance grant. 

18 ‘‘(B) PENALTY BASED ON SEVERITY OF

19 FAILURE.—The Secretary shall impose reduc20 tions under subparagraph (A) with respect to a 

21 fiscal year based on the degree of noncompli22 ance.’’. 
16 

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1 TITLE III—DATA COLLECTION 

2 AND REPORTING REQUIRE3 MENTS 

4 SEC. 301. DATA COLLECTION AND REPORTING REQUIRE5 MENTS. 

6 Section 411(a)(1) (42 U.S.C. 611(a)(1)) is amend7 ed— 

8 (1) in subparagraph (A)— 

9 (A) in the matter preceding clause (i), by 

10 striking ‘‘(except for information relating to ac11 tivities carried out under section 403(a)(5))’’ 

12 and inserting ‘‘, and, in complying with this re13 quirement, shall ensure that such information is 

14 reported in a manner that permits analysis of 

15 the information by race, ethnicity or national 

16 origin, primary language, gender, and edu17 cational level, including analysis using a com18 bination of these factors, and that all data, in19 cluding Federal, State, and local data (whether 

20 collected by public or private local agencies or 

21 entities that administer or operate the State 

22 program funded under this part) is made public 

23 and easily accessible’’; 

24 (B) by striking clause (v) and inserting the 

25 following: 
17 

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1 ‘‘(v) The employment status, occupa2 tion (as defined by the most current Fed3 eral Standard Occupational Classification 

4 system, as of the date of the collection of 

5 the data), and earnings of each employed 

6 adult in the family.’’; 

7 (C) in clause (vii), by striking ‘‘and edu8 cational level’’ and inserting ‘‘, educational 

9 level, and primary language’’; 

10 (D) in clause (viii), by striking ‘‘and edu11 cational level’’ and inserting ‘‘, educational 

12 level, and primary language’’; and 

13 (E) in clause (xi), in the matter preceding 

14 subclause (I), by inserting ‘‘, including, to the 

15 extent such information is available, informa16 tion on the specific type of job, or education or 

17 training program’’ before the semicolon; 

18 (2) by redesignating subparagraph (B) as sub19 paragraph (C); and 

20 (3) by inserting after subparagraph (A), the fol21 lowing: 

22 ‘‘(B) INFORMATION REGARDING APPLI23 CANTS.— 

24 ‘‘(i) IN GENERAL.—Each eligible 

25 State shall collect on a monthly basis, and 
18 

•S 1385 IS 

1 report to the Secretary on a quarterly 

2 basis, disaggregated case record informa3 tion on the number of individuals who 

4 apply for but do not receive assistance 

5 under the State program funded under this 

6 part, the reason such assistance were not 

7 provided, and the overall percentage of ap8 plications for assistance that are approved 

9 compared to those that are disapproved 

10 with respect to such month. 

11 ‘‘(ii) REQUIREMENT.—In complying 

12 with clause (i), each eligible State shall en13 sure that the information required under 

14 that clause is reported in a manner that 

15 permits analysis of such information by 

16 race, ethnicity or national origin, primary 

17 language, gender, and educational level, in18 cluding analysis using a combination of 

19 these factors.’’. 

20 SEC. 302. ENHANCEMENT OF UNDERSTANDING OF THE 

21 REASONS INDIVIDUALS LEAVE STATE TANF 

22 PROGRAMS. 

23 (a) CASE CLOSURE REASONS.—Section 411(a)(1) 

24 (42 U.S.C. 611(a)(1)), as amended by section 301, is 

25 amended— 
19 

•S 1385 IS 

1 (1) by redesignating subparagraph (C) (as re2 designated by such section 301) as subparagraph 

3 (D); and 

4 (2) by inserting after subparagraph (B) (as 

5 added by such section 301) the following: 

6 ‘‘(C) DEVELOPMENT OF COMPREHENSIVE

7 LIST OF CASE CLOSURE REASONS.— 

8 ‘‘(i) IN GENERAL.—The Secretary 

9 shall develop, in consultation with States 

10 and individuals or organizations with ex11 pertise related to the provision of assist12 ance under the State program funded 

13 under this part, a comprehensive list of 

14 reasons why individuals leave State pro15 grams funded under this part. In devel16 oping such list, the Secretary shall con17 sider the full range of reasons for case clo18 sures, including the following: 

19 ‘‘(I) Lack of access to specific 

20 programs or services, such as child 

21 care, transportation, or English as a 

22 second language classes for individ23 uals with limited English proficiency. 

24 ‘‘(II) The medical or health prob25 lems of a recipient. 
20 

•S 1385 IS 

1 ‘‘(III) The family responsibilities 

2 of a recipient, such as caring for a 

3 family member with a disability. 

4 ‘‘(IV) Changes in eligibility sta5 tus. 

6 ‘‘(V) Other administrative rea7 sons. 

8 ‘‘(ii) OTHER REQUIREMENTS.—The 

9 list required under clause (i) shall be devel10 oped with the goal of substantially reduc11 ing the number of case closures under the 

12 State programs funded under this part for 

13 which a reason is not known. 

14 ‘‘(iii) PUBLIC COMMENT.—The Sec15 retary shall promulgate for public comment 

16 regulations that— 

17 ‘‘(I) list the case closure reasons 

18 developed under clause (i); 

19 ‘‘(II) require States, not later 

20 than October 1, 2006, to use such 

21 reasons in accordance with subpara22 graph (A)(xvi); and 

23 ‘‘(III) require States to report on 

24 efforts to improve State tracking of 

25 reasons for case closures, including 
21 

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1 the identification of additional reasons 

2 for case closures not included on the 

3 list developed under clause (i). 

4 ‘‘(iv) REVIEW AND MODIFICATION.— 

5 The Secretary, through consultation and 

6 analysis of quarterly State reports sub7 mitted under this paragraph, shall review 

8 on an annual basis whether the list of case 

9 closure reasons developed under clause (i) 

10 requires modification and, to the extent the 

11 Secretary determines that modification of 

12 the list is necessary, shall publish proposed 

13 modifications for notice and comment, 

14 prior to the modifications taking effect.’’. 

15 (b) INCLUSION IN QUARTERLY STATE REPORTS.— 

16 Section 411 (a)(1)(A) (42 U.S.C. 611(a)(1)(A)) is amend17 ed— 

18 (1) in clause (xvi)— 

19 (A) in subclause (IV), by striking ‘‘or’’ at 

20 the end; 

21 (B) in subclause (V), by striking the period 

22 and inserting ‘‘; or’’; and 

23 (C) by adding at the end the following: 

24 ‘‘(VI) a reason specified in the 

25 list developed under subparagraph 
22 

•S 1385 IS 

1 (C), including any modifications of 

2 such list.’’; 

3 (2) by redesignating clause (xvii) as clause 

4 (xviii); and 

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

6 ‘‘(xvii) The efforts the State is under7 taking, and the progress with respect to 

8 such efforts, to improve the tracking of 

9 reasons for case closures.’’. 

10 SEC. 303. LONGITUDINAL STUDIES OF TANF APPLICANTS 

11 AND RECIPIENTS. 

12 (a) IN GENERAL.—Section 413 (42 U.S.C. 613) is 

13 amended by striking subsection (d) and inserting the fol14 lowing: 

15 ‘‘(d) LONGITUDINAL STUDIES OF APPLICANTS AND

16 RECIPIENTS TO DETERMINE THE FACTORS THAT CON17 TRIBUTE TO POSITIVE EMPLOYMENT AND FAMILY OUT18 COMES.— 

19 ‘‘(1) IN GENERAL.—The Secretary, directly or 

20 through grants, contracts, or interagency agree21 ments, shall conduct longitudinal studies in at least 

22 5, and not more than 10, States (or sub-State areas, 

23 except that no such area shall be located in a State 

24 in which a Statewide study is being conducted under 

25 this paragraph) of a representative sample of fami-
23 

•S 1385 IS 

1 lies that receive, and applicants for, assistance under 

2 a State program funded under this part or under a 

3 program funded with qualified State expenditures 

4 (as defined in section 409(a)(7)(B)(i)). 

5 ‘‘(2) REQUIREMENTS.—The studies conducted 

6 under this subsection shall— 

7 ‘‘(A) follow families that cease to receive 

8 assistance, families that receive assistance 

9 throughout the study period, and families di10 verted from assistance programs; and 

11 ‘‘(B) collect information on— 

12 ‘‘(i) family and adult demographics 

13 (including race, ethnicity or national ori14 gin, primary language, gender, barriers to 

15 employment, educational status of adults, 

16 prior work history, prior history of welfare 

17 receipt); 

18 ‘‘(ii) family income (including earn19 ings, unemployment compensation, and 

20 child support); 

21 ‘‘(iii) receipt of assistance, benefits, or 

22 services under other needs-based assistance 

23 programs (including the food stamp pro24 gram, the medicaid program under title 

25 XIX, earned income tax credits, housing 
24 

•S 1385 IS 

1 assistance, and the type and amount of 

2 any child care); 

3 ‘‘(iv) the reasons for leaving or re4 turning to needs-based assistance pro5 grams; 

6 ‘‘(v) work participation status and ac7 tivities (including the scope and duration 

8 of work activities and the types of indus9 tries and occupations for which training is 

10 provided); 

11 ‘‘(vi) sanction status (including rea12 sons for sanction); 

13 ‘‘(vii) time limit for receipt of assist14 ance status (including months remaining 

15 with respect to such time limit); 

16 ‘‘(viii) recipient views regarding pro17 gram participation; and 

18 ‘‘(ix) measures of income change, pov19 erty, extreme poverty, food security and 

20 use of food pantries and soup kitchens, 

21 homelessness and the use of shelters, and 

22 other measures of family well-being and 

23 hardship over a 5-year period. 

24 ‘‘(3) COMPARABILITY OF RESULTS.—The Sec25 retary shall, to the extent possible, ensure that the 
25 

•S 1385 IS 

1 studies conducted under this subsection produce com2 parable results and information. 

3 ‘‘(4) REPORTS.— 

4 ‘‘(A) INTERIM REPORTS.—Not later than 

5 October 1, 2008, the Secretary shall publish in6 terim findings from at least 12 months of longi7 tudinal data collected under the studies con8 ducted under this subsection. 

9 ‘‘(B) SUBSEQUENT REPORTS.—Not later 

10 than October 1, 2010, the Secretary shall pub11 lish findings from at least 36 months of longi12 tudinal data collected under the studies con13 ducted under this subsection.’’. 

14 (b) ANNUAL REPORT TO CONGRESS.— 

15 (1) IN GENERAL.—Section 411(b) (42 U.S.C. 

16 611(b)) is amended— 

17 (A) in paragraph (2)— 

18 (i) by inserting ‘‘(including types of 

19 sanctions or other grant reductions)’’ after 

20 ‘‘financial characteristics’’; and 

21 (ii) by inserting ‘‘, disaggregated by 

22 race, ethnicity or national origin, primary 

23 language, gender, education level, and, 

24 with respect to closed cases, the reason the 

25 case was closed’’ before the semicolon; 
26 

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1 (B) in paragraph (3), by striking ‘‘and’’ at 

2 the end; 

3 (C) in paragraph (4), by striking the pe4 riod and inserting ‘‘; and’’; and 

5 (D) by adding at the end the following: 

6 ‘‘(5) the economic well-being of children and 

7 families receiving assistance under the State pro8 grams funded under this part and of children and 

9 families that have ceased to receive such assistance, 

10 using longitudinal matched data gathered from fed11 erally supported programs, and including State-by12 State data that details the distribution of earnings 

13 and stability of employment of such families and (to 

14 the extent feasible) describes, with respect to such 

15 families, the distribution of income from known 

16 sources (including employer-reported wages, assist17 ance under the State program funded under this 

18 part, and benefits under the food stamp program), 

19 the ratio of such families’ income to the poverty line, 

20 and the extent to which such families receive or re21 ceived noncash benefits and child care assistance, 

22 disaggregated by race, ethnicity or national origin, 

23 primary language, gender, education level, whether 

24 the case remains open, and, with respect to closed 

25 cases, the reason the case was closed.’’. 
27 

•S 1385 IS 

1 (2) CONFORMING AMENDMENTS.—Section 

2 411(a) (42 U.S.C. 611(a)) is amended— 

3 (A) by redesignating paragraph (7) as 

4 paragraph (8); and 

5 (B) by inserting after paragraph (6), the 

6 following: 

7 ‘‘(7) REPORT ON ECONOMIC WELL-BEING OF

8 CURRENT AND FORMER RECIPIENTS.—The report 

9 required by paragraph (1) for a fiscal quarter shall 

10 include for that quarter such information as the Sec11 retary may specify in order for the Secretary to in12 clude in the annual reports to Congress required 

13 under subsection (b) the information described in 

14 paragraph (5) of that subsection.’’. 

15 SEC. 304. PROTECTION OF INDIVIDUAL PRIVACY. 

16 Section 411 of the Social Security Act (42 U.S.C. 

17 611) is amended by adding at the end the following: 

18 ‘‘(c) PROTECTION OF INDIVIDUAL PRIVACY.—With 

19 respect to any information concerning individuals or fami20 lies receiving assistance, or applying for assistance, under 

21 the State programs funded under this part that is publicly 

22 disclosed by the Secretary, the Secretary shall ensure that 

23 such disclosure is made in a manner that protects the pri24 vacy of such individuals and families.’’. 
28 

•S 1385 IS 

1 TITLE IV—EFFECTIVE DATE 

2 SEC. 401. EFFECTIVE DATE. 

3 The amendments made by this Act take effect on Oc4 tober 1, 2005. 

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