I 

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. 

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 

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.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Chance to Succeed Act 

5 of 2003’’. 
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1 SEC. 2. INCLUSION OF EFFORTS TO ADDRESS BARRIERS TO 

2 EMPLOYMENT AS A WORK ACTIVITY UNDER 

3 TANF. 

4 Section 407 of the Social Security Act (42 U.S.C. 

5 607) is amended—

6 (1) in subparagraphs (A) and (B) of subsection 

7 (c), by striking ‘‘or (12)’’ each place it appears and 

8 inserting ‘‘(12), or (13)’’; 

9 (2) in subsection (d)—

10 (A) in paragraph (11), by striking ‘‘and’’ 

11 at the end; 

12 (B) in paragraph (12), by striking the pe13 riod and inserting ‘‘; and’’; and 

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

15 ‘‘(13) subject to subsection (j), 6 months of sat16 isfactory participation (as determined by the State) 

17 in services to address barriers that are designed to 

18 improve future employment opportunities, including 

19 substance abuse treatment, physical rehabilitation, 

20 and mental health, mental retardation and develop21 mental disabilities services.’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(j) STATE OPTION TO EXTEND PERIOD FOR PAR24 TICIPATION IN SERVICES TO ADDRESS BARRIERS.—

25 ‘‘(1) IN GENERAL.—With respect to an indi26 vidual, a State may extend the 6-month period re-
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1 ferred to in subsection (d)(13) for an additional pe2 riod determined by the State, so long as the State 

3 periodically reassesses the appropriateness of the ac4 tivities referred to in such subsection for the indi5 vidual. 

6 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

7 paragraph (1) or subsection (d)(13) shall be con8 strued to limit the amount of time an individual may 

9 require, or a State may provide, services to address 

10 barriers that are designed to improve future employ11 ment opportunities.’’. 

12 SEC. 3. CREATION OF A SCREENING, ASSESSMENT, AND 

13 SERVICES PROCESS TO ADDRESS BARRIERS 

14 TO EMPLOYMENT. 

15 (a) ASSESSMENTS.—Section 408(b) of the Social Se16 curity Act (42 U.S.C. 608(b)) is amended—

17 (1) by striking paragraph (1) and inserting the 

18 following: 

19 ‘‘(1) ASSESSMENT PROVIDED FOR EACH INDI20 VIDUAL WHO RECEIVES ASSISTANCE.—

21 ‘‘(A) IN GENERAL.—The State agency re22 sponsible for administering the State program 

23 funded under this part shall make an initial as24 sessment of each adult individual who receives 

25 assistance under the program (and, in the case 
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1 of a State program that requires an individual 

2 who is a caretaker for an individual who re3 ceives such assistance to engage in work, an ini4 tial assessment of the caretaker individual) to 

5 determine whether the individual has any bar6 riers to employment or program compliance. 

7 ‘‘(B) 2-PART PROCESS.—The assessment 

8 under subparagraph (A) shall consist of the fol9 lowing 2 parts: 

10 ‘‘(i) INITIAL SCREENING.—

11 ‘‘(I) IN GENERAL.—An initial 

12 screening which shall evaluate an indi13 vidual’s employability, educational ca14 pacity, and other related cir15 cumstances, such as the child support 

16 status, housing needs, and transpor17 tation needs of the individual and the 

18 individual’s family. 

19 ‘‘(II) REQUIRED FACTORS TO BE

20 ASSESSED.—A trained caseworker 

21 shall screen the individual for condi22 tions such as physical or mental im23 pairments, substance abuse, domestic 

24 or sexual violence, learning disabil25 ities, limited English proficiency, lim-
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1 ited literacy in a primary language, 

2 and need to care for a child with a 

3 disability or health condition which 

4 may interfere with work or other pro5 gram requirements. 

6 ‘‘(III) OPTIONAL ASSESSMENT

7 OF CHILD CARE NEEDS.—At the op8 tion of the individual, the State shall, 

9 before assigning the individual to a 

10 work activity under the State program 

11 funded under this part, perform an 

12 assessment of the individual’s child 

13 care needs, and guarantee safe, appro14 priate, affordable quality child care to 

15 any such individual who needs child 

16 care. 

17 ‘‘(IV) OPTIONAL ASSESSMENT OF

18 JOB PREPARATION.—At the option of 

19 the individual, the State shall, before 

20 assigning the individual to a work ac21 tivity under the State program funded 

22 under this part, perform an individual 

23 assessment for the preparation that is 

24 needed for the individual to obtain 

25 and maintain a job at a monthly wage 
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1 that is at least 200 percent of the 

2 poverty line applicable to the family of 

3 the individual. 

4 ‘‘(ii) COMPREHENSIVE ASSESS5 MENT.—If an initial screening under 

6 clause (i) suggests the existence of poten7 tial barriers to work or program compli8 ance, the individual may elect to partici9 pate in a comprehensive assessment con10 ducted by a qualified professional to con11 firm the existence of the barriers, deter12 mine the extent of the barriers, and de13 velop recommendations about appropriate 

14 services and activities for the individual. 

15 ‘‘(C) FAMILY MEMBERS.—At the discretion 

16 of an individual who receives assistance under 

17 the State program funded under this part, a 

18 member of the individual’s family also may be 

19 afforded an assessment in accordance with this 

20 paragraph. 

21 ‘‘(D) NOT CONSIDERED A PROGRAM RE22 QUIREMENT.—Participation by an individual or 

23 by a member of the individual’s family in an as24 sessment under this paragraph shall not be con-
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1 sidered a program requirement for the indi2 vidual or the individual’s family. 

3 ‘‘(E) INCLUSION OF CASEWORKERS.—

4 Nothing in subparagraph (B)(ii) shall be con5 strued as prohibiting a caseworker from being 

6 a qualified professional for purposes of that 

7 subparagraph if the caseworker satisfies the re8 quirements for being considered a qualified pro9 fessional.’’; and 

10 (2) by striking paragraph (4). 

11 (b) REVIEW AND CONCILIATION PROCESS.—Section 

12 408(a) of the Social Security Act (42 U.S.C. 608(a)) is 

13 amended by adding at the end the following: 

14 ‘‘(12) REVIEW AND CONCILIATION PROCESS.—

15 ‘‘(A) IN GENERAL.—A State to which a 

16 grant is made under section 403 shall not im17 pose a sanction against an individual or family 

18 under the State program funded under this 

19 part on the basis of noncompliance by an indi20 vidual or family with a program requirement, 

21 unless the State satisfies the following require22 ments: 

23 ‘‘(i) NOTICE.—The State has at24 tempted, at least twice (using at least 2 

25 different communication methods, 1 of 
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1 which shall be in writing) to notify the in2 dividual or family, in the individual’s or 

3 family’s native language, of—

4 ‘‘(I) the impending imposition of 

5 the sanction; 

6 ‘‘(II) the reason for the proposed 

7 sanction; 

8 ‘‘(III) the amount of the sanc9 tion; 

10 ‘‘(IV) the length of time during 

11 which the proposed sanction would be 

12 in effect; and 

13 ‘‘(V) the steps required to come 

14 into compliance or to show good cause 

15 for noncompliance. 

16 ‘‘(ii) REVIEW.—The State has af17 forded the individual or family an oppor18 tunity to meet with personnel outside the 

19 agency that administers the State program 

20 funded under this part who the State has 

21 contracted with to make a determination 

22 regarding why the individual or family did 

23 not comply with the program requirement, 

24 that is to be the basis on which the sanc25 tion is to be imposed, and that includes—
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1 ‘‘(I) consideration of whether cer2 tain barriers to compliance exist that 

3 contributed to the noncompliance of 

4 the individual or family, such as a 

5 physical or mental impairment, in6 cluding a mental health or substance 

7 abuse disorder or mental retardation, 

8 a learning disability, domestic or sex9 ual violence, limited proficiency in 

10 English, limited literacy, or the need 

11 to care for a child with a disability or 

12 health condition; 

13 ‘‘(II) consideration of whether 

14 the individual or family has good 

15 cause for failing to meet program re16 quirements; 

17 ‘‘(III) consideration of whether 

18 an additional assessment would assist 

19 in identifying reasons for noncompli20 ance; 

21 ‘‘(IV) consideration of whether 

22 support services or changes to the 

23 program requirements or activities to 

24 which the individual or family has 

25 been assigned are necessary in order 
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1 for the individual or family to comply 

2 with program requirements; and 

3 ‘‘(V) ensuring that the State’s 

4 sanction policies have been applied 

5 properly. 

6 ‘‘(B) SANCTION LIMITATIONS.—

7 ‘‘(i) BAN ON IMPOSITION OF SANC8 TION IF NEEDED SCREENING, ASSESS9 MENT, OR SERVICES WERE UNAVAIL10 ABLE.—A State may not impose a sanction 

11 against an individual or family under the 

12 State program funded under this part on 

13 the basis of noncompliance by an indi14 vidual or family with a program require15 ment if the individual whose conduct is the 

16 basis of the sanction is in the process of 

17 being screened or assessed for a mental 

18 health problem, disability, substance abuse 

19 problem, or sexual or domestic violence sit20 uation but the screening or assessment has 

21 not been completed, or if services outlined 

22 in the service plan developed for the indi23 vidual or family were not offered, available, 

24 and accessible to the individual or family 

25 at the time of the noncompliance.
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1 ‘‘(ii) NO BAN ON SANCTION IF INDI2 VIDUAL OR FAMILY FAILS TO TAKE ADVAN3 TAGE OF ASSESSMENT OR SERVICES AND

4 DOES NOT COMPLY WITH WORK REQUIRE5 MENTS.—Nothing in this paragraph shall 

6 be construed as prohibiting a State that 

7 has complied with the requirements of this 

8 paragraph and section 408(b)(1) from im9 posing a sanction for noncompliance with 

10 work requirements against an individual or 

11 family who opts to not take full advantage 

12 of the opportunity for assessment or the 

13 services and supports made available to en14 sure that the individual or family can com15 ply with program requirements if such an 

16 individual or family is not complying with 

17 the State’s work requirements. 

18 ‘‘(C) SANCTION FOLLOW-UP REQUIRE19 MENTS.—

20 ‘‘(i) IN GENERAL.—If a State imposes 

21 a sanction on an individual or family for 

22 failing to comply with program require23 ments, the State shall—

24 ‘‘(I) provide, at the time the 

25 sanction is imposed and periodically 
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1 thereafter for at least 6 months, no2 tice (in at least 2 different forms) to 

3 the individual or family of the reason 

4 for the sanction and the steps the in5 dividual or family must take to end 

6 the sanction; 

7 ‘‘(II) reinstate the individual’s or 

8 family’s full benefits if the individual 

9 or family member who failed to meet 

10 the program requirements that led to 

11 the sanction complies with program 

12 requirements for a reasonable period 

13 of time and the individual or family is 

14 otherwise eligible; and 

15 ‘‘(III) if the sanction is time-lim16 ited, notify the individual or family at 

17 least 10 days before the expiration of 

18 the sanction of the date when the in19 dividual or family will no longer be in 

20 sanction status and inform the indi21 vidual or family how assistance will be 

22 reinstated. 

23 ‘‘(ii) OUTREACH TO INDIVIDUALS AND

24 FAMILIES SANCTIONED WHO HAVE NOT

25 RESUMED RECEIVING CASH ASSISTANCE.—
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1 If, during the 5-year period that ended on 

2 the date of enactment of the Chance to 

3 Succeed Act of 2003, a State imposed a 

4 sanction against an individual or family 

5 that resulted in the individual or family 

6 losing all cash assistance under the State 

7 program funded under this part, and the 

8 individual or family did not resume receiv9 ing cash assistance at the end of the sanc10 tion period, the State shall make reason11 able efforts to identify such individuals and 

12 families and notify them, using at least 2 

13 methods of communication, 1 of which is 

14 written, of the assistance, services, and 

15 support they may be eligible to receive. 

16 ‘‘(D) CONFIDENTIALITY.—The State, and 

17 any individuals or entities acting as agents of 

18 the State, shall not disclose any identifying in19 formation obtained through any process or pro20 cedure instituted pursuant to this paragraph 

21 unless required or permitted to do so by law. 

22 ‘‘(E) DEVELOPMENT OF STANDARDS, PRO23 CEDURES, TRAINING, AND SCREENING TOOLS.—

24 States and local governments shall, in consulta25 tion with Federal, State, tribal, or local experts 
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1 in the different barriers to employment, develop 

2 standards, procedures, training, and screening 

3 tools for use in carrying out this paragraph.’’. 

4 (c) PLAN REQUIREMENTS FOR INDIVIDUAL RESPON5 SIBILITY PLANS.—Section 408(b)(2)(A) of the Social Se6 curity Act (42 U.S.C. 608(b)(2)(A)) is amended to read 

7 as follows: 

8 ‘‘(A) REQUIREMENTS.—

9 ‘‘(i) IN GENERAL.—From the assess10 ment described in paragraph (1), the 

11 State, in consultation with the individual 

12 who is the subject of the assessment, shall 

13 develop a personal responsibility plan, 

14 that—

15 ‘‘(I) sets forth an employment 

16 goal to move the individual into stable 

17 employment; 

18 ‘‘(II) sets forth the obligations of 

19 the individual that will help the indi20 vidual become and remain employed 

21 in the private sector; 

22 ‘‘(III) describes the individual’s 

23 long-term career goals and the specific 

24 work experience, education, or train25 ing needed to reach them; and 
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1 ‘‘(IV) identifies the services the 

2 State will offer the individual’s family 

3 based upon the assessment and eval4 uation described in this section. 

5 ‘‘(ii) MODIFICATION.—If the State is 

6 unable to provide needed services to the in7 dividual or the individual’s family, the 

8 State shall modify the personal responsi9 bility plan to be consistent with the needs 

10 of the individual, the family, and the ca11 pacity of the State.’’. 

12 (d) TECHNICAL ASSISTANCE.—The Secretary shall 

13 coordinate with Federal, State, and tribal experts and 

14 qualified professionals to determine, develop, and dissemi15 nate to States, and provide technical assistance with re16 spect to, model practices, standards, and procedures for 

17 screening, assessment, addressing barriers, including mul18 tiple barriers, in a comprehensive manner, and moving in19 dividuals and families with barriers into employment, as 

20 well as model training materials for caseworkers. 

21 (e) STATE PLAN REQUIREMENT.—Section 

22 402(a)(1)(A) of the Social Security Act (42 U.S.C. 

23 602(a)(1)(A)) is amended by adding at the end the fol24 lowing:
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1 ‘‘(vii) Identify and serve individuals 

2 and families with barriers to employment 

3 as described in section 408(b)(1).’’. 

4 (f) COORDINATING EXEMPTIONS FROM WORK RE5 QUIREMENTS.—Section 408(a)(7)(C) of the Social Secu6 rity Act (42 U.S.C. 608(a)(7)(C)) is amended by adding 

7 at the end the following: 

8 ‘‘(iv) FAMILIES EXEMPTED FROM

9 WORK REQUIREMENTS BY REASON OF BAR10 RIER TO WORK BY FAMILY MEMBER.—The 

11 State shall exempt a family from the appli12 cation of subparagraph (A) of this para13 graph if the State permits a member of the 

14 family (or, in the case of a State that re15 quires a caretaker for an individual who 

16 receives assistance to engage in work, a 

17 caretaker) to engage in activities to ad18 dress barriers, pursuant to section 

19 407(d)(13), so long as the State deter20 mines that the individual is satisfactorily 

21 participating in such activities.’’. 

22 (g) ADVISORY PANEL TO IMPROVE STATE POLICIES

23 AND PROCEDURES FOR ASSISTING INDIVIDUALS AND

24 FAMILIES WITH BARRIERS TO WORK.—

25 (1) MEMBERSHIP; CHAIR.—
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1 (A) MEMBERSHIP.—Each State that re2 ceives a State family assistance grant under 

3 section 403(a)(1) of the Social Security Act (42 

4 U.S.C. 603(a)(1)) shall establish an advisory 

5 panel consisting of representatives of the fol6 lowing: 

7 (i) The State agency responsible for 

8 administering the temporary assistance to 

9 needy families program established under 

10 part A of title IV of the Social Security 

11 Act (42 U.S.C. 601 et seq.) (in this sub12 section referred to as the ‘‘TANF pro13 gram’’). 

14 (ii) Professionals from other State 

15 agencies with expertise in barriers that 

16 interfere with an individual’s or family’s 

17 ability to work, such as physical or mental 

18 impairments, substance abuse, domestic or 

19 sexual violence, learning disabilities, lim20 ited English proficiency, limited literacy in 

21 a primary language, and need to care for 

22 a child with a disability or health condi23 tion. 

24 (iii) Organizations representing indi25 viduals and families with such barriers. 
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1 (iv) Professionals with expertise in de2 signing and implementing policies and pro3 grams to successfully serve individuals and 

4 families with such barriers. 

5 (v) Individuals and families with such 

6 barriers who are recipients of cash assist7 ance or support services under the TANF 

8 program. 

9 (B) CHAIR.—The chief executive officer of 

10 the State shall appoint an individual who is not 

11 a State employee to serve as chair of the advi12 sory panel. 

13 (2) DUTIES.—

14 (A) IN GENERAL.—The advisory panel 

15 shall review the efficacy of each program de16 scribed in subparagraph (B) to determine—

17 (i) the amount of funds spent on serv18 ices under the program; 

19 (ii) the referral process for participa20 tion in the program, including whether in21 dividuals and families received referrals 

22 and services; 

23 (iii) the effect services provided under 

24 the program had on an individual’s and 

25 family’s economic status; and 
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1 (iv) ways in which the State can im2 prove the effectiveness of its policies and 

3 procedures to serve individuals and fami4 lies with barriers to work or program com5 pliance. 

6 (B) PROGRAMS DESCRIBED.—For pur7 poses of subparagraph (A), a program described 

8 in this subparagraph, is a program that— 

9 (i) is funded under the TANF pro10 gram; 

11 (ii) receives funding from amounts 

12 made available under the State family as13 sistance grant made under section 

14 403(a)(1) of the Social Security Act (42 

15 U.S.C. 603(a)(1)); or 

16 (iii) is funded with qualified State ex17 penditures (as defined in section 

18 409(a)(7)(B)(i) of such Act (42 U.S.C. 

19 609(a)(7)(B)(i))). 

20 (C) DEVELOPMENT OF MECHANISM FOR

21 REVIEW AND REPORTS BY LOCAL UNITS OF

22 GOVERNMENT.—In the case of a State in which 

23 significant policy or spending decisions are 

24 made in the State with respect to a program 

25 described in subparagraph (B) at the county or 
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1 other local unit of government, then the advi2 sory panel shall develop a mechanism that re3 quires each county or other local unit of govern4 ment to—

5 (i) review its policies and procedures 

6 with respect to that program and file a 

7 written report with the advisory panel re8 garding how the policies and procedures 

9 for the program are designed to assist in10 dividuals and families with barriers to 

11 work; and 

12 (ii) respond to any other requests for 

13 information from the advisory panel re14 garding the TANF program. 

15 (D) ADDITIONAL AUTHORITY.—In order to 

16 carry out the duties described in this para17 graph, the advisory panel may hold such meet18 ings (in addition to the regular meetings re19 quired under paragraph (3)(C)) and such public 

20 hearings, hire such staff, enter into the contract 

21 required under paragraph (4)(B), and travel to 

22 such locations of programs described in sub23 paragraph (B), as the panel determines to be 

24 appropriate. 

25 (3) DURATION; MEETINGS.—
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1 (A) DURATION.—An advisory panel estab2 lished in accordance with this subsection shall 

3 remain in effect for at least 3 years from the 

4 date of the initial meeting of the panel. 

5 (B) DEADLINE FOR INITIAL MEETING.—

6 Not later than the end of the first Federal fis7 cal year quarter that begins on or after the date 

8 of enactment of this Act, the advisory panel 

9 shall meet for its initial meeting. 

10 (C) REGULAR MEETINGS.—The advisory 

11 panel shall meet on a regular basis. 

12 (4) REPORTS.—

13 (A) IN GENERAL.—Each advisory panel es14 tablished in accordance with this subsection 

15 shall file the following reports with the Sec16 retary of Health and Human Services: 

17 (i) Not later than 12 months after the 

18 initial meeting of the advisory panel, an in19 terim report identifying areas where im20 provement is needed with respect to State 

21 policies and procedures to serve individuals 

22 with barriers to work and the steps the 

23 State is taking or plans to take to make 

24 those improvements. 
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1 (ii) Not later than 24 months after 

2 such initial meeting, a progress report on 

3 how the improvements identified in the re4 port required under clause (i) are being 

5 made, whether additional improvements 

6 are needed, including plans to make those 

7 improvements, and that includes the report 

8 of the independent evaluation entity re9 quired under subparagraph (B). 

10 (iii) Not later than 36 months after 

11 such initial meeting, a final report that de12 scribes how the programs described in sub13 paragraph (B) have been improved to as14 sist individuals and families with barriers 

15 to work and identifies ongoing work that 

16 will be needed to maintain the improve17 ments made. 

18 (B) REQUIREMENTS FOR PROGRESS RE19 PORT.—In preparation for the progress report 

20 required under subparagraph (A)(ii), the advi21 sory panel shall hire an independent evaluation 

22 entity to assess the State’s progress in meeting 

23 the goals set forth by the advisory panel. In 

24 States described in paragraph (2)(C), the inde25 pendent evaluation entity shall also assess the 
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1 progress being made at the county level or ap2 propriate other unit of local government. 

3 (C) REPORTS TO CONGRESS.—The Sec4 retary of Health and Human Services shall 

5 compile the reports submitted under subpara6 graph (A) and shall submit such compilations 

7 to Congress as part of any annual report to 

8 Congress on the TANF program. 

9 (5) PUBLIC ACCESS.—

10 (A) IN GENERAL.—All materials collected 

11 by or provided to the advisory panel and all re12 ports submitted by the advisory panel to the 

13 State or the Secretary of Health and Human 

14 Services shall be publicly available. 

15 (B) OPPORTUNITY FOR PUBLIC COM16 MENT.—The advisory panel shall create oppor17 tunities to secure public comments on a draft of 

18 each report to be submitted to the State or the 

19 Secretary of Health and Human Services and 

20 shall submit a summary of such comments with 

21 the final draft of the report. 

22 (6) FUNDING.—Out of funds made available to 

23 carry out this subsection, the Secretary of Health 

24 and Human Services shall pay each State that es25 tablishes an advisory panel in accordance with this 
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1 subsection, $1,500,000, for the period of fiscal years 

2 2003 through 2005. 

3 (7) RULE OF CONSTRUCTION.—Nothing in this 

4 paragraph shall be construed as authorizing an advi5 sory review panel established under this paragraph 

6 to resolve complaints filed by individuals or entities 

7 related to possible violations of laws protecting civil 

8 rights. 

9 (8) AUTHORIZATION OF APPROPRIATIONS.—

10 There is authorized to be appropriated to the Sec11 retary of Health and Human Services to carry out 

12 this subsection, such sums as are necessary for each 

13 of fiscal years 2003 through 2006.

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