I
107TH CONGRESS
2D SESSION
H. R. 5344
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
SEPTEMBER 9, 2002
Mr. STARK (for himself, Mr. BACA, Mr. BECERRA, Mr. BONIOR, Mr. BROWN
of Ohio, Mrs. CLAYTON, Mr. COYNE, Mr. CUMMINGS, Mr. DAVIS of Illi-
nois, Mr. DOGGETT, Mr. FARR of California, Mr. FILNER, Mr. HONDA,
Mr. JEFFERSON, Ms. EDDIE BERNICE JOHNSON of Texas, Ms. KAPTUR,
Ms. KILPATRICK, Mr. KUCINICH, Ms. LEE, Mr. MATSUI, Mr.
MCDERMOTT, Ms. MILLENDER-MCDONALD, Ms. MCKINNEY, Mr.
MENENDEZ, Mr. GEORGE MILLER of California, Ms. NORTON, Mr.
OWENS, Mr. PAYNE, Mr. RODRIGUEZ, Ms. SCHAKOWSKY, Mr. SCOTT,
Mr. SERRANO, Ms. SOLIS, Mrs. TAUSCHER, Mr. TIERNEY, Mr. TOWNS,
Ms. WATERS, Mr. WATT of North Carolina, Mr. WAXMAN, Ms. WOOL-
SEY, Mr. WYNN, Ms. BROWN of Florida, Ms. WATSON of California, Ms.
DELAURO, Ms. BALDWIN, Mr. MARKEY, and Mr. UNDERWOOD) intro-
duced 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.
Be it enacted by the Senate and House of Representa-
tives 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 2002’’.
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 pe-
riod and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(13) subject to subsection (j), 3 months of sat-
isfactory 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 develop-
mental disabilities services.’’; and
(3) by adding at the end the following:
‘‘(j) STATE OPTION TO EXTEND PERIOD FOR PAR-
TICIPATION IN SERVICES TO ADDRESS BARRIERS.—
‘‘(1) IN GENERAL.—With respect to an indi-
vidual, a State may extend the 3-month period re-
ferred to in subsection (d)(13) for an additional 3
months and, if necessary, for an additional period
determined by the State, so long as the State peri-
odically reassesses the appropriateness of the activi-
ties referred to in such subsection for the individual.
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in
paragraph (1) or subsection (d)(13) shall be con-
strued 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 employ-
ment opportunities.’’.
SEC. 3. CREATION OF A SCREENING, ASSESSMENT, AND
SERVICES PROCESS TO ADDRESS BARRIERS
TO EMPLOYMENT.
(a) ASSESSMENTS.—Section 408(b) of the Social Se-
curity Act (42 U.S.C. 608(b)) is amended—
(1) by striking paragraph (1) and inserting the
following:
‘‘(1) ASSESSMENT PROVIDED FOR EACH INDI-
VIDUAL WHO RECEIVES ASSISTANCE.—
‘‘(A) IN GENERAL.—The State agency re-
sponsible for administering the State program
funded under this part shall make an initial as-
sessment 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 re-
ceives such assistance to engage in work, an ini-
tial assessment of the caretaker individual) to
determine whether the individual has any bar-
riers to employment or program compliance.
‘‘(B) 2-PART
PROCESS.—The assessment
under subparagraph (A) shall consist of the fol-
lowing 2 parts:
‘‘(i) INITIAL SCREENING.—
‘‘(I) IN
GENERAL.—An initial
screening which shall evaluate an indi-
vidual’s employability, educational ca-
pacity, 
and 
other 
related 
cir-
cumstances, such as the child support
status, housing needs, and transpor-
tation needs of the individual and the
individual’s family.
‘‘(II) REQUIRED FACTORS TO BE
ASSESSED.—A 
trained 
caseworker
shall screen the individual for condi-
tions such as physical or mental im-
pairments, substance abuse, domestic
or sexual violence, learning disabil-
ities, limited English proficiency, lim-
ited 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 pro-
gram requirements.
‘‘(III) OPTIONAL
ASSESSMENT
OF CHILD CARE NEEDS.—At the op-
tion 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, appro-
priate, 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 ac-
tivity 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
ASSESS-
MENT.—If an initial screening under
clause (i) suggests the existence of poten-
tial barriers to work or program compli-
ance, the individual may elect to partici-
pate in a comprehensive assessment con-
ducted by a qualified professional to con-
firm the existence of the barriers, deter-
mine the extent of the barriers, and de-
velop 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 RE-
QUIREMENT.—Participation by an individual or
by a member of the individual’s family in an as-
sessment under this paragraph shall not be con-
sidered a program requirement for the indi-
vidual or the individual’s family.
‘‘(E) INCLUSION
OF
CASEWORKERS.—
Nothing in subparagraph (B)(ii) shall be con-
strued as prohibiting a caseworker from being
a qualified professional for purposes of that
subparagraph if the caseworker satisfies the re-
quirements for being considered a qualified pro-
fessional.’’; 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 im-
pose a sanction against an individual or family
under the State program funded under this
part on the basis of noncompliance by an indi-
vidual or family with a program requirement,
unless the State satisfies the following require-
ments:
‘‘(i) NOTICE.—The State has at-
tempted, at least twice (using at least 2
different communication methods, 1 of
which shall be in writing) to notify the in-
dividual 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 sanc-
tion;
‘‘(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 af-
forded the individual or family an oppor-
tunity 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 sanc-
tion is to be imposed, and that includes—
‘‘(I) consideration of whether cer-
tain barriers to compliance exist that
contributed to the noncompliance of
the individual or family, such as a
physical or mental impairment, in-
cluding a mental health or substance
abuse disorder or mental retardation,
a learning disability, domestic or sex-
ual 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 re-
quirements;
‘‘(III) consideration of whether
an additional assessment would assist
in identifying reasons for noncompli-
ance;
‘‘(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
SANC-
TION
IF
NEEDED
SCREENING, ASSESS-
MENT, 
OR
SERVICES
WERE
UNAVAIL-
ABLE.—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 indi-
vidual or family with a program require-
ment 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 sit-
uation but the screening or assessment has
not been completed, or if services outlined
in the service plan developed for the indi-
vidual 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 INDI-
VIDUAL OR FAMILY FAILS TO TAKE ADVAN-
TAGE OF ASSESSMENT OR SERVICES AND
DOES NOT COMPLY WITH WORK REQUIRE-
MENTS.—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 im-
posing 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 en-
sure that the individual or family can com-
ply with program requirements if such an
individual or family is not complying with
the State’s work requirements.
‘‘(C) SANCTION
FOLLOW-UP
REQUIRE-
MENTS.—
‘‘(i) IN GENERAL.—If a State imposes
a sanction on an individual or family for
failing to comply with program require-
ments, the State shall—
‘‘(I) provide, at the time the
sanction is imposed and periodically
thereafter for at least 6 months, no-
tice (in at least 2 different forms) to
the individual or family of the reason
for the sanction and the steps the in-
dividual 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-lim-
ited, notify the individual or family at
least 10 days before the expiration of
the sanction of the date when the in-
dividual or family will no longer be in
sanction status and inform the indi-
vidual or family how assistance will be
reinstated.
‘‘(ii) OUTREACH TO INDIVIDUALS AND
FAMILIES
SANCTIONED
WHO
HAVE
NOT
RESUMED RECEIVING CASH ASSISTANCE.—
If, during the 5-year period that ended on
the date of enactment of the Chance to
Succeed Act of 2002, a State imposed a
sanction against an individual or family
that resulted in the individual or family
losing all cash assistance under the State
program funded under this part, and the
individual or family did not resume receiv-
ing cash assistance at the end of the sanc-
tion period, the State shall make reason-
able efforts to identify such individuals and
families and notify them, using at least 2
methods of communication, 1 of which is
written, of the assistance, services, and
support they may be eligible to receive.
‘‘(D) CONFIDENTIALITY.—The State, and
any individuals or entities acting as agents of
the State, shall not disclose any identifying in-
formation obtained through any process or pro-
cedure instituted pursuant to this paragraph
unless required or permitted to do so by law.
‘‘(E) DEVELOPMENT OF STANDARDS, PRO-
CEDURES, TRAINING, AND SCREENING TOOLS.—
States and local governments shall, in consulta-
tion with Federal, State, tribal, or local experts
in the different barriers to employment, develop
standards, procedures, training, and screening
tools for use in carrying out this paragraph.’’.
(c) PLAN REQUIREMENTS FOR INDIVIDUAL RESPON-
SIBILITY PLANS.—Section 408(b)(2)(A) of the Social Se-
curity Act (42 U.S.C. 608(b)(2)(A)) is amended to read
as follows:
‘‘(A) REQUIREMENTS.—
‘‘(i) IN GENERAL.—From the assess-
ment described in paragraph (1), the
State, in consultation with the individual
who is the subject of the assessment, shall
develop a personal responsibility plan,
that—
‘‘(I) sets forth an employment
goal to move the individual into stable
employment;
‘‘(II) sets forth the obligations of
the individual that will help the indi-
vidual become and remain employed
in the private sector;
‘‘(III) describes the individual’s
long-term career goals and the specific
work experience, education, or train-
ing needed to reach them; and
‘‘(IV) identifies the services the
State will offer the individual’s family
based upon the assessment and eval-
uation described in this section.
‘‘(ii) MODIFICATION.—If the State is
unable to provide needed services to the in-
dividual or the individual’s family, the
State shall modify the personal responsi-
bility plan to be consistent with the needs
of the individual, the family, and the ca-
pacity of the State.’’.
(d) TECHNICAL ASSISTANCE.—The Secretary shall
coordinate with Federal, State, and tribal experts and
qualified professionals to determine, develop, and dissemi-
nate to States, and provide technical assistance with re-
spect to, model practices, standards, and procedures for
screening, assessment, addressing barriers, including mul-
tiple barriers, in a comprehensive manner, and moving in-
dividuals and families with barriers into employment, as
well as model training materials for caseworkers.
(e) 
STATE
PLAN
REQUIREMENT.—Section
402(a)(1)(A) of the Social Security Act (42 U.S.C.
602(a)(1)(A)) is amended by adding at the end the fol-
lowing:
‘‘(vii) Identify and serve individuals
and families with barriers to employment
as described in section 408(b)(1).’’.
(f) COORDINATING EXEMPTIONS FROM WORK RE-
QUIREMENTS.—Section 408(a)(7)(C) of the Social Secu-
rity Act (42 U.S.C. 608(a)(7)(C)) is amended by adding
at the end the following:
‘‘(iv) 
FAMILIES
EXEMPTED
FROM
WORK REQUIREMENTS BY REASON OF BAR-
RIER TO WORK BY FAMILY MEMBER.—The
State shall exempt a family from the appli-
cation of subparagraph (A) of this para-
graph if the State permits a member of the
family (or, in the case of a State that re-
quires a caretaker for an individual who
receives assistance to engage in work, a
caretaker) to engage in activities to ad-
dress 
barriers, 
pursuant 
to 
section
407(d)(13), so long as the State deter-
mines that the individual is satisfactorily
participating in such activities.’’.
(g) ADVISORY PANEL TO IMPROVE STATE POLICIES
AND PROCEDURES
FOR ASSISTING INDIVIDUALS
AND
FAMILIES WITH BARRIERS TO WORK.—
(1) MEMBERSHIP; CHAIR.—
(A) MEMBERSHIP.—Each State that re-
ceives a State family assistance grant under
section 403(a)(1) of the Social Security Act (42
U.S.C. 603(a)(1)) shall establish an advisory
panel consisting of representatives of the fol-
lowing:
(i) The State agency responsible for
administering the temporary assistance to
needy families program established under
part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.) (in this sub-
section referred to as the ‘‘TANF pro-
gram’’).
(ii) Professionals from other State
agencies with expertise in barriers that
interfere with an individual’s or family’s
ability to work, such as physical or mental
impairments, substance abuse, domestic or
sexual violence, learning disabilities, lim-
ited English proficiency, limited literacy in
a primary language, and need to care for
a child with a disability or health condi-
tion.
(iii) Organizations representing indi-
viduals and families with such barriers.
(iv) Professionals with expertise in de-
signing and implementing policies and pro-
grams to successfully serve individuals and
families with such barriers.
(v) Individuals and families with such
barriers who are recipients of cash assist-
ance or support services under the TANF
program.
(B) CHAIR.—The chief executive officer of
the State shall appoint an individual who is not
a State employee to serve as chair of the advi-
sory panel.
(2) DUTIES.—
(A) IN
GENERAL.—The advisory panel
shall review the efficacy of each program de-
scribed in subparagraph (B) to determine—
(i) the amount of funds spent on serv-
ices under the program;
(ii) the referral process for participa-
tion in the program, including whether in-
dividuals and families received referrals
and services;
(iii) the effect services provided under
the program had on an individual’s and
family’s economic status; and
(iv) ways in which the State can im-
prove the effectiveness of its policies and
procedures to serve individuals and fami-
lies with barriers to work or program com-
pliance.
(B) PROGRAMS
DESCRIBED.—For pur-
poses of subparagraph (A), a program described
in this subparagraph, is a program that—
(i) is funded under the TANF pro-
gram;
(ii) receives funding from amounts
made available under the State family as-
sistance 
grant 
made 
under 
section
403(a)(1) of the Social Security Act (42
U.S.C. 603(a)(1)); or
(iii) is funded with qualified State ex-
penditures 
(as 
defined 
in 
section
409(a)(7)(B)(i) of such Act (42 U.S.C.
609(a)(7)(B)(i))).
(C) DEVELOPMENT
OF
MECHANISM
FOR
REVIEW
AND
REPORTS
BY
LOCAL
UNITS
OF
GOVERNMENT.—In the case of a State in which
significant policy or spending decisions are
made in the State with respect to a program
described in subparagraph (B) at the county or
other local unit of government, then the advi-
sory panel shall develop a mechanism that re-
quires each county or other local unit of govern-
ment to—
(i) review its policies and procedures
with respect to that program and file a
written report with the advisory panel re-
garding how the policies and procedures
for the program are designed to assist in-
dividuals and families with barriers to
work; and
(ii) respond to any other requests for
information from the advisory panel re-
garding the TANF program.
(D) ADDITIONAL AUTHORITY.—In order to
carry out the duties described in this para-
graph, the advisory panel may hold such meet-
ings (in addition to the regular meetings re-
quired under paragraph (3)(C)) and such public
hearings, hire such staff, enter into the contract
required under paragraph (4)(B), and travel to
such locations of programs described in sub-
paragraph (B), as the panel determines to be
appropriate.
(3) DURATION; MEETINGS.—
(A) DURATION.—An advisory panel estab-
lished in accordance with this subsection shall
remain in effect for at least 3 years from the
date of the initial meeting of the panel.
(B) DEADLINE FOR INITIAL MEETING.—
Not later than the end of the first Federal fis-
cal year quarter that begins on or after the date
of enactment of this Act, the advisory panel
shall meet for its initial meeting.
(C) REGULAR
MEETINGS.—The advisory
panel shall meet on a regular basis.
(4) REPORTS.—
(A) IN GENERAL.—Each advisory panel es-
tablished in accordance with this subsection
shall file the following reports with the Sec-
retary of Health and Human Services:
(i) Not later than 12 months after the
initial meeting of the advisory panel, an in-
terim report identifying areas where im-
provement is needed with respect to State
policies and procedures to serve individuals
with barriers to work and the steps the
State is taking or plans to take to make
those improvements.
(ii) Not later than 24 months after
such initial meeting, a progress report on
how the improvements identified in the re-
port required under clause (i) are being
made, whether additional improvements
are needed, including plans to make those
improvements, and that includes the report
of the independent evaluation entity re-
quired under subparagraph (B).
(iii) Not later than 36 months after
such initial meeting, a final report that de-
scribes how the programs described in sub-
paragraph (B) have been improved to as-
sist individuals and families with barriers
to work and identifies ongoing work that
will be needed to maintain the improve-
ments made.
(B) REQUIREMENTS
FOR
PROGRESS
RE-
PORT.—In preparation for the progress report
required under subparagraph (A)(ii), the advi-
sory panel shall hire an independent evaluation
entity to assess the State’s progress in meeting
the goals set forth by the advisory panel. In
States described in paragraph (2)(C), the inde-
pendent evaluation entity shall also assess the
progress being made at the county level or ap-
propriate other unit of local government.
(C) REPORTS
TO
CONGRESS.—The Sec-
retary of Health and Human Services shall
compile the reports submitted under subpara-
graph (A) and shall submit such compilations
to Congress as part of any annual report to
Congress on the TANF program.
(5) PUBLIC ACCESS.—
(A) IN GENERAL.—All materials collected
by or provided to the advisory panel and all re-
ports submitted by the advisory panel to the
State or the Secretary of Health and Human
Services shall be publicly available.
(B) OPPORTUNITY
FOR
PUBLIC
COM-
MENT.—The advisory panel shall create oppor-
tunities to secure public comments on a draft of
each report to be submitted to the State or the
Secretary of Health and Human Services and
shall submit a summary of such comments with
the final draft of the report.
(6) FUNDING.—Out of funds made available to
carry out this subsection, the Secretary of Health
and Human Services shall pay each State that es-
tablishes an advisory panel in accordance with this
subsection, $1,500,000, for the period of fiscal years
2003 through 2005.
(7) RULE OF CONSTRUCTION.—Nothing in this
paragraph shall be construed as authorizing an advi-
sory review panel established under this paragraph
to resolve complaints filed by individuals or entities
related to possible violations of laws protecting civil
rights.
(8) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to the Sec-
retary of Health and Human Services to carry out
this subsection, such sums as are necessary for each
of fiscal years 2003 through 2006.
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