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S.2052
Personal Responsibility and Work Opportunity Reconciliation Act
Amendments of 2002 (Introduced in Senate)
SEC. 203. PARENTS AS SCHOLARS PROGRAM.
(a) STATE OPTION TO ESTABLISH PARENTS AS SCHOLARS PROGRAM- Section 404 (42
U.S.C. 604) is amended by adding at the end the following new subsection:
`(l) AUTHORITY TO ESTABLISH A PARENTS AS SCHOLARS PROGRAM-
`(A) IN GENERAL- A State to which a grant is made under section 403
may use the grant to establish a parents as scholars program under which
an eligible participant may be provided support services described in
paragraph (4) based on the participant's need in order to complete the
program, and the State may elect--
`(i) in accordance with section 407(c)(2)(E), to include the
participant in the determination of the monthly work participation rates
under paragraph (1)(B)(i) of section 407(b); and
`(ii) in accordance with section 408(a)(7)(H), to credit the
participant for any month in which the participant is engaged in the
program for purposes of determining the number of months for which an
adult has received assistance under a State or tribal program funded
under this part.
`(B) LIMITATION ON NUMBER OF ELIGIBLE PARTICIPANTS- The number of
eligible participants that may participate in a parents as scholars
program established under this subsection may not exceed the amount equal
to 5 percent of the total number of recipients of assistance under the
State program funded under this part.
`(2) DEFINITION OF ELIGIBLE PARTICIPANT-
`(A) IN GENERAL- In this subsection, the term `eligible participant'
means an individual who receives assistance under the State program funded
under this part and satisfies the following requirements:
`(i) The individual is enrolled as a full-time student in a
postsecondary 2- or 4-year degree program.
`(ii) The individual does not have a marketable bachelor's
degree.
`(iii) The individual does not have the skills necessary to earn at
least 85 percent of the median wage for the State or locality in which
the individual resides.
`(iv) The individual is--
`(I) pursuing a degree that will improve the individual's ability
to support the individual's family, considering the local labor market
and employment opportunities; and
`(II) demonstrating an ability to succeed in the educational
program that has been chosen.
`(v) The individual participates in a combination of education,
training , study or
worksite experience for an average of not less than 20 hours per week
(including time spent studying at 150 percent of time spent in
class).
`(vi) After the first 24 months of participation in the program, the
individual--
`(I) works not less than 15 hours per week (in addition to school
and study time); or
`(II) engages in a combination of class hours, study hours
(including time spent studying at 150 percent of time spent in class)
and work for a total of not less than 40 hours per
week.
`(vii) During the period the individual participates in the program,
the individual--
`(I) maintains not less than a 2.0 grade point
average;
`(II) attends classes as scheduled;
`(III) reports to the individual's caseworker for the program any
changes that might affect the individual's
participation;
`(IV) provides the individual's caseworker with a copy of any
financial aid award letters; and
`(V) provides the individual's caseworker with the individual's
semester grades as requested.
`(B) DEFINITION OF FULL-TIME STUDENT-
`(i) IN GENERAL- In subparagraph (A)(i), the term `full-time
student' means an individual is taking courses having the number of
hours needed under the requirements of the educational institution in
which the individual is enrolled, to complete the requirements of a
degree within the usual timeframe of 2 or 4 years, as
applicable.
`(ii) EXCEPTION- The State may, for good cause, modify the number of
hours required under clause (i) to allow additional time, not to exceed
150 percent of the usual timeframe required for completion of a 2- or
4-year degree, for an individual to complete a degree and be considered
a full-time student under the program established under this
subsection.
`(3) MODIFICATION OF ELIGIBLE PARTICIPANT REQUIREMENTS- A State may, for
good cause, modify the requirements for an eligible participant set forth in
paragraph (2)(A).
`(4) SUPPORT SERVICES DESCRIBED- For purposes of paragraph (1), the
support services described in this paragraph include any or all of the
following during the period the eligible participant is in the program
established under this subsection:
`(A) Child care for children under age 13, or children who are
physically or mentally incapable of caring for themselves.
`(B) Transportation services including--
`(i) mileage at a set rate per mile or reimbursement for public or
private transportation;
`(ii) payment for automotive repairs, not to exceed $500 per year on
a vehicle registered to the eligible participant; and
`(iii) reimbursement for vehicle liability insurance, not to exceed
$300, for the eligible participant's vehicle.
`(C) Payment for books and supplies to the extent that such items are
not covered by grants and loans, not to exceed $750 per academic
year.
`(D) Such other expenses, not to exceed $500, that the State
determines are necessary for the eligible participant to complete the
program established under this subsection and that are not covered by any
other available support services program.'.
(b) STATE OPTION TO INCLUDE PARENTS AS SCHOLARS PARTICIPANTS IN
DETERMINATION OF WORK PARTICIPATION REQUIREMENTS- Section 407(c)(2) (42 U.S.C.
607(c)(2)) is amended by adding at the end the following new subparagraph:
`(E) STATE OPTION TO INCLUDE PARENTS AS SCHOLARS PARTICIPANTS AS
ENGAGED IN WORK- In the case of a State that elects to establish a parents
as scholars program under section 404(l), the State may consider
individuals participating in that program as being engaged in work for the
month for purposes of determining monthly participation rates under
subsection (b)(1)(B)(i).'.
(c) INCLUSION IN DEFINITION OF WORK ACTIVITY- Section 407 of the Social
Security Act (42 U.S.C. 607) is amended--
(1) in subparagraphs (A) and (B) of subsection (c)(1), by striking `or
(12)' each place it appears and inserting `(12), or (13)'; and
(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) postsecondary education, but only in the case of an individual
participating in a parents as scholars program that meets the requirements
of section 404(l).'.
SEC. 204. ELIMINATION OF RECIPIENTS COMPLETING SECONDARY SCHOOL FROM LIMIT
ON NUMBER OF TANF RECIPIENTS
PARTICIPATING IN VOCATIONAL EDUCATIONAL TRAINING .
(a) IN GENERAL- Section 407(c)(2)(D) (42 U.S.C. 607(c)(2)(D)) is amended
by striking `, or (if the month is in fiscal year 2000 or thereafter) deemed
to be engaged in work for the month by reason of subparagraph (C) of this
paragraph' and inserting `(determined without regard to any individual
described in subparagraph (C)'.
(b) CONFORMING AMENDMENTS-
(1) Section 407(c)(2)(C)(ii) (42 U.S.C. 607(c)(2)(C)(ii) is amended by
inserting `including vocational educational training' after `employment'.
(2) Section 407(c)(2)(D) (42 U.S.C. 607(c)(2)(D)) is amended in the
heading, by striking `EDUCATIONAL ACTIVITIES' and inserting `VOCATIONAL
EDUCATIONAL ACTIVITIES'.
SEC. 205. VOCATIONAL TRAINING
AND OTHER PREEMPLOYMENT ACTIVITIES.
(a) COUNTING OF UP TO 24 MONTHS OF VOCATIONAL TRAINING AS WORK ACTIVITY- Section
407(d)(8) (42 U.S.C. 607(d)(8)) is amended by striking `12' and inserting
`24'.
(b) PARTICIPATION IN ENGLISH-AS-A-SECOND-LANGUAGE PROGRAM ALLOWABLE AS A
PREEMPLOYMENT ACTIVITY- Section 407 (42 U.S.C. 607), as amended by section
203(c) and section 301(a), is amended--
(1) in subsection (c)(1), by striking `or (13)' and inserting `(13), or
(14)'; and
(A) by striking `and' at the end of paragraph (12);
(B) by striking the period at the end of paragraph (13) and inserting
`; and'; and
(C) by adding at the end the following:
`(14) participation in an English-as-a-second-language program.'.
SEC. 206. STATE OPTION TO CREDIT MONTHS ENGAGED IN WORK OR PARENTS AS
SCHOLARS PROGRAM FOR PURPOSES OF 5-YEAR ASSISTANCE LIMIT.
Section 408(a)(7) (42 U.S.C. 608(a)(7)) is amended by adding at the end
the following new subparagraph:
`(H) STATE OPTION TO CREDIT MONTHS ENGAGED IN WORK OR PARENTS AS
SCHOLARS PROGRAM- In determining the number of months for which an adult
has received assistance under a State or tribal program funded under this
part, the State or tribe may disregard any month during which the adult
is--
`(i) engaged in a work activity defined in paragraph (1), (2), (3),
(4), or (7) of section 407(d) in accordance with the requirements of
section 407(c); or
`(ii) a participant in the parents as scholars program established
under section 404(l).'.
SEC. 207. INNOVATIVE BUSINESS LINK PARTNERSHIP FOR EMPLOYERS AND NONPROFIT
ORGANIZATIONS.
(a) AUTHORITY TO AWARD GRANTS- The Secretary of Health and Human Services
and the Secretary of Labor (in this section referred to as the `Secretaries')
jointly shall award grants in accordance with this section for projects
proposed by eligible applicants based on the following:
(1) The potential effectiveness of the proposed project in carrying out
the activities described in subsection (e).
(2) Evidence of the ability of the eligible applicant to leverage
private, State, and local resources.
(3) Evidence of the ability of the eligible applicant to coordinate with
other organizations at the State and local level.
(b) DEFINITION OF ELIGIBLE APPLICANT- In this section, the term `eligible
applicant' means a nonprofit organization, a local workforce investment board
established under section 117 of the Workforce Investment Act of 1998 (29
U.S.C. 2832), or a political subdivision of a State. In addition, in order to
qualify as an eligible applicant for purposes of subsection (e)(1), the
applicant must provide evidence that the application has been developed by and
will be implemented by a local or regional consortium that includes, at
minimum, employers or employer associations, education and training providers, and social service
providers.
(c) REQUIREMENTS- In awarding grants under this section, the Secretaries
shall--
(1) consider the needs of rural areas and cities with large
concentrations of residents with an income that is less than the 150 percent
of the poverty line; and
(A) all of the funds made available under this section (other than
funds reserved for use by the Secretaries under subsection (j)) shall be
used for activities described in subsection (e);
(B) not less than 30 percent of the funds made available under this
section (other than funds so reserved) shall be used for activities
described in subsection (e)(1); and
(C) not less than 30 percent of the funds made available under this
section (other than funds so reserved) shall be used for the activities
described in subsection (e)(2).
(d) DETERMINATION OF GRANT AMOUNT-
(1) IN GENERAL- Subject to paragraph (2), in determining the amount of a
grant to be awarded under this section for a project proposed by an eligible
applicant, the Secretaries shall provide the eligible applicant with an
amount sufficient to ensure that the project has a reasonable opportunity to
be successful, taking into account--
(A) the number and characteristics of the individuals to be served by
the project;
(B) the level of unemployment in such area;
(C) the job opportunities and job growth in such area;
(D) the poverty rate for such area; and
(E) such other factors as the Secretary deems appropriate in the area
to be served by the project.
(2) AWARD CEILING- A grant awarded to an eligible applicant under this
section may not exceed $10,000,000.
(e) ALLOWABLE ACTIVITIES- An eligible applicant awarded a grant under this
section shall use funds provided under the grant to do the following:
(1) PROMOTE BUSINESS LINKAGES-
(A) IN GENERAL- To promote business linkages in which funds shall be
used to fund new or expanded programs that are designed to--
(i) substantially increase the wages of low-income parents,
noncustodial parents, and other low-income individuals, whether employed
or unemployed, who have limited English proficiency or other barriers to
employment by upgrading job and related skills in partnership with
employers, especially by providing services at or near work sites;
and
(ii) identify and strengthen career pathways by expanding and
linking work and training
opportunities for low-earning workers in collaboration with
employers.
(B) CONSIDERATION OF IN-KIND, IN-CASH RESOURCES- In determining which
programs to fund under this paragraph, an eligible applicant awarded a
grant under this section shall consider the ability of a consortium to
provide funds in-kind or in-cash (including employer-provided, paid
release time) to help support the programs for which funding is
sought.
(C) PRIORITY- In determining which programs to fund under this
paragraph, an eligible applicant awarded a grant under this section shall
give priority given to programs that include education or training for which participants
receive credit toward a recognized credential.
(i) IN GENERAL- Funds provided to a program under this paragraph may
be used for a comprehensive set of employment and training benefits and services,
including job development, job matching, curricula development, wage
subsidies, retention services, and such others as the program deems
necessary to achieve the overall objectives of this
paragraph.
(ii) PROVISION OF SERVICES- So long as a program is principally
designed to assist eligible individuals, funds may be provided to a
program under this paragraph that is designed to provide services to
categories of low-earning employees for 1 or more employers and such a
program may provide services to individuals who do not meet the
definition of low-income established for the program.
(2) PROVIDE FOR TRANSITIONAL JOBS PROGRAMS-
(A) IN GENERAL- To provide for transitional jobs programs which
combine time-limited employment in the public or nonprofit sector that is
subsidized with public funds with skill development and barriers to
employment removal activities, pursuant to an individualized
plan. Such programs also shall provide job development and placement
assistance to individual participants to help them move from subsidized
employment in transitional jobs into unsubsidized employment, as well as
retention services after the transition to unsubsidized employment.
(B) DEFINITION OF TRANSITIONAL JOBS PROGRAM- In this paragraph, the
term `transitional jobs program' means a program that is intended to serve
current and former recipients of assistance under a State or tribal
program funded under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.) and other low-income individuals who have been unable
to secure employment through job search or other employment-related
services because of limited skills, experience, or other barriers to
employment.
(f) DEFINITION OF ELIGIBLE INDIVIDUAL- In this section, the term `eligible
individual' means--
(A) an individual who is a parent who is a recipient of assistance
under a State or tribal program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.);
(B) an individual who is a parent who has ceased to receive assistance
under such a State or tribal program; or
(C) a noncustodial parent who is unemployed, or having difficulty in
paying child support obligations.
(g) APPLICATION- Each eligible applicant desiring a grant under this
section shall submit an application to the Secretaries at such time, in such
manner, and accompanied by such information as the Secretaries may require.
(h) ASSESSMENTS AND REPORTS BY GRANTEES-
(1) IN GENERAL- An eligible applicant that receives a grant under this
section shall assess and report on the outcomes of programs funded under the
grant, including outcomes related to job placement, 1-year employment
retention, wage at placement, and earnings progression, as specified by the
Secretaries.
(2) ASSISTANCE- The Secretaries shall--
(A) assist grantees in conducting the assessment required under
paragraph (1) by making available where practicable low-cost means of
tracking the labor market outcomes of participants; and
(B) encourage States to also provide such assistance.
(i) APPLICATION TO REQUIREMENTS OF THE STATE TANF PROGRAM-
(1) WORK PARTICIPATION REQUIREMENTS- With respect to any month in which
a recipient of assistance under a State or tribal program funded under part
A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) who
satisfactorily participates in a business linkage or transitional jobs
program described in subsection (e) that is paid for with funds made
available under a grant made under this section, such participation shall be
considered to satisfy the work participation requirements of section 407 of
the Social Security Act (42 U.S.C. 607)) and included for purposes of
determining monthly participation rates under subsection (b)(1)(B)(i) of
such section.
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