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S.2052
Personal Responsibility and Work Opportunity Reconciliation Act
Amendments of 2002 (Introduced in Senate)
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.
(2) PARTICIPATION NOT CONSIDERED ASSISTANCE- A benefit or service
provided with funds made available under a grant made under this section
shall not be considered assistance for any purpose 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.).
(j) ASSESSMENTS BY THE SECRETARIES-
(1) RESERVATION OF FUNDS- Of the amount appropriated under subsection
(k), $3,000,000 is reserved for use by the Secretaries to prepare an interim
and final report summarizing and synthesizing outcomes and lessons learned
from the programs funded through grants awarded under this section.
(2) INTERIM AND FINAL ASSESSMENTS- With respect to the reports prepared
under paragraph (1), the Secretaries shall submit--
(A) the interim report not later than 4 years after the date of
enactment of this Act; and
(B) the final report not later than 6 years after such date of
enactment.
(k) APPROPRIATION- Out of any money in the Treasury of the United States
not otherwise appropriated, there are appropriated for grants under this
section, $200,000,000 for the period of fiscal years 2003 through 2007.
TITLE III--SUPPORTING FAMILIES
SEC. 301. ELIMINATION OF SEPARATE WORK PARTICIPATION RATE FOR 2-PARENT
FAMILIES.
(a) IN GENERAL- Section 407 (42 U.S.C. 607) is amended--
(A) in paragraph (1), by striking `ALL FAMILIES' and inserting `IN
GENERAL'; and
(B) by striking paragraph (2) and redesignating paragraph (3) (as
added by section 201(a)(1)) as paragraph (2);
(A) by striking paragraph (2);
(B) in paragraph (3) (as redesignated by section 201(a)(2)), by
striking `paragraphs (1)(B) and (2)(B)' and inserting `paragraph
(1)(B)';
(C) in paragraph (4) (as so redesignated), by striking `rates' and
inserting `rate'; and
(D) by redesignating such paragraphs (3) and (4) as paragraphs (2) and
(3), respectively; and
(i) by striking `GENERAL RULES- ' and all that follows through `For
purposes' in subparagraph (A) and inserting `GENERAL RULE- For
purposes'; and
(ii) by striking subparagraph (B); and
(B) in paragraph (2)(D)--
(i) by striking `paragraphs (1)(B)(i) and (2)(B) of subsection (b)'
and inserting `subsection (b)(1)(B)(i)'; and
(ii) by striking `and in 2-parent families,
respectively,'.
(b) CONFORMING AMENDMENT REMOVING DISINCENTIVE TO ASSIST 2-PARENT
FAMILIES- Section 409(a)(3)(A) (42 U.S.C. 609(a)(3)(A)) is amended by
inserting `(determined, in the case of a fiscal year prior to fiscal year
2003, without regard to the minimum participation rate required for that
fiscal year under section 407(a)(2) (as in effect with respect to such fiscal
year)' after `section 407(a) for the fiscal year'.
SEC. 302. BAN ON IMPOSITION OF STRICTER ELIGIBILITY CRITERIA FOR 2-PARENT
FAMILIES.
(a) PROHIBITION- Section 408(a) (42 U.S.C. 608(a)) is amended by adding at
the end the following:
`(12) BAN ON IMPOSITION OF STRICTER ELIGIBILITY CRITERIA FOR 2-PARENT
FAMILIES- In determining the eligibility of a 2-parent family for any
benefit or service funded under this part or funded with non-Federal funds
counting toward the State's qualified State expenditures under section
409(a)(7), the State shall not impose a requirement that does not apply in
determining the eligibility of a 1-parent family for such
assistance.'.
(b) PENALTY- Section 409(a) (42 U.S.C. 609(a)) is amended by adding at the
end the following:
`(15) PENALTY FOR IMPOSITION OF STRICTER ELIGIBILITY CRITERIA FOR
2-PARENT FAMILIES-
`(A) IN GENERAL- If the Secretary determines that a State to which a
grant is made under section 403 for a fiscal year has violated section
408(a)(12) during the fiscal year, the Secretary shall reduce the grant
payable to the State under section 403(a)(1) for the immediately
succeeding fiscal year by an amount up to 5 percent of the State family
assistance grant.
`(B) PENALTY BASED ON SEVERITY OF FAILURE- The Secretary shall impose
reductions under subparagraph (A) with respect to a fiscal year based on
the degree of noncompliance.'.
(c) ASSURANCE OF EQUAL TREATMENT- Section 402(a) (42 U.S.C. 602(a)) is
amended by adding at the end the following:
`(8) ASSURANCE OF EQUAL TREATMENT OF 2-PARENT FAMILIES- Not later than
180 days after the completion of the examination required under section
302(b)(1) of the Personal Responsibility and Work Opportunity Reconciliation
Act Amendments of 2002, the chief executive officer of the State shall
submit to the Secretary an assurance that in conducting the State program
funded under this part, the State does not have rules or procedures that
discriminate against 2-parent families.'.
SEC. 303. FAMILY FORMATION FUND.
Section 403(a)(2) (42 U.S.C. 603(a)(2)) is amended to read as follows:
`(2) FAMILY FORMATION FUND-
`(A) IN GENERAL- The Secretary shall provide grants to States and
localities for research, technical assistance, replication, and adaptation
of rigorously evaluated programs, and to conduct demonstration projects
which are evaluated by independent entities in accordance with evaluation
criteria established by the Secretary, in the following areas:
`(i) Encouraging the formation and maintenance of 2-parent families
and healthy marriages and reducing nonmarital births.
`(ii) Reducing first and subsequent teenage pregnancies.
`(iii) Increasing the ability of noncustodial parents to financially
support and be involved with their children.
`(B) ALLOCATION OF FUNDS-
`(i) IN GENERAL- In making grants under this paragraph, the
Secretary shall ensure that not less than 30 percent of the funds made
available pursuant to this paragraph for a fiscal year are used in each
of the areas described in a clause of subparagraph (A).
`(ii) RESERVATION- The Secretary may reserve up to 5 percent of the
funds made available pursuant to this paragraph for a fiscal year to
provide technical assistance and to conduct research through the Office
of the Secretary.
`(C) GRANTEE REQUIREMENTS- A recipient of a grant under this paragraph
shall--
`(i) consult with domestic violence experts and child advocates to
ensure that programs funded under grants made under this paragraph do
not result in an increase in family violence; and
`(ii) offer marriage-related services only to individuals who
voluntarily elect to receive such services.
`(i) IN GENERAL- The Secretary shall promulgate for public comment
criteria for selecting proposals for grants under this paragraph. Such
criteria shall include, at a minimum, that the Secretary shall select
proposals that satisfy the requirements of subparagraph (C) and identify
the potential harm a demonstration project might have on subject
families such as loss of income.
`(ii) PRIORITY FOR CERTAIN PROPOSALS- Within the allocation made
available to carry out subparagraph (A)(ii), the Secretary shall give
priority to proposals that seek to replicate or adapt teen pregnancy
prevention programs that have been rigorously evaluated and shown to be
successful.
`(E) APPROPRIATION- Out of any money in the Treasury of the United
States not otherwise appropriated, there are appropriated for each of
fiscal years 2003 through 2007 $100,000,000 for grants under this
paragraph.'.
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