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S.2524
Work and Family Act of 2002 (Introduced in Senate)
SEC. 107. 40-HOUR WORK WEEK.
(a) CORE AND SELF-SUFFICIENCY HOURS- Section 407(c)(1) (42 U.S.C.
607(c)(1)) is amended to read as follows:
`(1) CORE AND SELF-SUFFICIENCY HOURS-
`(A) MINIMUM REQUIREMENTS APPLICABLE TO ALL RECIPIENTS- Subject to
subparagraph (D), for purposes of subsection (b)(1)(B)(i), a recipient is
engaged in work for a month in a fiscal year if the recipient is
participating in core work activities for at least 20 hours per week and
in self-sufficiency activities for at least an additional 20 hours per
week (as administered and certified by the State).
`(B) CREDIT FOR RECIPIENTS EXCEEDING CORE WORK ACTIVITIES REQUIREMENTS
BUT NOT MEETING SELF-SUFFICIENCY ACTIVITIES REQUIREMENTS- Subject to
subparagraph (D), for purposes of subsection (b)(1)(B)(i), with respect to
a month--
`(i) if a family includes a recipient who is engaged in core work
activities for at least 24 hours per week for the month
but not engaged in self-sufficiency activities for the month, the State shall
count the family as 60 percent of a family being engaged in work for the month;
`(ii) if a family includes a recipient who is engaged in core work
activities for at least 24 hours per week and in self-sufficiency
activities for at least 1 but less than 5 hours per week for the month,
the State shall count the family as 70 percent of a family being engaged
in work for the month;
`(iii) if a family includes a recipient who is engaged in core work
activities for at least 24 hours per week and in self-sufficiency
activities for at least 5 but less than 9 hours per week for the month,
the State shall count the family as 80 percent of a family being engaged
in work for the month;
`(iv) if a family includes a recipient who is engaged in core work
activities for at least 24 hours per week and in self-sufficiency
activities for at least 9 but less than 13 hours per week for the month,
the State shall count the family as 90 percent of a family being engaged
in work for the month;
`(v) if a family includes a recipient who is engaged in core work
activities for at least 24 hours per week and in self-sufficiency
activities for at least 13 but less than 16 hours per week for the
month, the State shall count the family as a family being engaged in
work for the month; and
`(vi) if a family includes a recipient who is engaged in core work
activities for at least 24 hours per week and in self-sufficiency
activities for at least 16 hours per week for the month, the State shall
count the family as 1 1/4 families being engaged in work for the
month.
`(C) DEFINITIONS- In this section:
`(i) CORE WORK ACTIVITIES- The term `core work activities' means 1
or more activities described in paragraphs (1) through (9) of subsection
(d).
`(ii) SELF-SUFFICIENCY ACTIVITIES- The term `self-sufficiency
activities' means 1 or more activities described in paragraphs (1)
through (13) of subsection (d).
`(D) LIMITATION ON APPLICABILITY- With respect to fiscal year 2003 or
any fiscal year thereafter, if the amount appropriated for that fiscal
year under subsection (a)(3) of section 418 for making grants under that
section to provide child care assistance is less than the amount required
to be appropriated for such fiscal year as of the date of enactment of the
Work and Family Act of 2002, this paragraph shall be applied without
regard to the amendments made by section 107(a) of the Work and Family Act
of 2002, and shall continue to be so applied until the amount appropriated
for the fiscal year under subsection (a)(3) of section 418 is at least
equal to the amount required to be so appropriated for that fiscal year,
as of such date of enactment.'.
(1) MODIFICATIONS OF LIMITATIONS ON ACTIVITIES- Section 407(d) (42
U.S.C. 607(d)) is amended--
(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) any activity that the State--
`(A) determines is reasonably related to--
`(i) providing assistance to needy families so that children may be
cared for in their own homes or in the homes of relatives;
`(ii) ending the dependence of needy parents on government benefits
by promoting job preparation, work, and marriage;
`(iii) preventing and reducing the incidence of out-of-wedlock
pregnancies and establishing annual numerical goals for preventing and
reducing the incidence of these pregnancies; or
`(iv) encouraging the formation and maintenance of 2-parent
families; or
`(B) certifies as achieving 1 or more purposes described in
subparagraph (A), such as (but not limited to) language acquisition
skills, including participation in an English as a second language
program, education and training (including postsecondary
education), substance abuse treatment, the receipt of mental health
services, or the acquisition of child development and parenting
skills.'.
(2) RECIPIENTS CONSIDERED TO BE FULL-TIME EMPLOYEES BY THEIR EMPLOYER-
Section 407(c)(2) (42 U.S.C. 607(c)(2)) is amended by adding at the end the
following:
`(E) RECIPIENTS CONSIDERED TO BE FULL-TIME EMPLOYEES BY THEIR
EMPLOYER- For purposes of determining monthly participation rates under
subsection (b)(1)(B)(i), a recipient whose private sector employer
certifies that the recipient's hours of work satisfy the employer's
requirements applicable to the employer's other employees for being a
full-time employee, and that the recipient is considered to be a full-time
employee of the employer, is deemed to be engaged in work for a
month.'.
(3) SINGLE PARENT OR RELATIVE WITH CHILD UNDER AGE 6- Section
407(c)(2)(B) (42 U.S.C. 607(c)(2)(B)) is amended--
(A) in the subparagraph heading, by striking `IN WORK' each place it
appears and inserting `IN CORE WORK ACTIVITIES'; and
(B) by striking `in work' and inserting `in core work
activities'.
(4) ELIMINATION OF RECIPIENTS COMPLETING SECONDARY SCHOOL FROM LIMIT ON
NUMBER OF TANF RECIPIENTS
PARTICIPATING IN VOCATIONAL EDUCATIONAL TRAINING ; OPTION TO PERMIT UP TO
HALF OF VOCATIONAL EDUCATIONAL TRAINING CASELOAD TO CONTINUE FOR UP
TO 24 MONTHS-
(A) IN GENERAL- Section 407(c)(2)(D) (42 U.S.C. 607(c)(2)(D)) is
amended to read as follows:
`(D) LIMITATION ON NUMBER OF PERSONS WHO MAY BE TREATED AS ENGAGED IN
WORK BY REASON OF PARTICIPATION IN VOCATIONAL EDUCATIONAL
ACTIVITIES-
`(i) IN GENERAL- For purposes of determining monthly participation
rates under subsection (b)(1)(B)(i), not more than 30 percent of the
number of individuals in all families in a State who are treated as
engaged in work for a month may consist of individuals who are
determined to be engaged in work for the month by reason of
participation in vocational educational training .
`(ii) OPTION TO PERMIT 1/2 OF CERTAIN INDIVIDUALS PARTICIPATING IN
VOCATIONAL EDUCATIONAL ACTIVITIES TO CONTINUE TRAINING FOR UP TO 24 MONTHS-
Notwithstanding subsection (d)(8), a State may--
`(I) permit not more than 1/2 of the number of individuals in all
families in a State who are treated as engaged in work for the month
under clause (i) by reason of participation in vocational educational
training to participate
in such training for up
to 24 months if the State certifies that each such individual is
pursuing a certificate or degree that is likely to result if the
individual is allowed to participate in such training ; and
`(II) treat such individuals as being engaged in work for a month
for purposes of subsection (b)(1)(B)(i).'.
(B) CONFORMING AMENDMENTS-
(i) 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'.
(ii) Section 407(d)(8) (42 U.S.C. 607(d)(8)) is amended by striking
`not' and inserting `subject to subsection (c)(2)(D)(ii),
not'.
SEC. 108. INCREASE IN MANDATORY FUNDING FOR CHILD CARE.
Section 418(a)(3) (42 U.S.C. 618(a)(3)) is amended--
(1) by striking `and' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F) and inserting
a semicolon; and
(3) by adding at the end the following:
`(G) $3,717,000,000 for fiscal year 2003;
`(H) $4,117,000,000 for fiscal year 2004;
`(I) $4,417,000,000 for fiscal year 2005;
`(J) $4,617,000,000 for fiscal year 2006; and
`(K) $4,717,000,000 for fiscal year 2007.'.
SEC. 109. STATE OPTION FOR PARTICIPATION REQUIREMENT EXEMPTION FOR
INDIVIDUALS OVERCOMING BARRIERS TO WORK.
(a) IN GENERAL- Section 407(b) (42 U.S.C. 607(b)), as amended by section
102, is amended by adding at the end the following:
`(5) STATE OPTION FOR PARTICIPATION REQUIREMENT EXEMPTION FOR
INDIVIDUALS OVERCOMING BARRIERS TO WORK- A State may, at its option, not
require an individual who is addressing a barrier to work such as substance
abuse, a mental health disorder, depression, having experienced domestic
violence (as defined in section 402(a)(7)(B)), or being in need of
significant job training , to
engage in work, and may disregard such an individual in determining the
participation rate under subsection (a), for not more than 3 months during
any 24-month period.'.
(b) CONFORMING AMENDMENT- Paragraph (4) of section 407(b) (42 U.S.C.
607(b)), as redesignated by section 102(5), is amended in the paragraph
heading by striking `EXEMPTIONS' and inserting `EXEMPTION FOR SINGLE CUSTODIAL
PARENT WITH AN INFANT'.
SEC. 110. COMPETITIVE GRANTS FOR PUBLIC-PRIVATE PARTNERSHIPS FOR EDUCATIONAL
OPPORTUNITIES FOR CAREER ADVANCEMENT; STATE OPTION TO ESTABLISH PARENTS AS
SCHOLARS PROGRAM.
(a) COMPETITIVE GRANTS FOR PUBLIC-PRIVATE PARTNERSHIPS FOR EDUCATIONAL
OPPORTUNITIES FOR CAREER ADVANCEMENT-
(1) AUTHORITY TO AWARD GRANTS-
(A) IN GENERAL- The Secretary of Health and Human Services and the
Secretary of Labor (in this subsection referred to as the `Secretaries')
jointly shall award grants in accordance with the requirements of this
subsection for each fiscal year for which an amount is appropriated to
carry out this subsection for projects proposed by eligible applicants to
encourage the formation of public-private partnerships to provide
educational opportunities for individuals who receive assistance under the
temporary assistance to needy families program funded under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.) and for
individuals who have ceased to receive assistance under that
program.
(B) CRITERIA- The Secretaries shall award grants under this subsection
based on the following:
(i) The potential effectiveness of the proposed project in carrying
out the activities described in paragraph (5).
(ii) Evidence of the ability of the eligible applicant to leverage
private, State, and local resources to carry out such
activities.
(iii) Evidence of the ability of the eligible applicant to
coordinate with other organizations at the State and local level in
carrying out such activities.
(2) DEFINITION OF ELIGIBLE APPLICANT- In this subsection, the term
`eligible applicant' means--
(A) a public educational institution;
(C) a local or regional consortium that includes employers or employer
associations, education and training providers, local chambers
of commerce, or providers of social services.
(3) APPLICATION- Each eligible applicant desiring a grant under this
subsection shall submit an application to the Secretaries at such time, in
such manner, and that includes--
(A) evidence, including letters of support, demonstrating that the
applicant will work with the State in carrying out the activities
described in paragraph (5); and
(B) such other information as the Secretaries may reasonably
require.
(4) DETERMINATION OF AMOUNT OF GRANTS; AVAILABILITY OF FUNDS-
(A) IN GENERAL- In determining the appropriate amount of a grant to be
awarded under this subsection, the Secretaries shall provide an eligible
applicant with an approved application an amount sufficient to ensure that
the project has a reasonable opportunity to be successful, taking into
account--
(i) the number and characteristics of the individuals to be served
by the project;
(ii) the job opportunities and job growth in the area to be served
by the project;
(iii) the poverty rate for such area; and
(iv) such other factors as the Secretaries deem
appropriate.
(B) MAXIMUM AMOUNT- No eligible applicant shall receive a grant of
more than $5,000,000 per year.
(C) AVAILABILITY OF FUNDS- Funds provided under a grant awarded under
this subsection for a fiscal year shall remain available for use by the
eligible applicant through the end of the succeeding fiscal year.
(5) USE OF FUNDS- An eligible applicant awarded a grant under this
subsection shall enter into an agreement with the State or local agency
responsible for administering the temporary assistance to needy families
program in the area where the eligible applicant is located to provide
individuals described in paragraph (1) with--
(A) educational credits or opportunities based upon the length of the
individual's employment;
(B) educational credits or opportunities based upon the individual's
commitment to becoming employed; or
(C) education and training opportunities for career
advancement.
(A) PROJECT REPORTS- Each eligible applicant awarded a grant under
this subsection shall submit to the Secretaries such information and data
regarding the recipients participating in the project funded under such
grant and outcomes for such recipients as the Secretaries may
require.
(B) REPORT TO CONGRESS- The Secretaries shall submit annual reports to
Congress on the information and data submitted under subparagraph
(A).
(b) GRANTS TO ESTABLISH PARENTS AS SCHOLARS PROGRAMS-
(1) IN GENERAL- The Secretary of Health and Human Services may award
grants to States 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.
(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 part A of title IV of the Social Security Act (42 U.S.C. 601 et
seq.) 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.
(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- For purposes of subparagraph (A)(i), an individual
shall be considered a full-time student if such 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 a program established with a grant made under
this subsection.
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