[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4210 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4210

 To reauthorize and improve the program of block grants to States for 
                temporary assistance for needy families.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 11, 2002

  Mrs. Roukema (for herself and Mr. Tierney) introduced the following 
      bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
 To reauthorize and improve the program of block grants to States for 
                temporary assistance for needy families.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Working From Poverty to Promise Act 
of 2002''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                       TITLE I--POVERTY REDUCTION

Sec. 101. Modification of a purpose of the program.
Sec. 102. States required to include poverty reduction plan in annual 
                            State plan.
Sec. 103. States required to identify barriers to employment of 
                            recipients and develop and revise self-
                            sufficiency plans.
             TITLE II--ACHIEVING LONG TERM SELF-SUFFICIENCY

                   Subtitle A--Education and Training

Sec. 201. Elimination of limitation on participation in education and 
                            training activities.
Sec. 202. Limited participation in vocational or educational training 
                            (including postsecondary education), work-
                            study, and related internships as allowable 
                            work activities.
   Subtitle B--Encouraging States to Meet the Needs of Employers and 
                                Workers

Sec. 251. State plan required to include certification that the State 
                            will assess its regional economies and 
                            provide information to local political 
                            subdivisions.
Sec. 252. Assessment of State economies to identify higher-entry level 
                            wage opportunities in industries 
                            experiencing labor shortages.
Sec. 253. Economic opportunity and accountability bonus.
                         TITLE III--TIME LIMITS

Sec. 301. Effect of wage subsidies on 5-year limit.
Sec. 302. Improving hardship exception to 5-year limit on assistance.
Sec. 303. Requirement that States have case management plan for 
                            hardship clients with multiple barriers to 
                            employment.
                           TITLE IV--FUNDING

Sec. 401. Inflation adjustment of family assistance grants.
Sec. 402. Inflation adjustment of maintenance of effort requirement.
                            TITLE V--WAIVERS

Sec. 501. Continuation of waivers.
                        TITLE VI--EFFECTIVE DATE

Sec. 601. Effective date.

                       TITLE I--POVERTY REDUCTION

SEC. 101. MODIFICATION OF A PURPOSE OF THE PROGRAM.

    Section 401(a)(1) of the Social Security Act (42 U.S.C. 601(a)(1)) 
is amended to read as follows:
            ``(1) provide assistance to needy families to reduce the 
        extent and severity of poverty in families with children;''.

SEC. 102. STATES REQUIRED TO INCLUDE POVERTY REDUCTION PLAN IN ANNUAL 
              STATE PLAN.

    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 following:
                            ``(vii) Establish goals and take action to 
                        reduce the extent and severity of poverty 
                        experienced by families seeking assistance.''.

SEC. 103. STATES REQUIRED TO IDENTIFY BARRIERS TO EMPLOYMENT OF 
              RECIPIENTS AND DEVELOP AND REVISE SELF-SUFFICIENCY PLANS.

    (a) In General.--Section 408(b) of the Social Security Act (42 
U.S.C. 608(b)) is amended--
            (1) in the subsection heading, by striking ``Individual 
        Responsibility'' and inserting ``Self-Sufficiency'';
            (2) in paragraph (1), by inserting ``(including any 
        barriers to employment)'' after ``employability'';
            (3) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) in the matter preceding clause (i)--
                                    (I) by striking ``may'' and 
                                inserting ``shall''; and
                                    (II) by striking ``individual 
                                responsibility'' and inserting ``self-
                                sufficiency'';
                            (ii) in clause (i), by striking 
                        ``immediately''; and
                            (iii) in clause (ii), by inserting ``self-
                        sufficient'' before ``and remain employed'';
                    (B) in subparagraph (B)--
                            (i) in clause (i), by striking ``(or, at 
                        the option of the State, 180 days)''; and
                            (ii) in clause (ii), by striking ``30 days 
                        (or, at the option of the State, 90 days)'' and 
                        inserting ``60 days''; and
                    (C) by adding at the end the following:
                    ``(C) Revision of plan.--The State agency shall 
                reassess the matters described in paragraph (1) with 
                respect to an individual who has signed a self-
                sufficiency plan developed pursuant to this subsection 
                and, in consultation with the individual, shall develop 
                a revised self-sufficiency plan for the individual, 
                if--
                            ``(i) the individual has good cause for 
                        failing to comply with the plan; or
                            ``(ii) the State agency otherwise 
                        determines that the plan is not appropriate for 
                        the individual.'';
            (4) in paragraph (3)--
                    (A) by striking ``may'' and inserting ``shall'';
                    (B) by striking ``individual responsibility'' and 
                inserting ``self-sufficiency''; and
            (5) by striking paragraph (4).
    (b) Penalty for Failure of State To Assess Employability or 
Barriers to Employment, or Develop Self-Sufficiency Plan.--Section 
409(a) of such Act (42 U.S.C. 609(a)) is amended by adding at the end 
the following:
            ``(13) Failure to assess employability or barriers to 
        employment, or develop self-sufficiency plan.--If the Secretary 
        determines that a State has not complied with paragraph (1) or 
        (2) of section 408(b) during a 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 equal 
        to not more than 5 percent of the State family assistance 
        grant.''.

             TITLE II--ACHIEVING LONG TERM SELF-SUFFICIENCY

                   Subtitle A--Education and Training

SEC. 201. ELIMINATION OF LIMITATION ON PARTICIPATION IN EDUCATION AND 
              TRAINING ACTIVITIES.

    Section 407(c)(2) of the Social Security Act (42 U.S.C. 607(c)(2)) 
is amended by striking subparagraph (D).

SEC. 202. LIMITED PARTICIPATION IN VOCATIONAL OR EDUCATIONAL TRAINING 
              (INCLUDING POSTSECONDARY EDUCATION), WORK-STUDY, AND 
              RELATED INTERNSHIPS AS ALLOWABLE WORK ACTIVITIES.

    (a) In General.--Section 407(d) of the Social Security Act (42 
U.S.C. 607(d)(8)) is amended--
            (1) by redesignating paragraphs (9) through (12) as 
        paragraphs (11) through (14), respectively; and
            (2) by striking paragraph (8) and inserting the following:
            ``(8) participation in vocational training or educational 
        training (including postsecondary education), at an eligible 
        educational institution (as defined in section 404(h)(5)(A)) 
        leading to attainment of a credential from the institution;
            ``(9) participation in a State or Federal work-study 
        program under part C of title IV of the Higher Education Act of 
        1965 or an internship related to vocational or postsecondary 
        education, supervised by an eligible educational institution 
        (as defined in section 404(h)(5)(A));
            ``(10) occupational training leading to employment;''.
    (b) Limitations.--Section 407(c)(2) of such Act (42 U.S.C. 
607(c)(2)) is amended by adding at the end the following:
                    ``(D) Length of time for which participation in 
                vocational or educational training (including 
                postsecondary education) counts as work.--
                Notwithstanding paragraph (1) of this subsection, an 
                individual who has been determined under a State 
                program funded under this part to be engaged in work 
                for 24 months by virtue of participation in 1 or more 
                activities described in subsection (d)(8) shall not be 
                considered to be engaged in work by virtue of 
                participation in any such activity--
                            ``(i) for more than 16 hours per week 
                        during any subsequent period of 24 months 
                        (whether or not consecutive) in which the 
                        individual is participating in vocational 
                        training or educational training (including 
                        postsecondary education) at an eligible 
                        educational institution (as defined in section 
                        404(h)(5)(A)) leading to attainment of a 
                        credential from the institution; or
                            ``(ii) for any period thereafter.''.
    (c) Conforming Amendments.--Section 407(c)(1) of such Act (42 
U.S.C. 607(c)(1)) is amended in each of subparagraphs (A), (B)(i), and 
(B)(ii), by striking ``or (12)'' and inserting ``(9), (10), or (14)''.

   Subtitle B--Encouraging States to Meet the Needs of Employers and 
                                Workers

SEC. 251. STATE PLAN REQUIRED TO INCLUDE CERTIFICATION THAT THE STATE 
              WILL ASSESS ITS REGIONAL ECONOMIES AND PROVIDE 
              INFORMATION TO LOCAL POLITICAL SUBDIVISIONS.

    Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is 
amended by redesignating paragraph (7) as paragraph (8) and inserting 
after paragraph (6) the following:
            ``(7) Certification that the State will assess its economy 
        and share the results with its political subdivisions.--A 
        certification by the chief executive officer of the State that, 
        during the fiscal year, the State will provide for the conduct 
        of an assessment of the economy of the State in accordance with 
        section 411(b)(1), and share the results of the assessment with 
        the governments of the political subdivisions of the State.''.

SEC. 252. ASSESSMENT OF STATE ECONOMIES TO IDENTIFY HIGHER-ENTRY LEVEL 
              WAGE OPPORTUNITIES IN INDUSTRIES EXPERIENCING LABOR 
              SHORTAGES.

    (a) In General.--Section 411 of the Social Security Act (42 U.S.C. 
611) is amended by redesignating subsection (b) as subsection (c) and 
inserting after subsection (a) the following:
    ``(b) Assessment of State Economies To Identify Higher-Entry Level 
Wage Opportunities in Industries Experiencing Labor Shortages.--
            ``(1) In general.--Within 1 year after the date of the 
        enactment of this subsection and every 2 years thereafter, each 
        eligible State shall provide for the conduct of an assessment 
(directly or through the collection of information obtained by other 
sources) of the economy of the State, which is designed to identify any 
area in the State in which there is an industry that is experiencing a 
labor shortage and that offers entry-level employment opportunities 
paying wages at a rate greater than the minimum wage rate in effect 
under section 6 of the Fair Labor Standards Act of 1938, which shall 
include the following:
                    ``(A) Labor market.--The assessment shall--
                            ``(i) identify any industry or occupation 
                        that is growing or that expects growth, has 
                        lost or expects to lose skilled workers, or 
                        that has or expects to have a shortage of 
                        workers;
                            ``(ii) identify the entry-level education 
                        and skills requirements for any such industry 
                        or occupation; and
                            ``(iii) analyze the entry-level wages and 
                        benefits provided in any such industry or 
                        occupation.
                    ``(B) Profile of job seekers.--The assessment shall 
                create a profile of the characteristics of the 
                unemployed and underemployed residents of the State, 
                including educational attainment, barriers to 
                employment, geographic concentrations, and access to 
                needed support services.
                    ``(C) Education and training infrastructure.--The 
                assessment shall create a profile of the education, 
                training, and support services in place in the State to 
                prepare individuals for employment in any industry or 
                occupation identified under subparagraph (A).
                    ``(D) Aligning industries and job seeker needs.--
                The assessment shall compare the characteristics of 
                each industry or occupation identified under 
                subparagraph (A) with the profiles created under 
                subparagraphs (B) and (C).
            ``(2) Sharing of information with local governments.--The 
        State shall share with the governments of the political 
        subdivisions of the State any information gleaned by an 
        assessment conducted pursuant to this subsection regarding--
                    ``(A) the existence of any industry described in 
                paragraph (1); or
                    ``(B) opportunities for collaboration with 
                institutions of higher education, community-based 
                organizations, and economic development and welfare 
                agencies.
            ``(3) Reports of assessment of regional economies.--An 
        eligible State shall submit to the Secretary a written report 
        that contains the results of any assessment conducted under 
        paragraph (1).''.
    (b) Technical Assistance.--Section 413 of such Act (42 U.S.C. 613) 
is amended by adding at the end the following:
    ``(k) Technical Assistance in Assessing Regional Economies.--
            ``(1) In general.--The Secretary may provide technical 
        assistance for the purpose of assisting States in complying 
        with section 411(b).
            ``(2) Limitations on authorization of appropriations.--To 
        carry out paragraph (1), there are authorized to be 
        appropriated to the Secretary not more than $1,500,000 for each 
        fiscal year.''.

SEC. 253. ECONOMIC OPPORTUNITY AND ACCOUNTABILITY BONUS.

    Section 403(a) of the Social Security Act (42 U.S.C. 603(a)) is 
amended by adding at the end the following:
            ``(6) Bonus to reward states for economic opportunity 
        accountability.--
                    ``(A) In general.--The Secretary shall make a grant 
                to the eligible States to which the Secretary has 
                assigned the 5 greatest scores in providing economic 
                opportunity and accountability for a fiscal year, based 
                on training, placing, and retaining welfare leavers in 
                employment identified in an assessment conducted under 
                section 411(b).
                    ``(B) Scoring.--The Secretary shall devise a system 
                for assigning scores to States under subparagraph (A).
                    ``(C) Appropriation.--Out of any money in the 
                Treasury of the United States not otherwise 
                appropriated, there are appropriated $150,000,000 for 
                each fiscal year for grants under this paragraph.''.

                         TITLE III--TIME LIMITS

SEC. 301. EFFECT OF WAGE SUBSIDIES ON 5-YEAR LIMIT.

    Section 408(a)(7) of the Social Security Act (42 U.S.C. 608(a)(7)) 
is amended by adding at the end the following:
                    ``(H) Limitation on meaning of `assistance' for 
                families with income from employment.--For purposes of 
                this paragraph, a benefit or service provided to a 
                family during a month under the State program funded 
                under this part shall not be considered assistance 
                under the program if, during the month, the family 
                includes an adult or a minor child head of household 
                who has received at least such amount of income from 
                employment as the State may establish.''.

SEC. 302. IMPROVING HARDSHIP EXCEPTION TO 5-YEAR LIMIT ON ASSISTANCE.

    (a) Authority To Provide Further Exemptions.--Section 
408(a)(7)(C)(ii) of the Social Security Act (42 U.S.C. 
608(a)(7)(C)(ii)) is amended by adding at the end the following: ``, 
except as otherwise provided in a State plan provision that has been 
approved by the Secretary''.
    (b) Clarification of Scope of Hardship Exception.--Section 
408(a)(7)(C)(i) of such Act (42 U.S.C. 608(a)(7)(C)(i)) is amended by 
inserting ``(as defined by the State in a manner that includes mental 
illness and disability that is not sufficient to make the sufferer 
eligible for supplemental security income benefits under title XVI)'' 
after ``hardship''.

SEC. 303. REQUIREMENT THAT STATES HAVE CASE MANAGEMENT PLAN FOR 
              HARDSHIP CLIENTS WITH MULTIPLE BARRIERS TO EMPLOYMENT.

    Section 402(a)(1)(B) of the Social Security Act (42 U.S.C. 
602(a)(1)(B)) is amended by adding at the end the following:
                            ``(v) Establish a plan to provide 
                        appropriate case management planning and 
                        services for individuals who have a hardship 
                        defined under section 408(a)(7)(C)(i) and have 
                        multiple barriers to employment.''.

                           TITLE IV--FUNDING

SEC. 401. INFLATION ADJUSTMENT OF FAMILY ASSISTANCE GRANTS.

    (a) In General.--Section 403(a)(1)(A) of the Social Security Act 
(42 U.S.C. 603(a)(1)(A)) is amended by striking ``of fiscal years 
1996'' and all that follows through ``2002'' and inserting ``fiscal 
year''.
    (b) Inflation Adjustment.--Section 403(a)(1) of such Act (42 U.S.C. 
603(a)(1)) is amended--
            (1) in subparagraph (B)--
                    (A) by striking ``means the greatest of--'' and 
                inserting ``means, with respect to a fiscal year 
                referred to in subparagraph (A) of this paragraph--
                            ``(i) the greatest of--'';
                    (B) by redesignating each of clauses (i), (ii)(I), 
                (ii)(II), and (iii) as subclauses (I), (II)(aa), 
                (II)(bb), and (III), respectively;
                    (C) by indenting each of the provisions specified 
                in subparagraph (B) of this paragraph 2 additional ems 
                to the right;
                    (D) by striking the period and inserting ``; 
                multiplied by''; and
                    (E) by adding at the end the following:
                            ``(ii) 1.00, plus the inflation percentage 
                        (as defined in subparagraph (F) of this 
                        paragraph) in effect for the fiscal year 
                        referred to in subparagraph (A) of this 
                        paragraph.''; and
            (2) by adding at the end the following:
                    ``(F) Inflation percentage.--For purposes of 
                subparagraph (B) of this paragraph, the inflation 
                percentage applicable to a fiscal year is the 
                percentage (if any) by which--
                            ``(i) the average of the Consumer Price 
                        Index (as defined in section 1(f)(5) of the 
                        Internal Revenue Code of 1986) for the 12-month 
                        period ending on September 30 of the 
                        immediately preceding fiscal year; exceeds
                            ``(ii) the average of the Consumer Price 
                        Index (as so defined) for the 12-month period 
                        ending on September 30, 2001.''.

SEC. 402. INFLATION ADJUSTMENT OF MAINTENANCE OF EFFORT REQUIREMENT.

    Section 409(a)(7) of the Social Security Act (42 U.S.C. 609(a)(7)) 
is amended--
            (1) in subparagraph (A), by inserting ``inflation-
        adjusted'' before ``historic State expenditures''; and
            (2) in subparagraph (B), by adding at the end the 
        following:
                            ``(vi) Inflation-adjusted historic state 
                        expenditures.--The term `inflation-adjusted 
                        historic State expenditures' means, with 
                        respect to a fiscal year, historic State 
                        expenditures with respect to the fiscal year, 
                        multiplied by the sum of 1.00 plus the 
                        inflation percentage (as defined in section 
                        403(a)(2)(F)) in effect for the fiscal year.''.

                            TITLE V--WAIVERS

SEC. 501. CONTINUATION OF WAIVERS.

    Section 415 of the Social Security Act (42 U.S.C. 615) is amended 
by adding at the end the following:
    ``(e) Continuation of Waivers Approved Before July 1, 1997.--
Notwithstanding paragraphs (1)(A) and (2)(A) of subsection (a), a State 
that has operated under a waiver described in subsection (a) which 
would otherwise expire on a date in the period that begins on January 
1, 2002, and ends on September 30, 2007, may continue to operate under 
the waiver, on the same terms and conditions as applied to the waiver 
on the day before such otherwise occurring expiration date, through 
September 30, 2007.''.

                        TITLE V--EFFECTIVE DATE

SEC. 601. EFFECTIVE DATE.

    This Act shall take effect on October 1, 2002.
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