[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 458 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 458

 To amend part A of title IV of the Social Security Act to give States 
   the option to create a program that allows individuals receiving 
  temporary assistance to needy families to obtain post-secondary or 
                 longer duration vocational education.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 18, 2005

Ms. Snowe (for herself, Mr. Baucus, Mr. Bingaman, Mr. Jeffords, and Mr. 
 Rockefeller) introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To amend part A of title IV of the Social Security Act to give States 
   the option to create a program that allows individuals receiving 
  temporary assistance to needy families to obtain post-secondary or 
                 longer duration vocational education.

    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 ``Pathways to Self-Sufficiency Act of 
2005''.

SEC. 2. AUTHORITY TO ESTABLISH UNDERGRADUATE POST-SECONDARY OR 
              VOCATIONAL EDUCATIONAL PROGRAM UNDER TANF.

    (a) State Option.--Section 404 of the Social Security Act (42 
U.S.C. 604) is amended by adding at the end the following new 
subsection:
    ``(l) Authority To Establish Undergraduate Post-Secondary or 
Vocational Educational Program.--
            ``(1) In general.--Subject to the succeeding paragraphs of 
        this subsection, a State to which a grant is made under section 
        403 may use the grant to establish a program under which an 
        eligible participant (as defined in paragraph (4)) may be 
        provided support services described in paragraph (6).
            ``(2) State plan requirement.--A State may not establish a 
        program under this subsection unless the State describes (in an 
        addendum to the State plan submitted under section 402) the 
        applicable eligibility criteria that is designed to limit 
        participation in the program to only those individuals--
                    ``(A) whose past earnings indicate that the 
                individuals cannot qualify for employment that pays 
                enough to allow them to obtain self-sufficiency (as 
                determined by the State); and
                    ``(B) for whom enrollment in the program will 
                prepare the individuals for higher-paying occupations 
                in demand in the State.
            ``(3) No federal funds for tuition.--A State may not use 
        Federal funds provided under a grant made under section 403 to 
        pay tuition for an eligible participant.
            ``(4) 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 in a 
                        postsecondary 2- or 4-year degree program or in 
                        a vocational educational training program.
                            ``(ii) During the first 24 months that the 
                        individual participates in the program, the 
                        individual engages in a combination of 
                        educational activities in connection with a 
                        course of study, training, study time, 
                        employment, or work experience for an average 
                        of not less than 24 hours per week.
                            ``(iii) After the first 24 months of the 
                        individual's participation in the program, the 
                        individual--
                                    ``(I) works not less than an 
                                average of 15 hours per week (in 
                                addition to school and study time); or
                                    ``(II) engages in a combination of 
                                educational activities in connection 
                                with a course of study, training, study 
                                time, employment, or work experience 
                                for an average of not less than 30 
                                hours per week.
                            ``(iv) During the period the individual 
                        participates in the program, the individual 
                        maintains satisfactory academic progress, as 
                        defined by the institution operating the 
                        undergraduate post-secondary or vocational 
                        educational program in which the individual is 
                        enrolled.
                    ``(B) Determination of hours.--For purposes of 
                determining hours per week under clause (ii) or (iii) 
                of subparagraph (A), a State may not count study time 
                of less than 1 hour for every hour of class time or 
                more than 2 hours for every hour of class time.
            ``(5) Required time periods for completion of degree or 
        vocational educational training program.--
                    ``(A) In general.--Subject to subparagraph (B), an 
                individual participating in a program established under 
                this subsection shall be required to complete the 
                requirements of a degree or vocational educational 
                training program within the normal time frame for full 
                time students seeking the particular degree or 
                completing the vocational educational training program.
                    ``(B) Exception.--For good cause, the State may 
                allow an individual to complete their degree 
                requirements or vocational educational training program 
                within a period not to exceed 1\1/2\ times the normal 
                time frame established under subparagraph (A) (unless 
                further modification is required by the Americans with 
                Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or 
                section 504 of the Rehabilitation Act of 1973 (29 
                U.S.C. 794)) and may modify the requirements applicable 
                to an individual participating in the program. For 
                purposes of the preceding sentence, good cause includes 
                the case of an individual with 1 or more significant 
                barriers to normal participation, as determined by the 
                State, such as the need to care for a family member 
                with special needs.
            ``(6) 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.
                    ``(B) Transportation services.
                    ``(C) Payment for books and supplies.
                    ``(D) Other services provided under policies 
                determined by the State to ensure coordination and lack 
                of duplication with other programs available to provide 
                support services.''.
    (b) State Option To Include Participants As Engaged in Work.--
            (1) In general.--Section 407(c)(2) of the Social Security 
        Act (42 U.S.C. 607(c)(2)) is amended by adding at the end the 
        following:
                    ``(E) State option to include participants as 
                engaged in work.--
                            ``(i) In general.--Subject to clause (ii), 
                        in the case of a State that elects to establish 
                        an undergraduate post-secondary or vocational 
                        education program under section 404(l), the 
                        State may include, for purposes of determining 
                        monthly participation rates under paragraphs 
                        (1)(B)(i) and (2)(B) of subsection (b), all 
                        families that include an individual 
                        participating in the program during the month 
                        as being engaged in work for the month, so long 
                        as each such individual is in compliance with 
                        the requirements of that program.
                            ``(ii) Limitation.--With respect to a 
                        month, the number of families counted as being 
                        engaged in work under clause (i) may not exceed 
                        the amount equal to 10 percent of the number of 
                        families receiving assistance under the State 
                        program funded under this part for the 
                        month.''.
            (2) Conforming amendments.--
                    (A) Section 407(c)(2)(D) of the Social Security Act 
                (42 U.S.C. 607(c)(2)(D)) is amended--
                            (i) in the heading, by inserting 
                        ``certain'' after ``participation in''; and
                            (ii) by inserting ``(determined without 
                        regard to individuals participating in a 
                        program referred to in subparagraph (E)(i))'' 
                        after ``training''.
                    (B) Section 407(d)(8) of the Social Security Act 
                (42 U.S.C. 607(d)(8)) is amended by inserting ``other 
                than an individual participating in a program that 
                meets the requirements of section 404(l)'' after 
                ``individual''.
    (c) State Option To Credit Months of Participation For Purposes of 
5-Year Assistance 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) Credit for months participating in a pathways 
                to self-sufficiency program.--In determining the number 
                of months for which an adult has received assistance 
                under a State program funded under this part, the State 
                may disregard any month during which the adult is a 
                participant in a program that meets the requirements of 
                section 404(l).''.
    (d) Effective Date.--The amendments made by this section take 
effect on October 1, 2005.
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