[Congressional Record Volume 148, Number 67 (Wednesday, May 22, 2002)]
[Senate]
[Pages S4720-S4721]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself and Mr. Wellstone):
  S. 2548. A bill to amend the temporary assistance to needy families 
program under part A of title IV of the Social Security Act to improve 
the provision of education and job training under that program, and for 
other purposes; to the Committee on Finance.
  Mr. BINGAMAN. Mr. President, I rise today to introduce the Education 
Works Act.
  In 1996, legislation was passed which made major changes to our 
welfare laws. Since then, we know that the welfare rolls in most States 
have dramatically decreased. But reforming welfare is not just about 
reducing welfare rolls; welfare reform must ultimately be about helping 
poor individuals achieve self-sufficiency. While many have left welfare 
for work during the past several years, too many have been left behind 
because they don't have a high school degree, have little or no work 
history, have health problems, are in abusive relationships, or are 
dealing with other circumstances that make it difficult to work. In 
addition, those who have secured work are working at low wages with 
limited benefits. These parents experience little earning growth over 
time, because there are limited opportunities for mobility for those 
with low skill levels. As we move forward with the reauthorization 
process, we must do more to support state efforts to help these people 
find work and to ensure that all individuals leaving welfare are moving 
to employment that will provide long-term financial independence. The 
Education Works Act will do just that.
  We know that the welfare programs that have been most successful in 
helping parents work and earn more over the long run are those that 
have focused on employment but made substantial use of education and 
training, together with job search and other employment services. In 
addition, studies find that helping low-income parents increase their 
skills pays off in the labor market, particularly through participation 
in vocational training and postsecondary education and training.
  Yet, less than one percent of Federal TANF funds were spent on 
education and training in 2000 and only five percent of TANF recipients 
participated in these activities in the same year. This is due in large 
part to the fact that the '96 law discouraged States from allowing 
welfare recipients to participate in education and training programs. 
Specifically, the law limits the extent to which education activities 
count toward Federal work participation requirements, effectively 
restricting how long individuals can participate in training and 
capping how many individuals can receive these services.
  The Education Works Act would change this by: clarifying that States 
have the flexibility to allow participation in postsecondary, 
vocational English as a Second Language, and basic adult education 
programs by TANF recipients as part of the TANF work requirements; 
giving States the flexibility to determine how long each participant 
may participate in education and training activities while receiving 
benefits; giving States the flexibility to provide childcare and 
transportation supports, but not cash benefits, to parents and not toll 
the 5 year time limit for these individuals if they are participating 
in a full-time education program that will lead to work and long-term 
independence; and eliminating the 30 percent cap on the number of TANF 
recipients that can participate in education and training programs in 
fulfillment of their work requirements
  These are not radical changes. They do not discourage work, but 
rather enable it.
  It is important to note that of the 21 States that have operated 
under TANF waivers since 1996, 18 of them had waivers of the 
requirements we are talking about here. Delaware, Indiana, Montana, 
Tennesee, Texas, Utah, Vermont and Oregon to name a few. The other 32 
States should be given the same flexibility.
  In my home State, we have recognized the important role that 
education and training, including postsecondary education, can play in 
helping some welfare recipients to improve their skills so that they 
can get off welfare and stay off welfare. In our State, we already have 
an ``Education Works'' program in place. But this program is limited to 
only 400 participants statewide, because the limitations in the TANF 
program make it impossible to use Federal TANF funds to implement it. 
This just doesn't make sense to me. We should give states the 
flexibility they need to implement the

[[Page S4721]]

types of programs that they believe work best. We should hold them 
accountable for decreasing caseloads over time and, more importantly, 
demonstrating that those leaving welfare are economically self-
sufficient, but we should let them decide how to reach those goals. The 
Education Works Act would allow them to do just that. I urge my 
colleagues to support this legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2548

       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 ``Education Works Act of 
     2002''.

     SEC. 2. COUNTING EDUCATION AND TRAINING AS WORK.

       Section 407(d)(8) of the Social Security Act (42 U.S.C. 
     607(d)(8)) is amended to read as follows:
       ``(8) participation in vocational educational training, 
     postsecondary education, an English-as-a-second-language 
     program, or an adult basic education program;''.

     SEC. 3. ELIMINATION OF LIMIT ON NUMBER OF TANF RECIPIENTS 
                   ENROLLED IN VOCATIONAL EDUCATION OR HIGH SCHOOL 
                   WHO MAY BE COUNTED TOWARDS THE WORK 
                   PARTICIPATION REQUIREMENT.

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

     SEC. 4. NONAPPLICATION OF TIME LIMIT TO INDIVIDUALS WHO DO 
                   NOT RECEIVE CASH ASSISTANCE AND ARE ENGAGED IN 
                   EDUCATION OR EMPLOYMENT.

       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 certain 
     individuals.--For purposes of this paragraph, child care or 
     transportation benefits provided during a month under the 
     State program funded under this part to an individual who is 
     participating in a full-time educational program or who is 
     employed shall not be considered assistance under the State 
     program.''.

     SEC. 6. EFFECTIVE DATE.

       (a) In General.--Except as otherwise provided in this Act, 
     the amendments made by this Act shall take effect on October 
     1, 2002, and shall apply to payments made under part A of 
     title IV of the Social Security Act for calendar quarters 
     beginning on or after such date, without regard to whether 
     regulations to implement the amendments are promulgated by 
     such date.
       (b) Delay Permitted if State Legislation Required.--In the 
     case of a State plan under section 402(a) of the Social 
     Security Act which the Secretary of Health and Human Services 
     determines requires State legislation (other than legislation 
     appropriating funds) in order for the plan to meet the 
     additional requirements imposed by the amendments made by 
     this Act, the State plan shall not be regarded as failing to 
     comply with the requirements of such section 402(a) solely on 
     the basis of the failure of the plan to meet such additional 
     requirements before the 1st day of the 1st calendar quarter 
     beginning after the close of the 1st regular session of the 
     State legislature that begins after the date of enactment of 
     this Act. For purposes of the previous sentence, in the case 
     of a State that has a 2-year legislative session, each year 
     of such session shall be deemed to be a separate regular 
     session of the State legislature.
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