[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1523 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1523
To amend part A of title IV of the Social Security Act to allow a State
to treat an individual with a disability, including a substance abuse
problem, who is participating in rehabilitation services and who is
increasing participation in core work activities as being engaged in
work for purposes of the temporary assistance for needy families
program, and to allow a State to count as a work activity under that
program certain care provided to a child with a physical or mental
impairment or an adult dependent for care with a physical or mental
impairment.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31 (legislative day, July 21), 2003
Mr. Smith (for himself, Mr. Jeffords, and Mr. Conrad) 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 allow a State
to treat an individual with a disability, including a substance abuse
problem, who is participating in rehabilitation services and who is
increasing participation in core work activities as being engaged in
work for purposes of the temporary assistance for needy families
program, and to allow a State to count as a work activity under that
program certain care provided to a child with a physical or mental
impairment or an adult dependent for care with a physical or mental
impairment.
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 Independence Act of
2003''.
SEC. 2. STATE OPTION TO COUNT REHABILITATION SERVICES FOR CERTAIN
INDIVIDUALS AS WORK FOR PURPOSES OF THE TEMPORARY
ASSISTANCE FOR NEEDY FAMILIES PROGRAM.
(a) 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 treat an individual with a
disability, including a substance abuse problem, who is
participating in rehabilitation services as being
engaged in work.--
``(i) Initial 3-month period.--Subject to
clauses (ii) and (iii), for purposes of
determining monthly participation rates under
paragraphs (1)(B)(i) and (2)(B) of subsection
(b), a State may deem an individual described
in clause (iv) as being engaged in work for not
more than 3 months in any 24-month period.
``(ii) Additional 3-month period.--A State
may extend the 3-month period under clause (i)
for an additional 3 months only if, during such
additional 3-month period, the individual
engages in a work activity described in
subsection (d) for such number of hours per
month as the State determines appropriate.
``(iii) Succeeding months.--
``(I) Credit for individuals
participating in work activities and
rehabilitation services.--If a State
has deemed an individual described in
clause (iv) as being engaged in work
for 6 months in accordance with clauses
(i) and (ii), and the State determines
that the individual is unable to
satisfy the work requirement under the
State program funded under this part
that applies to the individual without
regard to this subparagraph because of
the individual's disability, including
a substance abuse problem, the State
shall receive the credit determined
under subclause (II) toward the monthly
participation rate for the State.
``(II) Determination of credit.--
For purposes of subclause (I), the
credit the State shall receive under
that subclause is, with respect to a
month, the lesser of--
``(aa) the sum of the
number of hours the individual
participates in an activity
described in paragraph (1),
(2), (3), (4), (5), (6), (7),
(8), or (12) of subsection (d)
for the month and the number of
hours that the individual
participates in rehabilitation
services under this
subparagraph for the month; or
``(bb) twice the number of
hours the individual
participates in an activity
described in paragraph (1),
(2), (3), (4), (5), (6), (7),
(8), or (12) of subsection (d)
for the month.
``(iv) Individual described.--For purposes
of this subparagraph, an individual described
in this clause is an individual who the State
has determined has a disability, including a
substance abuse problem, and would benefit from
participating in rehabilitative services.
``(v) Definition of disability.--In this
subparagraph, the term `disability' means--
``(I) a physical or mental
impairment that constitutes or results
in a substantial impediment to
employment; or
``(II) a physical or mental
impairment that substantially limits 1
or more major life activities.''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on October 1, 2003.
SEC. 3. STATE OPTION TO COUNT CARING FOR A CHILD OR ADULT DEPENDENT FOR
CARE WITH A PHYSICAL OR MENTAL IMPAIRMENT AS MEETING ALL
OR PART OF THE WORK REQUIREMENT.
(a) In General.--Section 407(c)(2) of the Social Security Act (42
U.S.C. 607(c)(2)), as amended by section 2, is amended by adding at the
end the following:
``(F) Recipient caring for a child or adult
dependent for care with a physical or mental impairment
deemed to be meeting all or part of a family's work
participation requirements for a month.--
``(i) In general.--Subject to clause (ii),
for purposes of determining monthly
participation rates under paragraphs (1)(B)(i)
and (2)(B) of subsection (b), a State may count
the number of hours per week that a recipient
engages in providing substantial ongoing care
for a child or adult dependent for care with a
physical or mental impairment if the State
determines that--
``(I) the child or adult dependent
for care has been verified through a
medically acceptable clinical or
laboratory diagnostic technique as
having a significant physical or mental
impairment or combination of
impairments and as a result of that
impairment, it is necessary that the
child or adult dependent for care have
substantial ongoing care;
``(II) the recipient providing such
care is the most appropriate means, as
determined by the State, by which the
care can be provided to the child or
adult dependent for care;
``(III) for each month in which
this subparagraph applies to the
recipient, the recipient is in
compliance with the requirements of the
recipient's self-sufficiency plan; and
``(IV) the recipient is unable to
participate fully in work activities,
after consideration of whether there
are supports accessible and available
to the family for the care of the child
or adult dependent for care.
``(ii) Total number of hours limited to
being counted as 1 family.--In no event may a
family that includes a recipient to which
clause (i) applies be counted as more than 1
family for purposes of determining monthly
participation rates under paragraphs (1)(B)(i)
and (2)(B) of subsection (b).
``(iii) State requirements.--In the case of
a recipient to which clause (i) applies, the
State shall--
``(I) conduct regular, periodic
evaluations of the recipient's family;
and
``(II) include as part of the
recipient's self-sufficiency plan,
regular updates on what special needs
of the child or the adult dependent for
care, including substantial ongoing
care, could be accommodated either by
individuals other than the recipient or
outside of the home.
``(iv) 2-parent families.--
``(I) In general.--If a parent in a
2-parent family is caring for a child
or adult dependent for care with a
physical or mental impairment--
``(aa) the State may treat
the family as a 1-parent family
for purposes of determining
monthly participation rates
under paragraphs (1)(B)(i) and
(2)(B) of subsection (b); and
``(bb) the State may not
count any hours of care for the
child or adult dependent for
care for purposes of
determining such rates.
``(II) Special rule.--If the adult
dependent for care in a 2-parent family
is 1 of the parents and the State has
complied with the requirements of
clause (iii), the State may count the
number of hours per week that a
recipient engages in providing
substantial ongoing care for that adult
dependent for care.
``(v) Rule of construction.--Nothing in
this subparagraph shall be construed as
prohibiting a State from including in a
recipient's self-sufficiency plan a requirement
to engage in work activities described in
subsection (d).''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on October 1, 2003.
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