S 1523 IS

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.

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

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.

END