II 

109TH CONGRESS 

1ST SESSION S. 456 

To amend part A of title IV of the Social Security Act to permit a State 

to receive credit towards the work requirements under the temporary 

assistance for needy families program for recipients who are determined 

by appropriate agencies working in coordination to have a disability 

and to be in need of specialized activities. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 17, 2005 

Mr. SMITH (for himself, Mr. JEFFORDS, Mr. CHAFEE, Mr. ROCKEFELLER, 

and Ms. COLLINS) 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 permit a State to receive credit towards the work 

requirements under the temporary assistance for needy 

families program for recipients who are determined by 

appropriate agencies working in coordination to have a 

disability and to be in need of specialized activities. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pathways to Independ5 ence Act of 2005’’. 
2 

•S 456 IS 

1 SEC. 2. STATE OPTION TO RECEIVE CREDIT FOR RECIPI2 ENTS WHO ARE DETERMINED BY APPRO3 PRIATE AGENCIES WORKING IN COORDINA4 TION TO HAVE A DISABILITY AND TO BE IN 

5 NEED OF SPECIALIZED ACTIVITIES. 

6 (a) IN GENERAL.—Section 407(c)(2) of the Social 

7 Security Act (42 U.S.C. 607(c)(2)) is amended by adding 

8 at the end the following: 

9 ‘‘(E) STATE OPTION TO RECEIVE CREDIT

10 FOR RECIPIENTS WHO ARE DETERMINED BY

11 APPROPRIATE AGENCIES WORKING IN COORDI12 NATION TO HAVE A DISABILITY AND TO BE IN

13 NEED OF SPECIALIZED ACTIVITIES.— 

14 ‘‘(i) INITIAL 3-MONTH PERIOD.—At 

15 the option of the State, if the State agency 

16 responsible for administering the State 

17 program funded under this part deter18 mines that an individual described in 

19 clause (iv) is not able to meet the State’s 

20 full work requirements, but is engaged in 

21 activities prescribed by the State, the State 

22 may deem the individual as being engaged 

23 in work for purposes of determining 

24 monthly participation rates under para25 graphs (1)(B)(i) and (2)(B) of subsection 
3 

•S 456 IS 

1 (b) for not more than 3 months in any 24- 

2 month period. 

3 ‘‘(ii) ADDITIONAL 3-MONTH PE4 RIOD.—A State may extend the 3-month 

5 period under clause (i) for an additional 3 

6 months only if, during such additional 3- 

7 month period, the individual engages in re8 habilitative services prescribed by the State 

9 and a work activity described in subsection 

10 (d) for such number of hours per month as 

11 the State determines appropriate. 

12 ‘‘(iii) RULES FOR CREDIT IN SUC13 CEEDING MONTHS.— 

14 ‘‘(I) IN GENERAL.— If the State 

15 agency responsible for administering 

16 the State program funded under this 

17 part works in collaboration or has a 

18 referral relationship with other gov19 ernmental or private agencies with ex20 pertise in disability determinations or 

21 appropriate services plans for adults 

22 with disabilities (including agencies 

23 that receive funds under this part) 

24 and one of these entities determines 

25 that an individual treated as being en-
4 

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1 gaged in work under clauses (i) and 

2 (ii) continues to be unable to meet the 

3 State’s full work requirements because 

4 of the individual’s disability and con5 tinuing need for rehabilitative services 

6 after the conclusion of the periods ap7 plicable under such clauses, then for 

8 purposes of determining monthly par9 ticipation rates under paragraphs 

10 (1)(B)(i) and (2)(B) of subsection (b), 

11 the State may receive credit in accord12 ance with subclause (II) for certain 

13 activities undertaken with respect to 

14 the individual. 

15 ‘‘(II) CREDIT FOR ACTIVITIES

16 UNDERTAKEN THROUGH COLLABO17 RATIVE AGENCY PROCESS.—Subject to 

18 subclause (III), if the State under19 takes to provide services for an indi20 vidual to which subclause (I) applies 

21 through a collaborative process that 

22 includes governmental or private 

23 agencies with expertise in disability 

24 determinations or appropriate services 

25 for adults with disabilities, the State 
5 

•S 456 IS 

1 shall be credited for purposes of the 

2 monthly participation rates deter3 mined under paragraphs (1)(B)(i) and 

4 (2)(B) of subsection (b) with the less5 er of— 

6 ‘‘(aa) the sum of the num7 ber of hours the individual par8 ticipates in an activity described 

9 in paragraph (1), (2), (3), (4), 

10 (5), (6), (7), (8), or (12) of sub11 section (d) for the month and the 

12 number of hours that the indi13 vidual participates in rehabilita14 tion services under this clause for 

15 the month; or 

16 ‘‘(bb) twice the number of 

17 hours the individual participates 

18 in an activity described in para19 graph (1), (2), (3), (4), (5), (6), 

20 (7), (8), or (12) of subsection (d) 

21 for the month. 

22 ‘‘(III) LIMITATION.—A State 

23 shall not receive credit under this 

24 clause towards the monthly participa25 tion rates under paragraphs (1)(B)(i) 
6 

•S 456 IS 

1 and (2)(B) of subsection (b) unless 

2 the State reviews the disability deter3 mination of an individual to which 

4 subclause (I) applies and the activities 

5 in which the individual is participating 

6 not less than every 6 months. 

7 ‘‘(iv) INDIVIDUAL DESCRIBED.—For 

8 purposes of this subparagraph, an indi9 vidual described in this clause is an indi10 vidual who the State has determined has a 

11 disability, including a substance abuse 

12 problem, and would benefit from partici13 pating in rehabilitative services while com14 bining such participation with other work 

15 activities. 

16 ‘‘(v) DEFINITION OF DISABILITY.—In 

17 this subparagraph, the term ‘disability’ 

18 means a physical or mental impairment, 

19 including substance abuse, that— 

20 ‘‘(I) constitutes or results in a 

21 substantial impediment to employ22 ment; or 

23 ‘‘(II) substantially limits 1 or 

24 more major life activities.’’. 
7 

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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) takes effect on October 1, 2005. 

Æ