II 

116TH CONGRESS 

1ST SESSION S. 802 

To amend part A of title IV of the Social Security Act, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 14, 2019 

Mr. DAINES 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, 

and for other purposes. 

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 ‘‘Jobs and Opportunity 

5 with Benefits and Services for Success Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Re-naming of program. 

Sec. 5. Helping more Americans enter and remain in the workforce. 

Sec. 6. Expecting universal engagement and case management. 

Sec. 7. Promoting accountability by measuring work outcomes. 


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Sec. 8. Targeting funds to truly needy families. 

Sec. 9. Targeting funds to core purposes. 

Sec. 10. Strengthening program integrity by measuring improper payments. 

Sec. 11. Prohibition on State diversion of Federal funds to replace State spending. 

Sec. 12. Inclusion of poverty reduction as a program purpose. 

Sec. 13. Welfare for needs not weed. 

Sec. 14. Strengthening accountability through HHS approval of State plans. 

Sec. 15. Aligning and improving data reporting. 

Sec. 16. Technical corrections to data exchange standards to improve program 

coordination. 

Sec. 17. Set-aside for economic downturns. 

Sec. 18. Definitions related to use of funds. 

Sec. 19. Elimination of obsolete provisions. 

Sec. 20. Effective date. 

1 SEC. 3. REFERENCES. 

2 Except as otherwise expressly provided, wherever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a 

6 section or other provision of the Social Security Act. 

7 SEC. 4. RE-NAMING OF PROGRAM. 

8 (a) IN GENERAL.—The heading for part A of title 

9 IV is amended to read as follows: 

10 ‘‘PART A—JOBS AND OPPORTUNITY WITH 

11 BENEFITS AND SERVICES PROGRAM’’. 

12 (b) CONFORMING AMENDMENTS.— 

13 (1) The heading for section 403(a)(2)(B) (42 

14 U.S.C. 603(a)(2)(B)) is amended by striking 

15 ‘‘TANF’’ and inserting ‘‘JOBS’’. 

16 (2) The heading for section 413 (42 U.S.C. 

17 613) is amended by striking ‘‘TEMPORARY AS18 SISTANCE FOR NEEDY FAMILIES’’ and inserting 


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1 ‘‘JOBS AND OPPORTUNITY WITH BENEFITS AND

2 SERVICES’’. 

3 (3) The heading for section 413(a) (42 U.S.C. 

4 613(a)) is amended by striking ‘‘TANF’’ and insert5 ing ‘‘JOBS’’. 

6 (4) The heading for section 471(e)(7)(B)(i) (42 

7 U.S.C. 671(e)(7)(B)(i)), as in effect pursuant to the 

8 amendment made by section 50711(a)(2) of division 

9 E of the Bipartisan Budget Act of 2018 (Public 

10 Law 115–123), is amended by striking ‘‘TANF’’ 

11 and inserting ‘‘JOBS’’. 

12 SEC. 5. HELPING MORE AMERICANS ENTER AND REMAIN IN 

13 THE WORKFORCE. 

14 (a) FAMILY ASSISTANCE GRANTS.—Section 

15 403(a)(1) (42 U.S.C. 603(a)(1)) is amended in each of 

16 subparagraphs (A) and (C) by striking ‘‘2017 and 2018’’ 

17 and inserting ‘‘2019 through 2024’’. 

18 (b) HEALTHY MARRIAGE PROMOTION AND RESPON19 SIBLE FATHERHOOD GRANTS.—Section 403(a)(2)(D) (42 

20 U.S.C. 603(a)(2)(D)) is amended— 

21 (1) by striking ‘‘2017 and 2018’’ and inserting 

22 ‘‘2019 through 2024’’; and 

23 (2) by striking ‘‘for fiscal year 2017 or 2018’’. 

24 (c) TRIBAL GRANTS.—Section 412(a) (42 U.S.C. 

25 612(a)) is amended in each of paragraphs (1)(A) and 


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1 (2)(A) by striking ‘‘2017 and 2018’’ and inserting ‘‘2019 

2 through 2024’’. 

3 (d) IMPROVING ACCESS TO CHILD CARE TO SUP4 PORT WORK.—Section 418(a)(3) (42 U.S.C. 618(a)(3)) is 

5 amended to read as follows: 

6 ‘‘(3) APPROPRIATION.—For grants under this 

7 section, there are appropriated— 

8 ‘‘(A) $2,917,000,000 for fiscal year 2019; 

9 and 

10 ‘‘(B) $3,525,000,000 for each of fiscal 

11 years 2020 through 2024.’’. 

12 (e) GRANTS TO THE TERRITORIES.—Section 

13 1108(b)(2) (42 U.S.C. 1308(b)(2)) is amended by striking 

14 ‘‘2017 and 2018’’ and inserting ‘‘2019 through 2024’’. 

15 (f) PRORATING OF APPROPRIATIONS FOR FISCAL

16 YEAR 2019.—Notwithstanding the amendments made by 

17 the subsections (a) through (c) and (e) of this section, the 

18 amount appropriated in each provision of law amended by 

19 such subsections for fiscal year 2019 shall be— 

20 (1) the amount that would be so appropriated 

21 in the absence of this subsection; multiplied by 

22 (2) the number of days in the period from the 

23 date of the enactment of this Act through September 

24 30, 2019, divided by 365. 


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1 (g) EFFECTIVE DATE.—This section and the amend2 ments made by this section shall take effect on the date 

3 of the enactment of this Act. 

4 SEC. 6. EXPECTING UNIVERSAL ENGAGEMENT AND CASE 

5 MANAGEMENT. 

6 Section 408(b) (42 U.S.C. 608(b)) is amended to 

7 read as follows: 

8 ‘‘(b) INDIVIDUAL OPPORTUNITY PLANS.— 

9 ‘‘(1) ASSESSMENT.—The State agency respon10 sible for administering the State program funded 

11 under this part shall make an initial assessment of 

12 the following for each work-eligible individual (as de13 fined in the regulations promulgated pursuant to 

14 section 407(i)(1)(A)(i)): 

15 ‘‘(A) The education obtained, skills, prior 

16 work experience, work readiness, and barriers 

17 to work of the individual. 

18 ‘‘(B) The well-being of the children in the 

19 family of the individual and, where appropriate, 

20 activities or services (such as services offered by 

21 a program funded under section 511) to im22 prove the well-being of the children. 

23 ‘‘(2) CONTENTS OF PLANS.—On the basis of 

24 the assessment required by paragraph (1) of this 

25 subsection, the State agency, in consultation with 


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1 the individual, shall develop an individual oppor2 tunity plan that— 

3 ‘‘(A) includes a personal responsibility 

4 agreement in which the individual acknowledges 

5 receipt of publicly funded benefits and responsi6 bility to comply with program requirements in 

7 order to receive the benefits; 

8 ‘‘(B) sets forth the obligations of the indi9 vidual to participate in work activities (as de10 fined in section 407(d)), and the number of 

11 hours per month for which the individual will so 

12 participate pursuant to section 407; 

13 ‘‘(C) sets forth an employment goal and 

14 planned short-, intermediate-, and long-term ac15 tions to achieve the goal, and, in the case of an 

16 individual who has not attained 24 years of age 

17 and is in secondary school or the equivalent, the 

18 intermediate action may be completion of sec19 ondary school or the equivalent; 

20 ‘‘(D) describes the job counseling and 

21 other services the State will provide to the indi22 vidual to enable the individual to obtain and 

23 keep unsubsidized employment; 


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1 ‘‘(E) may include referral to appropriate 

2 substance abuse or mental health treatment; 

3 and 

4 ‘‘(F) is signed by the individual. 

5 ‘‘(3) TIMING.—The State agency shall comply 

6 with paragraphs (1) and (2) with respect to a work7 eligible individual— 

8 ‘‘(A) within 1 year after the effective date 

9 of this subsection, in the case of an individual 

10 who, as of such effective date, is a recipient of 

11 assistance under the State program funded 

12 under this part (as in effect immediately before 

13 such effective date); or 

14 ‘‘(B) within 60 days after the individual is 

15 determined to be eligible for the assistance, in 

16 the case of any other individual. 

17 ‘‘(4) UNIVERSAL ENGAGEMENT.—Subject to the 

18 exceptions in paragraph (3), each State shall require 

19 all work-eligible recipients receiving funds under the 

20 State program funded under this part to engage in 

21 work in accordance with the provisions of section 

22 407(c), 407(d), and 407(e). 

23 ‘‘(5) PENALTY FOR NONCOMPLIANCE BY INDI24 VIDUAL.—In addition to any other penalties required 

25 under the State program funded under this part, the 


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1 State shall reduce, by such amount as the State con2 siders appropriate, the amount of assistance other3 wise payable under the State program to a family 

4 that includes an individual who fails without good 

5 cause to comply with an individual opportunity plan 

6 developed pursuant to this subsection, that is signed 

7 by the individual. 

8 ‘‘(6) PERIODIC REVIEW.—The State shall meet 

9 with each work-eligible individual assessed by the 

10 State under paragraph (1), not less frequently than 

11 every 90 days, to— 

12 ‘‘(A) review the individual opportunity plan 

13 developed for the individual, including the eligi14 bility of the individual for benefits; 

15 ‘‘(B) discuss with the individual the 

16 progress made by the individual in achieving 

17 the goals specified in the plan; and 

18 ‘‘(C) update the plan, as necessary, to re19 flect any changes in the circumstances of the 

20 individual since the plan was last reviewed.’’. 

21 SEC. 7. PROMOTING ACCOUNTABILITY BY MEASURING 

22 WORK OUTCOMES. 

23 (a) IN GENERAL.—Section 407(a) (42 U.S.C. 

24 607(a)) is amended to read as follows: 


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1 ‘‘(a) PERFORMANCE ACCOUNTABILITY AND WORK

2 OUTCOMES.— 

3 ‘‘(1) WORK OUTCOMES.— 

4 ‘‘(A) IN GENERAL.—A State to which a 

5 grant is made under section 403 shall achieve 

6 the requisite minimum level of performance for 

7 a fiscal year described in this paragraph with 

8 respect to the percentage of employment exits 

9 for families receiving assistance under the State 

10 program funded under this part, or be subject 

11 to penalty as described in section 409(a)(3). 

12 ‘‘(B) CALCULATION OF PERCENTAGE OF

13 EMPLOYMENT EXITS.—For purposes of this 

14 paragraph, the percentage of employment exits 

15 with respect to a State equals the ratio of the 

16 number of work-eligible individuals who are in 

17 unsubsidized employment 6 months after their 

18 exit to the average monthly number of families 

19 receiving assistance under the State program 

20 funded under this part. 

21 ‘‘(C) AGREEMENT ON REQUISITE LEVEL

22 OF PERFORMANCE.—The Secretary and the 

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1 ment exits for each fiscal year beginning with 

2 fiscal year 2021. 

3 ‘‘(2) PERFORMANCE ACCOUNTABILITY.— 

4 ‘‘(A) PURPOSE.—The purpose of this para5 graph is to provide for the establishment of per6 formance accountability measures to assess the 

7 effectiveness of States in increasing employ8 ment, retention, and advancement among fami9 lies receiving assistance under the State pro10 gram funded under this part. 

11 ‘‘(B) IN GENERAL.—A State to which a 

12 grant is made under section 403 for a fiscal 

13 year shall achieve the requisite level of perform14 ance on an indicator described in subparagraph 

15 (D) of this paragraph for the fiscal year. 

16 ‘‘(C) MEASURING STATE PERFORMANCE.— 

17 Each State, in consultation with the Secretary, 

18 shall collect and submit to the Secretary the in19 formation necessary to measure the level of per20 formance of the State for each indicator de21 scribed in subparagraph (D), for fiscal year 

22 2021 and each fiscal year thereafter, and the 

23 Secretary shall use the information collected for 

24 fiscal year 2021 to establish the baseline level 


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1 of performance for each State for each such in2 dicator. 

3 ‘‘(D) INDICATORS OF PERFORMANCE.— 

4 The indicators described in this subparagraph, 

5 for a fiscal year, are the following: 

6 ‘‘(i) The percentage of individuals who 

7 were work-eligible individuals as of the 

8 time of exit from the program, who are in 

9 unsubsidized employment during the 2nd 

10 quarter after the exit. 

11 ‘‘(ii) The percentage of individuals 

12 who were work-eligible individuals who 

13 were in unsubsidized employment in the 

14 2nd quarter after the exit, who are also in 

15 unsubsidized employment during the 4th 

16 quarter after the exit. 

17 ‘‘(iii) The median earnings of individ18 uals who were work-eligible individuals as 

19 of the time of exit from the program, who 

20 are in unsubsidized employment during the 

21 2nd quarter after the exit. 

22 ‘‘(iv) The percentage of individuals 

23 who have not attained 24 years of age, are 

24 attending high school or enrolled in an 

25 equivalency program, and are work-eligible 


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1 individuals or were work-eligible individ2 uals as of the time of exit from the pro3 gram, who obtain a high school degree or 

4 its recognized equivalent while receiving as5 sistance under the State program funded 

6 under this part or within 1 year after the 

7 exit. 

8 ‘‘(E) LEVELS OF PERFORMANCE.— 

9 ‘‘(i) IN GENERAL.—For each State 

10 submitting a State plan pursuant to sec11 tion 402(a), there shall be established, in 

12 accordance with this subparagraph, levels 

13 of performance for each of the indicators 

14 described in subparagraph (D). 

15 ‘‘(ii) WEIGHT.—The weight assigned 

16 to such an indicator shall be the following: 

17 ‘‘(I) Forty percent, in the case of 

18 the indicator described in subpara19 graph (D)(i). 

20 ‘‘(II) Twenty-five percent, in the 

21 case of the indicator described in sub22 paragraph (D)(ii). 

23 ‘‘(III) Twenty-five percent, in the 

24 case of the indicator described in sub25 paragraph (D)(iii). 


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1 ‘‘(IV) Ten percent, in the case of 

2 the indicator described in subpara3 graph (D)(iv). 

4 ‘‘(iii) AGREEMENT ON REQUISITE

5 PERFORMANCE LEVEL FOR EACH INDI6 CATOR.— 

7 ‘‘(I) IN GENERAL.—The Sec8 retary and the State shall negotiate 

9 the requisite level of performance for 

10 the State with respect to each indi11 cator described in clause (ii), for each 

12 fiscal year beginning with fiscal year 

13 2021, and shall do so before the be14 ginning of the fiscal year involved. 

15 ‘‘(II) REQUIREMENTS IN ESTAB16 LISHING PERFORMANCE LEVELS.—In 

17 establishing the requisite levels of per18 formance, the State and the Secretary 

19 shall— 

20 ‘‘(aa) take into account how 

21 the levels involved compare with 

22 the levels established for other 

23 States; and 

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1 jective statistical model referred 

2 to in clause (v), based on— 

3 ‘‘(AA) the differences 

4 among States in economic 

5 conditions, including dif6 ferences in unemployment 

7 rates or employment losses 

8 or gains in particular indus9 tries; 

10 ‘‘(BB) the characteris11 tics of participants on entry 

12 into the program, including 

13 indicators of prior work his14 tory, lack of educational or 

15 occupational skills attain16 ment, or other factors that 

17 may affect employment and 

18 earnings; and 

19 ‘‘(CC) take into account 

20 the extent to which the lev21 els involved promote contin22 uous improvement in per23 formance by each State. 

24 ‘‘(iv) REVISIONS BASED ON ECONOMIC

25 CONDITIONS AND INDIVIDUALS RECEIVING


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1 ASSISTANCE DURING THE FISCAL YEAR.— 

2 The Secretary shall, in accordance with the 

3 objective statistical model referred to in 

4 clause (v), revise the requisite levels of per5 formance for a State and a fiscal year to 

6 reflect the economic conditions and charac7 teristics of the relevant individuals in the 

8 State during the fiscal year. 

9 ‘‘(v) STATISTICAL ADJUSTMENT

10 MODEL.—The Secretary shall use an objec11 tive statistical model to make adjustments 

12 to the requisite levels of performance for 

13 the economic conditions and characteristics 

14 of the relevant individuals, and shall con15 sult with the Secretary of Labor to develop 

16 a model that is the same as or similar to 

17 the model described in section 

18 116(b)(3)(A)(viii) of the Workforce Inno19 vation and Opportunity Act (29 U.S.C. 

20 3141(b)(3)(A)(viii)). 

21 ‘‘(vi) DEFINITION OF EXIT.—In this 

22 paragraph, the term ‘exit’ means, with re23 spect to a State program funded under 

24 this part, ceases to a receive a JOBS ben25 efit under the program. 


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1 ‘‘(F) STATE OPTION TO ESTABLISH COM2 MON EXIT MEASURES.—Notwithstanding sub3 paragraph (E)(vi) of this paragraph, a State 

4 that has not provided the notification under 

5 section 121(b)(1)(C)(ii) of the Workforce Inno6 vation and Opportunity Act to exclude the State 

7 program funded under this part as a mandatory 

8 one-stop partner may adopt an alternative defi9 nition of ‘exit’ for the purpose of creating com10 mon exit measures to improve alignment with 

11 workforce programs operated under title I of 

12 such Act. 

13 ‘‘(G) REGULATIONS.—In order to ensure 

14 nationwide comparability of data, the Secretary, 

15 after consultation with the Secretary of Labor 

16 and with States, shall issue regulations gov17 erning the establishment of the performance ac18 countability system under this paragraph and a 

19 template for performance reports to be used by 

20 all States consistent with subsection (b).’’. 

21 (b) REPORTS ON STATE PERFORMANCE ON HHS 

22 ONLINE DASHBOARD.—Section 407(b) (42 U.S.C. 

23 607(b)) is amended to read as follows: 

24 ‘‘(b) PUBLICATION OF STATE PERFORMANCE.—The 

25 Secretary shall, directly or through the use of grants or 


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1 contracts, establish and operate an Internet website that 

2 is accessible to the public, with a dashboard that is regu3 larly updated and provides easy-to-understand information 

4 on the performance of each State program funded under 

5 this part, including a profile for each such program, ex6 pressed by use of a template, which shall include— 

7 ‘‘(1) information on the indicators and requisite 

8 performance levels established for the State under 

9 subsection (a), including, with respect to each such 

10 level, whether the State achieves, exceeds, or fails to 

11 achieve the level on an ongoing basis, including— 

12 ‘‘(A) information on any adjustments made 

13 to the requisite levels using the statistical ad14 justment model described in subsection 

15 (a)(3)(D)(v); and 

16 ‘‘(B) a grade based on the overall perform17 ance of the State, as determined by the Sec18 retary and in consultation with the State, and 

19 the overall performance shall be graded based 

20 on the performance indicators and weights for 

21 each such indicator as described in subsection 

22 (a); 

23 ‘‘(2) information reported under section 411 on 

24 the characteristics and demographics of individuals 


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1 receiving assistance under the State program, in2 cluding— 

3 ‘‘(A) the number and percentage of child4 only cases and reason why the cases are child5 only; and 

6 ‘‘(B) the average weekly number of hours 

7 that each work-eligible individual in the State 

8 program participates in work activities, includ9 ing a separate section showing the number and 

10 percentage of the work-eligible individuals with 

11 zero hours of the participation and the reason 

12 for non-participation; 

13 ‘‘(3) information on the results of improper 

14 payments reviews; 

15 ‘‘(4) a link to the State plan approved under 

16 section 402; and 

17 ‘‘(5) information regarding any penalty im18 posed, or other corrective action taken, by the Sec19 retary against a State for failing to achieve a req20 uisite performance level or any other requirement 

21 imposed by or under this part.’’. 

22 (c) MODIFICATION OF RULES FOR DETERMINING

23 WHETHER AN INDIVIDUAL IS ENGAGED IN WORK.—Sec24 tion 407(c) (42 U.S.C. 607(c)) is amended— 

25 (1) in paragraph (1)— 


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1 (A) in subparagraph (A)— 

2 (i) by striking ‘‘For purposes of sub3 section (b)(1)(B)(i), a’’ and inserting ‘‘A’’; 

4 and 

5 (ii) by striking ‘‘, not fewer than’’ and 

6 all that follows through ‘‘this subsection’’; 

7 and 

8 (B) in subparagraph (B)— 

9 (i) in the matter preceding clause (i), 

10 by striking ‘‘For purposes of subsection 

11 (b)(2)(B), an’’ and inserting ‘‘An’’; 

12 (ii) in clause (i), by striking ‘‘, not 

13 fewer than’’ and all that follows through 

14 ‘‘this subsection’’; and 

15 (iii) in clause (ii), by striking ‘‘, not 

16 fewer than’’ and all that follows through 

17 ‘‘subsection (d)’’; and 

18 (2) in paragraph (2)— 

19 (A) by striking subparagraphs (A) and 

20 (D); 

21 (B) in each of subparagraphs (B) and (C), 

22 by striking ‘‘For purposes of determining 

23 monthly participation rates under subsection 

24 (b)(1)(B)(i), a’’ and inserting ‘‘A’’; 


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1 (C) by redesignating subparagraphs (B) 

2 and (C) as subparagraphs (A) and (B), respec3 tively; and 

4 (D) by adding at the end the following: 

5 ‘‘(C) STATE OPTION FOR PARTICIPATION

6 REQUIREMENT EXEMPTIONS.—For any fiscal 

7 year, a State may, at its option, not require an 

8 individual who is a single custodial parent car9 ing for a child who has not attained 12 months 

10 of age to engage in work, for not more than 12 

11 months.’’. 

12 (d) MODIFICATIONS TO ALLOWABLE WORK ACTIVI13 TIES.—Section 407(d) (42 U.S.C. 607(d)) is amended— 

14 (1) in paragraph (5), by inserting ‘‘, including 

15 apprenticeship’’ before the semicolon; 

16 (2) in paragraph (6), by inserting ‘‘supervised’’ 

17 before ‘‘job search’’; 

18 (3) in paragraph (8), by striking ‘‘(not to ex19 ceed 12 months with respect to any individual)’’ and 

20 inserting ‘‘, including career technical education’’; 

21 (4) in paragraph (11), by striking ‘‘and’’ at the 

22 end; 

23 (5) in paragraph (12), by striking the period 

24 and inserting ‘‘; and’’; and 

25 (6) by adding at the end the following: 


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1 ‘‘(13) participation in an in-home program 

2 teaching parenting skills that complies with the re3 quirements of section 407(c).’’. 

4 (e) PENALTY AGAINST STATES.— 

5 (1) IN GENERAL.—Section 409(a)(3) (42 

6 U.S.C. 609(a)(3)) is amended by striking all that 

7 precedes subparagraph (B) and inserting the fol8 lowing: 

9 ‘‘(3) FAILURE TO SATISFY WORK OUTCOMES

10 AND WORK ENGAGEMENT.— 

11 ‘‘(A) IN GENERAL.—If the Secretary deter12 mines that a State to which a grant is made 

13 under section 403 for a fiscal year has failed to 

14 comply with any of section 407(a)(1), section 

15 408(b)(3), or section 408(b)(4) for the fiscal 

16 year, the Secretary shall reduce the grant pay17 able to the State under section 403(a)(1) for 

18 the immediately succeeding fiscal year by an 

19 amount equal to the applicable percentage of 

20 the State family assistance grant.’’. 

21 (2) TRANSITION RULE.—The Secretary of 

22 Health and Human Services may not impose a pen23 alty under section 409(a)(3) of the Social Security 

24 Act by reason of the failure of a State to comply 


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1 with section 407(a) of such Act for any fiscal year 

2 before fiscal year 2021. 

3 (f) PRO RATA REDUCTION OF ASSISTANCE FOR INDI4 VIDUAL NONCOMPLIANCE.—Section 407(e) (42 U.S.C. 

5 607(e)) is amended by adding at the end the following: 

6 ‘‘(3) PRO RATA REDUCTION.—For purposes of 

7 paragraph (1)(A), the amount of a pro rata reduc8 tion in assistance shall be determined by multiplying 

9 the total amount of monthly assistance that would, 

10 in the absence of the application of this paragraph, 

11 be paid to the entire family, by the ratio of— 

12 ‘‘(A) the number of hours of required work 

13 activities as designated in subsection (d) actu14 ally performed by the individual during the 

15 month; to 

16 ‘‘(B) the number of hours of work activi17 ties that the individual was required to perform 

18 during the month in accordance with subsection 

19 (c). 

20 ‘‘(4) PENALTIES AND ENGAGEMENT.— 

21 ‘‘(A) IN GENERAL.—Subject to the limita22 tion in (B), if in a given month an individual 

23 who received assistance under this part was re24 quired to engage in work under section 

25 408(b)(4), failed to fulfill those obligations and 


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1 was subsequently sanctioned in accordance with 

2 section 407(e)(2) and (3), that individual shall 

3 judged to be engaged in work for that month 

4 for purposes of section 408(b)(4). 

5 ‘‘(B) LIMITATION.—If an individual re6 ceives no benefits for two consecutive months 

7 due to sanctioning under section 407(e)(2) and 

8 (3), that individual shall not be counted as en9 gaged in work in subsequent months for pur10 poses of section 408(b)(4) unless actual work in 

11 accordance with section 407(d) was resumed.’’. 

12 (g) CONFORMING AMENDMENT.—The heading of sec13 tion 412(c) (42 U.S.C. 612(c)) is amended by striking 

14 ‘‘MINIMUM WORK PARTICIPATION REQUIREMENTS’’ and 

15 inserting ‘‘REQUIREMENTS FOR WORK OUTCOME MEAS16 URES’’. 

17 SEC. 8. TARGETING FUNDS TO TRULY NEEDY FAMILIES. 

18 (a) PROHIBITION ON USE OF FUNDS FOR FAMILIES

19 WITH INCOME GREATER THAN TWICE THE POVERTY

20 LINE.—Section 404(k) (42 U.S.C. 604(k)) is amended to 

21 read as follows: 

22 ‘‘(k) PROHIBITIONS.— 

23 ‘‘(1) USE OF FUNDS FOR PERSONS WITH IN24 COME GREATER THAN TWICE THE POVERTY LINE.— 

25 A State to which a grant is made under this part 


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1 shall not use the grant to provide any assistance or 

2 services to a family whose monthly income exceeds 

3 twice the poverty line (as defined by the Office of 

4 Management and Budget, and revised annually in 

5 accordance with section 673(2) of the Omnibus 

6 Budget Reconciliation Act of 1981 (42 U.S.C. 

7 9902(2))).’’. 

8 (b) ELIMINATION OF LIMITATION ON USE OF FUNDS

9 FOR CASE MANAGEMENT ACTIVITIES.—Section 404(b)(2) 

10 (42 U.S.C. 604(b)(2)) is amended to read as follows: 

11 ‘‘(2) EXCEPTIONS.—Paragraph (1) of this sub12 section shall not apply to the use of a grant for— 

13 ‘‘(A) information technology and comput14 erization needed for tracking, monitoring, or 

15 data collection required by or under this part; 

16 or 

17 ‘‘(B) case management activities to carry 

18 out section 408(b).’’. 

19 (c) PROHIBITION ON USE OF FUNDS FOR DIRECT

20 SPENDING ON CHILD CARE SERVICES OR ACTIVITIES.— 

21 Section 404(k) (42 U.S.C. 604(k)), as amended by sub22 section (a) of this section, is amended by adding at the 

23 end the following: 

24 ‘‘(2) DIRECT SPENDING ON CHILD CARE SERV25 ICES OR ACTIVITIES.—A State to which a grant is 


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1 made under this part shall not use the grant for di2 rect spending on child care and other early childhood 

3 education programs, services, or activities.’’. 

4 (d) LIMITATION ON USE OF FUNDS FOR CHILD WEL5 FARE SERVICES OR ACTIVITIES.—Section 404(k) (42 

6 U.S.C. 604(k)), as amended by subsections (a) and (c) 

7 of this section, is amended— 

8 (1) in the subsection heading, by inserting ‘‘; 

9 LIMITATION’’ after ‘‘PROHIBITIONS’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(3) LIMITATION ON USE OF FUNDS FOR CHILD

12 WELFARE SERVICES OR ACTIVITIES.—A State may 

13 use not more than 10 percent of a grant made to 

14 the State under section 403(a)(1) for child welfare 

15 services or activities, taking into account any 

16 amount transferred under subsection (d)(2) of this 

17 section.’’. 

18 (e) EXPANSION OF AUTHORITY TO TRANSFER

19 FUNDS.—Section 404(d) (42 U.S.C. 604(d)) is amended 

20 by striking paragraphs (1) through (3) and inserting the 

21 following: 

22 ‘‘(1) IN GENERAL.—A State may transfer not 

23 more than 50 percent of the grant made to the State 

24 under section 403(a)(1) to a State program pursu25 ant to any or all of the following provisions of law: 


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1 ‘‘(A) The Child Care and Development 

2 Block Grant Act of 1990. 

3 ‘‘(B) Title I of the Workforce Innovation 

4 and Opportunity Act. 

5 ‘‘(C) Subpart 1 of part B of this title. 

6 ‘‘(2) LIMITATION ON AMOUNT TRANSFERABLE

7 TO SUBPART 1 OF PART B.—A State may transfer 

8 not more than 10 percent of a grant made to the 

9 State under section 403(a)(1) to carry out State 

10 programs operated pursuant to the State plan devel11 oped under subpart 1 of part B, taking into account 

12 any amount used as described in subsection (k)(3) 

13 of this section. 

14 ‘‘(3) APPLICABLE RULES.— 

15 ‘‘(A) IN GENERAL.—Except as provided in 

16 subparagraph (B) of this paragraph, any 

17 amount paid to a State under this part that is 

18 used to carry out a State program pursuant to 

19 a provision of law specified in paragraph (1) 

20 shall not be subject to the requirements of this 

21 part, but shall be subject to the requirements 

22 that apply to Federal funds provided directly 

23 under the provision of law to carry out the pro24 gram, and the expenditure of any amount so 


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1 used shall not be considered to be an expendi2 ture under this part. 

3 ‘‘(B) FUNDS TRANSFERRED TO THE

4 WIOA.—In the case of funds transferred under 

5 paragraph (1)(B) of this subsection— 

6 ‘‘(i) the State shall provide an assur7 ance that the funds will be used to support 

8 individuals eligible for assistance or serv9 ices under this part pursuant to subsection 

10 (k)(1); and 

11 ‘‘(ii) not more than 15 percent of the 

12 funds will be reserved for statewide work13 force investment activities referred to in 

14 section 128(a)(1) of the Workforce Innova15 tion and Opportunity Act. 

16 ‘‘(4) WIOA TRANSFER AUTHORITY NOT AVAIL17 ABLE TO STATES EXCLUDING THE STATE JOBS PRO18 GRAM AS A MANDATORY ONE-STOP PARTNER UNDER

19 THE WIOA.—The authority provided by paragraph 

20 (1)(B) of this subsection may not be exercised by a 

21 State that has provided the notification referred to 

22 in section 407(a)(2)(F).’’. 

23 SEC. 9. TARGETING FUNDS TO CORE PURPOSES. 

24 (a) REQUIREMENT THAT STATES RESERVE 25 PER25 CENT OF JOBS GRANT FOR SPENDING ON CORE ACTIVIVerDate Sep 11 2014 00:42 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S802.IS S802

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1 TIES.—Section 408(a) (42 U.S.C. 608(a)) is amended by 

2 adding at the end the following: 

3 ‘‘(13) REQUIREMENT THAT STATES RESERVE 25

4 PERCENT OF JOBS GRANT FOR SPENDING ON CORE

5 ACTIVITIES.—A State to which a grant is made 

6 under section 403(a)(1) for a fiscal year shall ex7 pend not less than 25 percent of the grant on assist8 ance, case management, work supports and sup9 portive services, work, wage subsidies, work activities 

10 (as defined in section 407(d)), and non-recurring 

11 short-term benefits.’’. 

12 (b) REQUIREMENT THAT AT LEAST 25 PERCENT OF

13 QUALIFIED STATE EXPENDITURES BE FOR CORE ACTIVI14 TIES.—Section 408(a) (42 U.S.C. 608(a)), as amended by 

15 subsection (a) of this section, is amended by adding at 

16 the end the following: 

17 ‘‘(14) REQUIREMENT THAT AT LEAST 25 PER18 CENT OF QUALIFIED STATE EXPENDITURES BE FOR

19 CORE ACTIVITIES.—Not less than 25 percent of the 

20 qualified State expenditures (as defined in section 

21 409(a)(7)(B)(ii)) of a State during the fiscal year 

22 shall be for assistance, case management, work sup23 ports and supportive services, work, wage subsidies, 

24 work activities (as defined in section 407(d)), and 

25 non-recurring short-term benefits.’’. 


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1 (c) PHASE-OUT OF COUNTING OF THIRD-PARTY

2 CONTRIBUTIONS AS QUALIFIED STATE EXPENDI3 TURES.—Section 408(a) (42 U.S.C. 608(a)), as amended 

4 by subsections (a) and (b) of this section, is amended by 

5 adding at the end the following: 

6 ‘‘(15) PHASE-OUT OF COUNTING OF THIRD7 PARTY CONTRIBUTIONS AS QUALIFIED STATE EX8 PENDITURES.— 

9 ‘‘(A) IN GENERAL.—The qualified State 

10 expenditures (as defined in section 

11 409(a)(7)(B)(i)) of a State for a fiscal year 

12 that are attributable to the value of goods and 

13 services provided by a source other than a State 

14 or local government shall not exceed the appli15 cable percentage of the expenditures for the fis16 cal year. 

17 ‘‘(B) APPLICABLE PERCENTAGE.—In sub18 paragraph (A), the term ‘applicable percentage’ 

19 means, with respect to a fiscal year— 

20 ‘‘(i) 75 percent, in the case of fiscal 

21 year 2020; 

22 ‘‘(ii) 50 percent, in the case of fiscal 

23 year 2021; 

24 ‘‘(iii) 25 percent, in the case of fiscal 

25 year 2022; and 


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1 ‘‘(iv) 0 percent, in the case of fiscal 

2 year 2023 or any succeeding fiscal year.’’. 

3 SEC. 10. STRENGTHENING PROGRAM INTEGRITY BY MEAS4 URING IMPROPER PAYMENTS. 

5 Section 404 (42 U.S.C. 604) is amended by adding 

6 at the end the following: 

7 ‘‘(l) APPLICABILITY OF IMPROPER PAYMENTS

8 LAWS.— 

9 ‘‘(1) IN GENERAL.—The Improper Payments 

10 Information Act of 2002 and the Improper Pay11 ments Elimination and Recovery Act of 2010 shall 

12 apply to a State in respect of the State program 

13 funded under this part in the same manner in which 

14 such Acts apply to a Federal agency. 

15 ‘‘(2) REGULATIONS.—Within 2 years after the 

16 date of the enactment of this subsection, the Sec17 retary shall prescribe regulations governing how a 

18 State reviews and reports improper payments under 

19 the State program funded under this part.’’. 

20 SEC. 11. PROHIBITION ON STATE DIVERSION OF FEDERAL 

21 FUNDS TO REPLACE STATE SPENDING. 

22 (a) IN GENERAL.—Section 408(a) (42 U.S.C. 

23 608(a)), as amended by section 9 of this Act, is amended 

24 by adding at the end the following: 


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1 ‘‘(16) NON-SUPPLANTATION REQUIREMENT.— 

2 Funds made available to a State under this part 

3 shall be used to supplement, not supplant, State 

4 general revenue spending on activities described in 

5 section 404.’’. 

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

7 subsection (a) shall take effect on October 1, 2020. 

8 SEC. 12. INCLUSION OF POVERTY REDUCTION AS A PRO9 GRAM PURPOSE. 

10 Section 401(a) (42 U.S.C. 601(a)) is amended— 

11 (1) by striking ‘‘and’’ at the end of paragraph 

12 (3); 

13 (2) by striking the period at the end of para14 graph (4) and inserting ‘‘; and’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(5) reduce child poverty by increasing employ17 ment entry, retention, and advancement of needy 

18 parents.’’. 

19 SEC. 13. WELFARE FOR NEEDS NOT WEED. 

20 (a) PROHIBITION.—Section 408(a)(12)(A) (42 

21 U.S.C. 608(a)(12)(A)) is amended— 

22 (1) by striking ‘‘or’’ at the end of clause (ii); 

23 (2) by striking the period at the end of clause 

24 (iii) and inserting ‘‘; or’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(iv) any establishment that offers 

2 marihuana (as defined in section 102(16) 

3 of the Controlled Substances Act) for 

4 sale.’’. 

5 (b) EFFECTIVE DATE.—The amendments made by 

6 subsection (a) shall take effect on the date that is 3 years 

7 after the date of the enactment of this Act. 

8 SEC. 14. STRENGTHENING ACCOUNTABILITY THROUGH 

9 HHS APPROVAL OF STATE PLANS. 

10 (a) IN GENERAL.—Section 402 (42 U.S.C. 602) is 

11 amended— 

12 (1) in subsection (a)— 

13 (A) in the matter preceding paragraph 

14 (1)— 

15 (i) by striking ‘‘27-month’’ and insert16 ing ‘‘24-month’’; and 

17 (ii) by striking ‘‘found’’ and inserting 

18 ‘‘approved that’’; and 

19 (B) in paragraph (1)— 

20 (i) in subparagraph (A)— 

21 (I) by striking clauses (ii) and 

22 (iii) and inserting the following: 

23 ‘‘(ii) Require work-eligible individuals 

24 (as defined in the regulations promulgated 

25 pursuant to section 407(i)(1)(A)(i)) to enVerDate Sep 11 2014 00:42 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S802.IS S802

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1 gage in work activities consistent with sec2 tion 407(c). The document shall describe 

3 any in-home parenting program participa4 tion in which will be considered by the 

5 State as a work activity pursuant to sec6 tion 407(d)(13).’’; 

7 (II) by redesignating clauses (iv) 

8 through (viii) as clauses (iii) through 

9 (vii), respectively; and 

10 (III) by adding at the end the 

11 following: 

12 ‘‘(viii) Describe the case management 

13 practices of the State with respect to the 

14 requirements of section 408(b), provide a 

15 copy of the form or forms that will be used 

16 to assess a work-eligible individual (as so 

17 defined) and prepare an individual oppor18 tunity plan for the individual, describe how 

19 the State will ensure that such a plan is 

20 reviewed in accordance with section 

21 408(b)(6), and describe how the State will 

22 measure progress under the plan. 

23 ‘‘(ix) Propose the requisite levels of 

24 performance for the State for purposes of 

25 section 407(a) for each year in the 2-year 


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1 period referred to in subsection (d) of this 

2 section, and provide an explanation with 

3 supporting data of why each such level is 

4 appropriate. 

5 ‘‘(x) Describe how the State will en6 gage low-income noncustodial parents who 

7 owe child support and how such a parent 

8 will be provided with access to work sup9 port and other services under the program 

10 to which the parent is referred to support 

11 their employment and advancement. 

12 ‘‘(xi) Describe how the State will com13 ply with improper payments provisions in 

14 section 404(l). 

15 ‘‘(xii) Describe coordination with 

16 other programs, including whether the 

17 State intends to exercise authority pro18 vided by section 404(d) of this Act to 

19 transfer any funds paid to the State under 

20 this part, provide assurance that, in the 

21 case of a transfer to carry out a program 

22 under title I of the Workforce Innovation 

23 and Opportunity Act, the State will comply 

24 with section 404(d)(3)(B) of this Act and 

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1 tem under the Workforce Innovation and 

2 Opportunity Act, and describe how the 

3 State will coordinate with the programs in4 volved to provide services to families re5 ceiving assistance under the program re6 ferred to in paragraph (1) of this sub7 section. 

8 ‘‘(xiii) Describe how the State will 

9 promote marriage, such as through tem10 porary disregard of the income of a new 

11 spouse when an individual receiving assist12 ance under the State program marries so 

13 that the couple doesn’t automatically lose 

14 benefits due to marriage. 

15 ‘‘(xiv) Describe how the State will 

16 allow for a transitional period of benefits, 

17 such as through temporary earned income 

18 disregards or a gradual reduction in the 

19 monthly benefit amount, for an individual 

20 receiving assistance who obtains employ21 ment and becomes ineligible due to an in22 crease in income obtained through employ23 ment or through an increase in wages.’’; 

24 and 


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•S 802 IS

1 (ii) in subparagraph (B), by striking 

2 clauses (iv) and (v); 

3 (2) by striking subsection (c) and inserting the 

4 following: 

5 ‘‘(c) PUBLIC AVAILABILITY OF STATE PLANS.—The 

6 Secretary shall make available to the public a link to any 

7 plan or plan amendment submitted by a State under this 

8 subsection.’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(d) 2-YEAR PLAN.—A plan submitted pursuant to 

11 this section shall be designed to be implemented during 

12 a 2-year period. 

13 ‘‘(e) COMBINED PLAN ALLOWED.—A State may sub14 mit to the Secretary and the Secretary of Labor a com15 bined State plan that meets the requirements of sub16 sections (a) and (d) and that is for programs and activities 

17 under the Workforce Innovation and Opportunity Act. 

18 ‘‘(f) APPROVAL OF PLANS.—The Secretary shall ap19 prove any plan submitted pursuant to this section that 

20 meets the requirements of subsections (a) through (d).’’. 

21 (b) DUTIES OF THE SECRETARY.— 

22 (1) COORDINATION OF ACTIVITIES; DISSEMINA23 TION OF INFORMATION.—Section 416 (42 U.S.C. 

24 616) is amended— 


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1 (A) by inserting ‘‘(a) IN GENERAL.—’’ be2 fore ‘‘The programs’’; and 

3 (B) by adding at the end the following: 

4 ‘‘(b) COORDINATION OF ACTIVITIES.—The Secretary 

5 shall coordinate all activities of the Department of Health 

6 and Human Services relating to work activities (as defined 

7 in section 407(d)) and requirements and measurement of 

8 employment outcomes, and, to the maximum extent prac9 ticable, coordinate the activities of the Department in this 

10 regard with similar activities of other Federal entities. 

11 ‘‘(c) DISSEMINATION OF INFORMATION.—The Sec12 retary shall disseminate, for voluntary informational pur13 poses, information on practices that scientifically valid re14 search indicates are most successful in improving the qual15 ity of State and tribal programs funded under this part.’’. 

16 (c) TECHNICAL ASSISTANCE.— 

17 (1) IN GENERAL.—Section 406 (42 U.S.C. 606) 

18 is amended to read as follows: 

19 ‘‘SEC. 406. TECHNICAL ASSISTANCE. 

20 ‘‘(a) IN GENERAL.—The Secretary shall provide tech21 nical assistance to States and Indian tribes (which may 

22 include providing technical assistance on a reimbursable 

23 basis), which shall be provided by qualified experts on 

24 practices grounded in scientifically valid research, where 

25 appropriate, to support activities related publication of 


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1 State performance under section 407(b) and to carry out 

2 State and tribal programs funded under this part. 

3 ‘‘(b) RESERVATION OF FUNDS.—The Secretary shall 

4 reserve not more than 0.25 percent of the amount appro5 priated by section 403(a)(1)(C) for a fiscal year to carry 

6 out subsection (a) of this section.’’. 

7 (2) CONFORMING AMENDMENT.—Section 

8 403(a)(1)(B) (42 U.S.C. 603(a)(1)(B)) is amended 

9 by striking ‘‘percentage specified in section 

10 413(h)(1)’’ and inserting ‘‘the sum of the percent11 ages specified in sections 406(b) and 413(h)’’. 

12 SEC. 15. ALIGNING AND IMPROVING DATA REPORTING. 

13 (a) REQUIREMENT THAT STATES REPORT FULL14 POPULATION DATA.—Section 411(a)(1) (42 U.S.C. 

15 611(a)(1)) is amended— 

16 (1) by striking subparagraph (B); 

17 (2) by striking ‘‘(1) GENERAL REPORTING RE18 QUIREMENT.—’’; and 

19 (3) by— 

20 (A) redesignating— 

21 (i) subparagraph (A) as paragraph 

22 (1); 

23 (ii) clauses (i) through (xvii) of sub24 paragraph (A) as subparagraphs (A) 

25 through (Q), respectively; 


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1 (iii) subclauses (I) through (V) of 

2 clause (ii) as clauses (i) through (v), re3 spectively; 

4 (iv) subclauses (I) through (VII) of 

5 clause (xi) as clauses (i) through (vii), re6 spectively; and 

7 (v) subclauses (I) through (V) of 

8 clause (xvi) as clauses (i) through (v), re9 spectively; and 

10 (B) moving each such redesignated provi11 sion 2 ems to the left. 

12 (b) REPORT ON PARTICIPATION IN WORK ACTIVI13 TIES.—Section 411(a)(1) (42 U.S.C. 611(a)(1)), as 

14 amended by subsection (a)(3) of this section, is amended 

15 by striking subparagraphs (K) and (L) and inserting the 

16 following: 

17 ‘‘(K) The work eligibility status of each in18 dividual in the family, and— 

19 ‘‘(i) in the case of each work-eligible 

20 individual (as defined in the regulations 

21 promulgated pursuant to section 

22 407(i)(1)(A)(i)) in the family— 

23 ‘‘(I) the number of hours (includ24 ing zero hours) per month of partici25 pation in— 


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1 ‘‘(aa) work activities (as de2 fined in section 407(d)); and 

3 ‘‘(bb) any other activity re4 quired by the State to remove a 

5 barrier to employment; and 

6 ‘‘(ii) in the case of each individual in 

7 the family who is not a work-eligible indi8 vidual (as so defined), the reason for that 

9 status. 

10 ‘‘(L) For each work-eligible individual (as 

11 so defined) and each adult in the family who 

12 did not participate in work activities (as so de13 fined) during a month, the reason for the lack 

14 of participation.’’. 

15 (c) REPORTING OF INFORMATION ON EMPLOYMENT

16 AND EARNINGS OUTCOMES.—Section 411(c) (42 U.S.C. 

17 611(c)) is amended to read as follows: 

18 ‘‘(c) REPORTING OF INFORMATION ON EMPLOYMENT

19 AND EARNINGS OUTCOMES.—The Secretary, in consulta20 tion with the Secretary of Labor, shall determine the in21 formation that is necessary to compute the employment 

22 and earnings outcomes and the statistical adjustment 

23 model for the employment and earnings outcomes required 

24 under section 407, and each eligible State shall collect and 

25 report that information to the Secretary.’’. 


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1 SEC. 16. TECHNICAL CORRECTIONS TO DATA EXCHANGE 

2 STANDARDS TO IMPROVE PROGRAM COORDI3 NATION. 

4 (a) IN GENERAL.—Section 411(d) (42 U.S.C. 

5 611(d)) is amended to read as follows: 

6 ‘‘(d) DATA EXCHANGE STANDARDS FOR IMPROVED

7 INTEROPERABILITY.— 

8 ‘‘(1) DESIGNATION.—The Secretary shall, in 

9 consultation with an interagency work group estab10 lished by the Office of Management and Budget and 

11 considering State government perspectives, by rule, 

12 designate data exchange standards to govern, under 

13 this part— 

14 ‘‘(A) necessary categories of information 

15 that State agencies operating programs under 

16 State plans approved under this part are re17 quired under applicable Federal law to elec18 tronically exchange with another State agency; 

19 and 

20 ‘‘(B) Federal reporting and data exchange 

21 required under applicable Federal law. 

22 ‘‘(2) REQUIREMENTS.—The data exchange 

23 standards required by paragraph (1) shall, to the ex24 tent practicable— 


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1 ‘‘(A) incorporate a widely accepted, non2 proprietary, searchable, computer-readable for3 mat, such as the eXtensible Markup Language; 

4 ‘‘(B) contain interoperable standards devel5 oped and maintained by intergovernmental 

6 partnerships, such as the National Information 

7 Exchange Model; 

8 ‘‘(C) incorporate interoperable standards 

9 developed and maintained by Federal entities 

10 with authority over contracting and financial 

11 assistance; 

12 ‘‘(D) be consistent with and implement ap13 plicable accounting principles; 

14 ‘‘(E) be implemented in a manner that is 

15 cost-effective and improves program efficiency 

16 and effectiveness; and 

17 ‘‘(F) be capable of being continually up18 graded as necessary. 

19 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

20 this subsection shall be construed to require a 

21 change to existing data exchange standards found to 

22 be effective and efficient.’’. 

23 (b) EFFECTIVE DATE.—Not later than the date that 

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1 tion, the Secretary of Health and Human Services shall 

2 issue a proposed rule that— 

3 (1) identifies federally required data exchanges, 

4 include specification and timing of exchanges to be 

5 standardized, and address the factors used in deter6 mining whether and when to standardize data ex7 changes; and 

8 (2) specifies State implementation options and 

9 describes future milestones. 

10 SEC. 17. SET-ASIDE FOR ECONOMIC DOWNTURNS. 

11 Section 404(e) (42 U.S.C. 604(e)) is amended to read 

12 as follows: 

13 ‘‘(e) DEADLINES FOR OBLIGATION AND EXPENDI14 TURES OF FUNDS BY STATES.— 

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (2), a State to which a grant is made under 

17 section 403(a)(1) shall obligate the funds within 2 

18 years after the date the funds are made available, 

19 and shall expend the funds within 3 years after such 

20 date. 

21 ‘‘(2) EXCEPTION FOR LIMITED AMOUNT OF

22 FUNDS SET ASIDE FOR FUTURE USE.— 

23 ‘‘(A) IN GENERAL.—A State to which 

24 funds are paid under section 403(a)(1) may re25 serve not more than 15 percent of the funds for 


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1 use in the State program funded under this 

2 part without fiscal year limitation. 

3 ‘‘(B) NOTICE OF INTENT TO RESERVE

4 FUNDS.—A State that intends to reserve funds 

5 paid to the State under section 402(a)(1) shall 

6 notify the Secretary of the intention not later 

7 than the end of the period in which the funds 

8 are available for obligation without regard to 

9 subparagraph (A) of this paragraph.’’. 

10 SEC. 18. DEFINITIONS RELATED TO USE OF FUNDS. 

11 Section 419 (42 U.S.C. 619) is amended by adding 

12 at the end the following: 

13 ‘‘(6) ASSISTANCE.—The term ‘assistance’ 

14 means cash, payments, vouchers, and other forms of 

15 benefits designed to meet a family’s ongoing basic 

16 needs (such as for food, clothing, shelter, utilities, 

17 household goods, personal care items, and general 

18 incidental expenses). 

19 ‘‘(7) WORK SUPPORTS.—The term ‘work sup20 ports’ means assistance and non-assistance transpor21 tation benefits (such as the value of allowances, bus 

22 tokens, car payments, auto repair, auto insurance 

23 reimbursement, and van services) provided in order 

24 to help families obtain, retain, or advance in employ25 ment, participate in work activities (as defined in 


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1 section 407(d)), or as a non-recurrent, short-term 

2 benefit, including goods provided to individuals in 

3 order to help them obtain or maintain employment 

4 (such as tools, uniforms, fees to obtain special li5 censes, bonuses, incentives, and work support allow6 ances and expenditures for job access). 

7 ‘‘(8) SUPPORTIVE SERVICES.—The term ‘sup8 portive services’ means services such as domestic vio9 lence services, and mental health, substance abuse 

10 and disability services, housing counseling services, 

11 and other family supports, except to the extent that 

12 the provision of the service would violate section 

13 408(a)(6). 

14 ‘‘(9) JOBS BENEFIT.—The term ‘JOBS ben15 efit’ means— 

16 ‘‘(A) assistance; or 

17 ‘‘(B) wage subsidies that are paid, with 

18 funds provided under section 403(a) or with 

19 qualified State expenditures, with respect to a 

20 person who— 

21 ‘‘(i) was a work-eligible individual (as 

22 defined in the regulations promulgated 

23 pursuant to section 407(i)(1)(A)(i)) at the 

24 time of entry into subsidized employment, 


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1 such as on-the-job training or apprentice2 ship; and 

3 ‘‘(ii) is not receiving assistance.’’. 

4 SEC. 19. ELIMINATION OF OBSOLETE PROVISIONS. 

5 (a) ELIMINATION OF SUPPLEMENTAL GRANTS TO

6 STATES.—Section 403(a) (42 U.S.C. 603(a)) is amended 

7 by striking paragraph (3). 

8 (b) ELIMINATION OF BONUS TO REWARD HIGH PER9 FORMANCE STATES.— 

10 (1) IN GENERAL.—Section 403(a) (42 U.S.C. 

11 603(a)) is amended by striking paragraph (4). 

12 (2) CONFORMING AMENDMENT.—Section 

13 1108(a)(2) (42 U.S.C. 1308(a)(2)) is amended by 

14 striking ‘‘403(a)(4),’’. 

15 (c) ELIMINATION OF WELFARE-TO-WORK GRANTS.— 

16 (1) IN GENERAL.—Section 403(a) (42 U.S.C. 

17 603(a)) is amended by striking paragraph (5). 

18 (2) CONFORMING AMENDMENTS.— 

19 (A) ELIMINATION OF EXCLUSION FROM

20 TIME LIMIT.—Section 408(a)(7) (42 U.S.C. 

21 608(a)(7)) is amended by striking subpara22 graph (G). 

23 (B) ELIMINATION OF PENALTY FOR MIS24 USE OF COMPETITIVE WELFARE-TO-WORK

25 FUNDS.—Section 409(a)(1) (42 U.S.C. 


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•S 802 IS

1 609(a)(1)) is amended by striking subpara2 graph (C). 

3 (C) ELIMINATION OF EXCLUSION FROM

4 QUALIFIED STATE EXPENDITURES OF STATE

5 FUNDS USED TO MATCH WELFARE-TO-WORK

6 GRANT FUNDS.—Section 409(a)(7)(B)(iv) (42 

7 U.S.C. 609(a)(7)(B)(iv)) is amended in the 1st 

8 sentence— 

9 (i) by adding ‘‘or’’ at the end of sub10 clause (II); and 

11 (ii) by striking subclause (III) and re12 designating subclause (IV) as subclause 

13 (III). 

14 (D) ELIMINATION OF PENALTY FOR FAIL15 URE OF STATE TO MAINTAIN HISTORIC EFFORT

16 DURING YEAR IN WHICH WELFARE-TO-WORK

17 GRANT IS RECEIVED.—Section 409(a) (42 

18 U.S.C. 609(a)) is amended by striking para19 graph (13). 

20 (E) ELIMINATION OF REQUIREMENTS RE21 LATING TO WELFARE-TO-WORK GRANTS IN

22 QUARTERLY STATE REPORTS.—Section 411(a) 

23 (42 U.S.C. 611(a)), as amended by section 

24 15(a) of this Act, is amended— 


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•S 802 IS

1 (i) in paragraph (1), by striking ‘‘(ex2 cept for information relating to activities 

3 carried out under section 403(a)(5))’’; and 

4 (ii) in each of paragraphs (2) through 

5 (4), by striking the comma and all that fol6 lows and inserting a period. 

7 (F) INDIAN TRIBAL PROGRAMS.—Section 

8 412(a) (42 U.S.C. 612(a)) is amended by strik9 ing paragraph (3). 

10 (G) ELIMINATION OF REQUIREMENT TO

11 DISCLOSE CERTAIN INFORMATION TO PRIVATE

12 INDUSTRY COUNCIL RECEIVING WELFARE-TO13 WORK FUNDS.—Section 454A(f) (42 U.S.C. 

14 654a(f)) is amended by striking paragraph (5). 

15 (H) GRANTS TO TERRITORIES.—Section 

16 1108(a)(2) (42 U.S.C. 1308(a)(2)) is amended 

17 by striking ‘‘403(a)(5),’’. 

18 (d) ELIMINATION OF CONTINGENCY FUND.— 

19 (1) IN GENERAL.—Section 403 (42 U.S.C. 603) 

20 is amended by striking all of subsection (b) except 

21 paragraph (5). 

22 (2) CONFORMING AMENDMENTS.— 

23 (A) TRANSFER OF NEEDY STATE DEFINI24 TION.— 


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•S 802 IS

1 (i) IN GENERAL.—Paragraph (5) of 

2 section 403(b) (42 U.S.C. 603(b)(5)) is— 

3 (I) amended— 

4 (aa) in the matter preceding 

5 subparagraph (A), by striking 

6 ‘‘paragraph (4)’’ and inserting 

7 ‘‘subparagraph (C)’’; 

8 (bb) in each of subpara9 graphs (A) and (B), by redesig10 nating clauses (i) and (ii) as sub11 clauses (I) and (II), respectively; 

12 (cc) by redesignating sub13 paragraphs (A) and (B) as 

14 clauses (i) and (ii), respectively; 

15 (dd) by redesignating such 

16 paragraph as subparagraph (D); 

17 and 

18 (ee) by moving each provi19 sion 2 ems to the right; and 

20 (II) as so amended, hereby trans21 ferred into section 409(a)(3) (42 

22 U.S.C. 609(a)(3)) and added to the 

23 end of such section. 

24 (ii) CONFORMING AMENDMENT.—Sec25 tion 409(a)(3)(C) (42 U.S.C. 


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•S 802 IS

1 609(a)(3)(C)) is amended by striking ‘‘(as 

2 defined in section 403(b)(5))’’. 

3 (B) ELIMINATION OF PENALTY FOR FAIL4 URE OF STATE RECEIVING AMOUNTS FROM

5 CONTINGENCY FUND TO MAINTAIN 100 PER6 CENT OF HISTORIC EFFORT.—Section 409(a) 

7 (42 U.S.C. 609(a)) is amended by striking 

8 paragraph (10). 

9 (e) CONFORMING AMENDMENTS RELATED TO ELIMI10 NATION OF FEDERAL LOANS FOR STATE WELFARE PRO11 GRAMS.— 

12 (1) ELIMINATION OF ASSOCIATED PENALTY

13 PROVISION.— 

14 (A) IN GENERAL.—Section 409(a) (42 

15 U.S.C. 609(a)) is amended by striking para16 graph (6). 

17 (B) CONFORMING AMENDMENTS.—Section 

18 412(g)(1) (42 U.S.C. 612(g)(1)) is amended by 

19 striking ‘‘(a)(6),’’. 

20 (2) ELIMINATION OF PROVISION PROVIDING

21 FOR TRIBAL ELIGIBILITY.—Section 412 (42 U.S.C. 

22 612) is amended by striking subsection (f). 

23 (3) ELIMINATION OF DISREGARD OF LOAN IN

24 APPLYING LIMIT ON PAYMENTS TO THE TERRIVerDate Sep 11 2014 00:42 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S802.IS S802

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•S 802 IS

1 TORIES.—Section 1108(a)(2) (42 U.S.C. 

2 1308(a)(2)) is amended by striking ‘‘406,’’. 

3 (f) ELIMINATION OF LIMITATIONS ON OTHER STATE

4 PROGRAMS FUNDED WITH QUALIFIED STATE EXPENDI5 TURES.— 

6 (1) The following provisions are each amended 

7 by striking ‘‘or any other State program funded with 

8 qualified State expenditures (as defined in section 

9 409(a)(7)(B)(i))’’: 

10 (A) Paragraphs (1) and (2) of section 

11 407(e) (42 U.S.C. 607(e)(1) and (2)). 

12 (B) Section 411(a)(1) (42 U.S.C. 

13 611(a)(1)), as amended by section 

14 15(a)(3)(A)(i) of this Act. 

15 (C) Subsections (d) and (e)(1) of section 

16 413 (42 U.S.C. 613(d) and (e)(1)). 

17 (2) Section 413(a) (42 U.S.C. 613(a)) is 

18 amended by striking ‘‘and any other State program 

19 funded with qualified State expenditures (as defined 

20 in section 409(a)(7)(B)(i))’’. 

21 (g) CONFORMING AMENDMENTS RELATED TO ELIMI22 NATION OF REPORT.— 

23 (1) IN GENERAL.—Section 409(a)(2) (42 

24 U.S.C. 609(a)(2)) is amended— 


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•S 802 IS

1 (A) in the paragraph heading, by inserting 

2 ‘‘QUARTERLY’’ before ‘‘REPORT’’; 

3 (B) in subparagraph (A)(ii), by striking 

4 ‘‘clause (i)’’ and inserting ‘‘subparagraph (A)’’; 

5 (C) by striking ‘‘(A) QUARTERLY RE6 PORTS.—’’; 

7 (D) by striking subparagraph (B); and 

8 (E) by redesignating clauses (i) and (ii) of 

9 subparagraph (A) as subparagraphs (A) and 

10 (B), respectively (and adjusting the margins ac11 cordingly). 

12 (2) CONFORMING AMENDMENTS.— 

13 (A) Section 409(b)(2) (42 U.S.C. 

14 609(b)(2)) is amended by striking ‘‘and,’’ and 

15 all that follows and inserting a period. 

16 (B) Section 409(c)(4) (42 U.S.C. 

17 609(c)(4)) is amended by striking ‘‘(2)(B),’’. 

18 (h) ANNUAL REPORTS TO CONGRESS.—Section 

19 411(b)(1)(A) (42 U.S.C. 611(b)(1)(A)) is amended by 

20 striking ‘‘participation rates’’ and inserting ‘‘outcome 

21 measures’’. 

22 (i) REDUCTION IN FORCE PROVISIONS.—Section 

23 416(a) (42 U.S.C. 616(a)), as so designated by section 

24 14(b)(1)(A) of this Act, is amended by striking ‘‘, and the 

25 Secretary’’ and all that follows and inserting a period. 


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•S 802 IS

1 (j) CONFORMING CROSS-REFERENCES.— 

2 (1) Section 409 (42 U.S.C. 609) is amended— 

3 (A) in subsection (a)(7)(B)(i)(III), by 

4 striking ‘‘(12)’’ and inserting ‘‘(10)’’; 

5 (B) in subsection (a) (as amended by sub6 sections (c)(2)(D), (d)(2)(B), and (e)(1)(A) of 

7 this section), by redesignating paragraphs (7), 

8 (8), (9), (11), (12), (14), (15), and (16) as 

9 paragraphs (6) through (13), respectively; 

10 (C) in subsection (b)(2), by striking ‘‘(8), 

11 (10), (12), or (13)’’ and inserting ‘‘or (10)’’; 

12 and 

13 (D) in subsection (c)(4), by striking ‘‘(8), 

14 (10), (12), (13), or (16)’’ and inserting ‘‘(10), 

15 or (13)’’. 

16 (2) Section 452 (42 U.S.C. 652) is amended in 

17 each of subsections (d)(3)(A)(i) and (g)(1) by strik18 ing ‘‘409(a)(8)’’ and inserting ‘‘409(a)(7)’’. 

19 (k) MODIFICATIONS TO MAINTENANCE-OF-EFFORT

20 REQUIREMENT.—Section 409(a)(6)(B)(i) (42 U.S.C. 

21 609(a)(6)(B)(i)), as redesignated by subsection (j)(1)(B) 

22 of this section, is amended— 

23 (1) in subclause (I)— 


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•S 802 IS

1 (A) in the matter preceding item (aa), by 

2 striking ‘‘all State programs’’ and inserting 

3 ‘‘the State program funded under this part’’; 

4 (B) by redesignating items (dd) and (ee) 

5 as items (ee) and (ff), respectively, and insert6 ing after item (cc) the following: 

7 ‘‘(dd) Expenditures for a 

8 purpose described in paragraph 

9 (3), (4), or (5) of section 

10 401(a).’’; and 

11 (C) in item (ee) (as so redesignated), by 

12 striking ‘‘and (ee)’’ and inserting ‘‘(dd), and 

13 (ff)’’; 

14 (2) by striking subclause (V); and 

15 (3) in subclause (IV), by inserting ‘‘, except any 

16 of such families whose monthly income exceeds twice 

17 the poverty line (as defined by the Office of Manage18 ment and Budget, and revised annually in accord19 ance with section 673(2) of the Omnibus Budget 

20 Reconciliation Act of 1981 (42 U.S.C. 9902(2)))’’ 

21 before the period. 


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•S 802 IS

1 SEC. 20. EFFECTIVE DATE. 

2 Except as provided in sections 5(g), 11(b) and 13(b), 

3 the amendments made by this Act shall take effect on Oc4 tober 1, 2019. 

Æ 


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