I 

116TH CONGRESS 

1ST SESSION H. R. 556 

To amend the Social Security Act to establish a new employment, training, 

and supportive services program for the long-term unemployed and individuals with barriers to employment, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 15, 2019 

Mr. DANNY K. DAVIS of Illinois (for himself, Ms. SEWELL of Alabama, Mr. 

SUOZZI, Mr. BLUMENAUER, Mr. BRENDAN F. BOYLE of Pennsylvania, 

and Mr. EVANS) introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend the Social Security Act to establish a new employment, training, and supportive services program for the 

long-term unemployed and individuals with barriers to 

employment, 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; AMENDMENT TO SOCIAL SECU4 RITY ACT; TABLE OF CONTENTS. 

5 (a) SHORT TITLE.—This Act may be cited as the 

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1 ing and Employment Act of 2019’’ or the ‘‘ELEVATE 

2 Act of 2019’’. 

3 (b) AMENDMENTS TO SOCIAL SECURITY ACT.—Ex4 cept as otherwise specifically provided, whenever in this 

5 Act an amendment is expressed in terms of an amendment 

6 to or repeal of a section or other provision, the reference 

7 shall be considered to be made to that section or other 

8 provision of the Social Security Act. 

9 (c) TABLE OF CONTENTS.—The table of contents for 

10 this Act is as follows: 

Sec. 1. Short title; amendment to social security act; table of contents. 

Sec. 2. Employment, training, and supportive services program. 

Sec. 3. Self-employment assistance benefits and relocation assistance benefits. 

Sec. 4. Employee retention work opportunity credit. 

Sec. 5. Conforming amendments. 

Sec. 6. Effective date; regulations. 

11 SEC. 2. EMPLOYMENT, TRAINING, AND SUPPORTIVE SERV12 ICES PROGRAM. 

13 (a) ESTABLISHMENT.—The Social Security Act (42 

14 U.S.C. 301 et seq.) is amended by inserting after title XII 

15 the following: 


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1 ‘‘TITLE XIII—REEMPLOYMENT 

2 AND OTHER JOB-RELATED 

3 ASSISTANCE AND BENEFITS 

4 ‘‘PART A—EMPLOYMENT, TRAINING, AND 

5 SUPPORTIVE SERVICES PROGRAM 

6 ‘‘SEC. 1301. PURPOSE; DEFINITIONS; ADMINISTRATION. 

7 ‘‘(a) PURPOSE.—The purpose of this part is to pro8 vide funds to States to initiate and expand the provision 

9 of employment services, training and other services and 

10 activities, and supportive services for eligible individuals 

11 in order to— 

12 ‘‘(1) promote subsidized employment programs 

13 for public, private for-profit, private non-profit, and 

14 social enterprise sector jobs; 

15 ‘‘(2) expand the availability of jobs during eco16 nomic downturns or in areas with persistently high 

17 unemployment or poverty; 

18 ‘‘(3) provide economically and socially disadvan19 taged individuals (such as the long-term unem20 ployed, people with criminal records, former foster 

21 youth, and other economically and socially disadvan22 taged populations) with the ability to gain job expe23 rience; 

24 ‘‘(4) provide employers with new pathways into 

25 the workforce development system enabling them to 


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1 have a greater role in the training and hiring of new 

2 workers and labor market re-entrants; and 

3 ‘‘(5) allow for sufficient State flexibility to de4 sign programs targeted at community-specific work5 force gaps and employer needs. 

6 ‘‘(b) DEFINITIONS.—In this part: 

7 ‘‘(1) ADULT AND DISLOCATED WORKER EM8 PLOYMENT AND TRAINING ACTIVITIES.—The term 

9 ‘adult and dislocated worker employment and train10 ing activities’ means adult and dislocated worker 

11 employment and training activities funded under 

12 chapter 3 of subtitle B of title I of the Workforce 

13 Innovation and Opportunity Act. 

14 ‘‘(2) DISLOCATED WORKER.—The term ‘dis15 located worker’ has the meaning given that term in 

16 section 3 of the Workforce Innovation and Oppor17 tunity Act. 

18 ‘‘(3) ELIGIBLE INDIVIDUAL.—The term ‘eligible 

19 individual’ means an individual who, on the basis of 

20 an assessment by the State, has been determined to 

21 be unlikely to find unsubsidized employment due 

22 to— 

23 ‘‘(A) being an individual with a barrier to 

24 employment; 

25 ‘‘(B) being a dislocated worker; or 


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1 ‘‘(C) local or national economic conditions. 

2 ‘‘(4) EMPLOYMENT SERVICES.—The term ‘em3 ployment services’ means a subsidized job placement 

4 in the public, private for-profit, private non-profit, or 

5 social enterprise sector and includes payment or re6 imbursement of employer subsidies for wages, the 

7 employer share of payroll taxes, employer costs for 

8 unemployment insurance, employer costs for work9 ers’ compensation premiums, and costs attributable 

10 to supervision and other administration directly re11 lated to the employment of an eligible individual in 

12 the subsidized job placement. 

13 ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ 

14 has the meaning given that term in section 419(4). 

15 ‘‘(6) INDIVIDUAL WITH A BARRIER TO EMPLOY16 MENT.—The term ‘individual with a barrier to em17 ployment’ has the meaning given that term in sec18 tion 3 of the Workforce Innovation and Opportunity 

19 Act and includes an individual who is an offender 

20 (as defined in such section). 

21 ‘‘(7) INTEGRATED EDUCATION AND TRAIN22 ING.—The term ‘integrated education and training’ 

23 has the meaning given that term in section 3 of the 

24 Workforce Innovation and Opportunity Act. 


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1 ‘‘(8) PAYROLL TAXES.—The term ‘payroll 

2 taxes’ means taxes under section 3111, 3221, 3301, 

3 or 3321 of the Internal Revenue Code of 1986, and 

4 any similar State or local tax imposed on employers. 

5 ‘‘(9) SUPPORTIVE SERVICES.— 

6 ‘‘(A) IN GENERAL.—The term ‘supportive 

7 services’ has the meaning given that term in 

8 section 3 of the Workforce Innovation and Op9 portunity Act. 

10 ‘‘(B) ADDITIONAL SERVICES.—Such term 

11 includes any of the following: 

12 ‘‘(i) Stipends for an eligible individual 

13 provided with unpaid training services. 

14 ‘‘(ii) Legal services. 

15 ‘‘(iii) Other supplemental services nec16 essary for an eligible individual to partici17 pate in the State program funded under 

18 this part. 

19 ‘‘(10) STATE EXPENDITURES.—The term ‘State 

20 expenditures’ means all State or local funds that are 

21 expended by the State or a local agency including 

22 State or local funds that are matched or reimbursed 

23 by the Federal Government and State or local funds 

24 that are not matched or reimbursed by the Federal 

25 Government. 


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1 ‘‘(11) TIER-1 PRACTICE.—Subject to subsection 

2 (c), the term ‘tier-1 practice’ means a practice 

3 that— 

4 ‘‘(A) offers a new or potentially more effec5 tive strategy for addressing widely shared chal6 lenges; 

7 ‘‘(B) has not been systematically studied 

8 but is supported by a strong logic model; and 

9 ‘‘(C) is a departure from existing work10 force strategies. 

11 ‘‘(12) TIER-2 PRACTICE.—Subject to subsection 

12 (c), the term ‘tier-2 practice’ means a practice that 

13 will expand knowledge about the efficacy of a work14 force strategy and provide more information about 

15 the feasibility of implementing proven workforce 

16 strategies in different contexts and is, with respect 

17 to a State— 

18 ‘‘(A) a practice that has been implemented 

19 by a State program and evaluated by a State or 

20 by a neutral third party and the evaluation re21 sults indicate some potential for positive im22 pacts on participant or system-wide outcomes; 

23 or 

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1 ported by strong evidence of positive change 

2 and has been evaluated before using an out3 come, quasi-experimental, or random assign4 ment design, and evaluation findings indicate 

5 some statistically significant positive change. 

6 ‘‘(13) TIER-3 PRACTICE.—Subject to subsection 

7 (c), the term ‘tier-3 practice’ means with respect to 

8 a State, a practice that— 

9 ‘‘(A) previously has been implemented by a 

10 program funded by a State; and 

11 ‘‘(B) previously has been evaluated using a 

12 random assignment design and the evaluation 

13 findings indicate some positive impacts on par14 ticipant or system wide outcomes. 

15 ‘‘(14) TRAINING AND OTHER SERVICES OR AC16 TIVITIES.—The term ‘training and other services or 

17 activities’ means any of the following services or ac18 tivities if provided in conjunction with a subsidized 

19 job placement and determined by the State as nec20 essary to significantly increase the likelihood that 

21 the job placement will be successful for the employer 

22 and employee and may improve the prospect of ob23 taining and retaining unsubsidized jobs: 


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1 ‘‘(A) Services provided through adult and 

2 dislocated worker employment and training ac3 tivities. 

4 ‘‘(B) Integrated education and training. 

5 ‘‘(C) Education directly related to employ6 ment. 

7 ‘‘(D) Vocational and employment services 

8 integrated with trauma-informed substance use 

9 disorder treatment, in collaboration with a sub10 stance use disorder treatment provider. 

11 ‘‘(E) Casework and job coaching. 

12 ‘‘(F) Union-provided job training services. 

13 ‘‘(c) OUTCOME MEASURES REQUIRED.—A practice 

14 shall not be considered to be a tier-1, tier-2, or tier-3 prac15 tice unless the practice is intended, studied, or evaluated 

16 for purposes of making meaningful improvements in vali17 dated measures of important outcomes for eligible individ18 uals and their families, such as recidivism, health, employ19 ment, and economic well-being over the short and long20 term. 

21 ‘‘(d) ADMINISTRATION.—Subject to section 1302(d), 

22 the program under this part shall be administered by the 

23 Secretary through the Assistant Secretary for the Admin24 istration for Children and Families within the Department 


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1 of Health and Human Services and in consultation with 

2 the Secretary of Labor and the Secretary of Education. 

3 ‘‘(e) STATE ENTITLEMENT.—This part constitutes 

4 budget authority in advance of appropriations Acts and 

5 represents the obligation of the Federal Government to 

6 provide payments to States under section 1304(a). 

7 ‘‘SEC. 1302. STATE PLAN REQUIREMENTS. 

8 ‘‘(a) IN GENERAL.—A State is not eligible for pay9 ment under section 1304 unless the State has submitted 

10 to the Secretary a plan that describes— 

11 ‘‘(1) the State’s strategy for creating or ex12 panding programs that offers subsidized employment 

13 for eligible individuals and moving such individuals 

14 into unsubsidized employment; 

15 ‘‘(2) how such strategy fits with the State’s 

16 overall strategy for, and assessment of, the State’s 

17 workforce needs; 

18 ‘‘(3) the employment services, training and 

19 other services or activities, and supportive services to 

20 be provided under the State program funded under 

21 this part; 

22 ‘‘(4) which specific populations of eligible indi23 viduals the State will serve, with a focus on how the 

24 State plans to assess and serve the eligible individ25 uals with serious or multiple barriers to employment; 


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1 ‘‘(5) the strategies the State will use for out2 reach and engagement with the populations specified 

3 under paragraph (4) to ensure that such populations 

4 are aware of subsidized employment opportunities in 

5 their community; 

6 ‘‘(6) the strategies the State will use for out7 reach, engagement, and ongoing collaboration with 

8 employers to promote employers’ use of the program 

9 and ensure they have the training necessary to sup10 port eligible individuals; 

11 ‘‘(7) the strategies the State will use, based on 

12 such assessments, to create employability plans for 

13 eligible individuals participating in the State pro14 gram funded under this part and, based on such 

15 plans, assign and provide eligible individuals with 

16 employment services, training and other services and 

17 activities, and supportive services; 

18 ‘‘(8) how the State will coordinate the State 

19 program funded under this part with other relevant 

20 systems and programs based on the populations 

21 identified which may include criminal justice, child 

22 support, juvenile justice, child welfare, homeless 

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1 grams supported through the Workforce Innovation 

2 and Opportunity Act; 

3 ‘‘(9) how the State will ensure employers par4 ticipating in the program comply with the non-dis5 placement requirements of section 1305(c); and 

6 ‘‘(10) a plan for regular, rigorous evaluation of 

7 the State program funded under this part, including 

8 how the State plans to measure program outcomes 

9 and impacts. 

10 ‘‘(b) OTHER REQUIREMENTS.—The State shall in11 clude with the plan a certification that supportive services 

12 for eligible individuals will supplement, and not supplant, 

13 other assistance provided by the State. 

14 ‘‘(c) DEADLINES FOR SUBMISSION.— 

15 ‘‘(1) INITIAL PLAN.—The initial State plan 

16 under this section shall be submitted by the State 

17 agency or agencies responsible for administering the 

18 State program under this part to the Secretary and, 

19 as appropriate, to the Secretary of Labor and the 

20 Secretary of Education, not later than 90 days prior 

21 to the commencement of the State program funded 

22 under this part and shall be for the period beginning 

23 on the first day of the commencement of the State 

24 program funded under the part and ending on the 

25 day that is the last day of the period covered by the 


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1 unified State plan or combined State plan submitted 

2 by the State under section 102 or 103 of the Work3 force Innovation and Opportunity Act that is in ef4 fect as of the date of submission. 

5 ‘‘(2) SUBSEQUENT PLANS.—Each State plan 

6 submitted under this section after the initial State 

7 plan shall be submitted at the same time, in the 

8 same manner, and apply for the same period, as a 

9 unified State plan or a combined State plan sub10 mitted by the State under section 102 or 103 of the 

11 Workforce Innovation and Opportunity Act. 

12 ‘‘(3) APPROVAL.—Each State plan submitted 

13 under this section by the State agency or agencies 

14 responsible for administering the State program 

15 under this part, and any amendments to the plan, 

16 shall be subject to the approval of the Secretary, in 

17 consultation with the Secretary of Labor or the Sec18 retary of Education as appropriate. 

19 ‘‘(d) STATE AGENCY.—At the option of the State, the 

20 program funded under this part shall be administered by 

21 the lead State agency responsible for administering the 

22 State program funded under part A of title IV, the lead 

23 State agencies responsible for administering the adult and 

24 dislocated worker employment and training activities of 

25 the State, or jointly by such agencies. 


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1 ‘‘SEC. 1303. USE OF FUNDS. 

2 ‘‘(a) AUTHORIZED USES.— 

3 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 

4 State shall use funds paid under section 1304 to 

5 provide eligible individuals with— 

6 ‘‘(A) employment services; 

7 ‘‘(B) training and other services and activi8 ties; and 

9 ‘‘(C) supportive services while eligible indi10 viduals are provided with employment services 

11 and training and other services and activities. 

12 ‘‘(2) SPENDING REQUIREMENT.—Not less than 

13 70 percent of the total amount paid to a State for 

14 a fiscal year quarter shall be for expenditures attrib15 utable to employment services that are payment for 

16 or reimbursement of employer costs for wages, the 

17 employer share of payroll taxes, employer costs for 

18 unemployment insurance, employer costs for work19 ers’ compensation premiums, or costs for employer20 provided on-the-job training for subsidized job place21 ments of eligible individuals. 

22 ‘‘(3) TRAINING.—A State may use such funds 

23 for training employers, agency personnel, and other 

24 individuals related to the administration of the State 

25 program funded under this part on issues related to 

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1 ices, training and other services and activities, and 

2 supportive services. 

3 ‘‘(4) ADMINISTRATIVE COSTS.—Subject to sec4 tion 1304(e), a State may use such funds for the 

5 proper and efficient administration of the State pro6 gram funded under this part. 

7 ‘‘(b) EVIDENCE-BASED PRACTICES AND ACTUAL JOB

8 PLACEMENTS REQUIRED.— 

9 ‘‘(1) IN GENERAL.—Subject to paragraph (3), 

10 only State expenditures for employment services, 

11 training and other services and activities, and sup12 portive services provided to eligible individuals that 

13 meet the following conditions shall be eligible for a 

14 Federal matching payment under section 1304: 

15 ‘‘(A) The employment services, training 

16 and other services and activities, supportive 

17 services are provided in accordance with prac18 tices that meet the requirements for being con19 sidered a tier-1, tier-2, or tier-3 practice. 

20 ‘‘(B) The State can demonstrate that the 

21 employment services, training and other serv22 ices and activities, and supportive services pro23 vided for an eligible individual directly resulted 

24 in employment (subsidized or unsubsidized) for 

25 the eligible individual, or can demonstrate good 


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1 cause for why the job placement or employment 

2 did not occur, which may include the failure of 

3 an employer or an eligible individual to carry 

4 out the employer’s or individual’s commitments 

5 to the State program. 

6 ‘‘(2) TIER-2 OR TIER-3 PRACTICES.—Beginning 

7 with the 21st fiscal year quarter for which the State 

8 carries out the program funded under this part, not 

9 less than 50 percent of the total amount expended 

10 by the State for the quarter shall be for employment 

11 services, training and other services and activities, 

12 and supportive services provided in accordance with 

13 practices that meet the requirements for being con14 sidered a tier-2 or tier-3 practice. 

15 ‘‘(3) PERIODS OF ECONOMIC DOWNTURN.—The 

16 Secretary may waive any of the limitations on eligi17 ble expenditures under paragraphs (1) and (2) with 

18 respect to 1 or more State programs funded under 

19 this part during any period of local or national eco20 nomic downturn (as defined by the Secretary). 

21 ‘‘(c) EVALUATIONS.—A State shall be eligible to re22 ceive a payment under section 1304 for expenditures at23 tributable to evaluating the State program funded under 

24 this part if— 


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1 ‘‘(1) the State submits to the Secretary a de2 scription of the proposed evaluation; and 

3 ‘‘(2) the Secretary determines that the design 

4 and approach of the proposed evaluation is rigorous, 

5 will measure program outcomes and impacts, and is 

6 likely to yield information that is credible and will 

7 be useful to the State. 

8 ‘‘SEC. 1304. PAYMENTS TO STATES. 

9 ‘‘(a) PAYMENTS TO STATES.—Subject to section 

10 1303 and subsections (b) and (c) of this section, beginning 

11 with the first fiscal year quarter for which a State plan 

12 is approved under this part, and for each quarter there13 after, the Secretary shall pay each State, out of any money 

14 in the Treasury not otherwise appropriated, an amount 

15 equal to the Federal medical assistance percentage that 

16 applies for the fiscal year to the State under section 

17 1905(b) (without regard to any adjustments to such per18 centage applicable under that section or any other provi19 sion of law) of the total amount expended by the State 

20 during the quarter to provide eligible individuals with em21 ployment services, training and other services and activi22 ties, and supportive services and, subject to subsection (e), 

23 for the proper and efficient administration of the program 

24 funded under this part. 


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1 ‘‘(b) INCREASED FEDERAL SUPPORT DURING ECO2 NOMIC DOWNTURNS.— 

3 ‘‘(1) INCREASED FMAP.— 

4 ‘‘(A) IN GENERAL.—Beginning with any 

5 fiscal year quarter for which the total unem6 ployment in a State (seasonally adjusted) for 

7 the period consisting of the most recent 3 

8 months for which data for all States are pub9 lished equals or exceeds the applicable percent10 age specified in paragraph (2), the Federal 

11 medical assistance percentage applicable to pay12 ments made under subsection (a) to the State 

13 for the quarter shall be increased by the appli14 cable number of percentage points specified in 

15 paragraph (2), except that in no case shall the 

16 Federal medical assistance percentage applica17 ble to payments under subsection (a) for a 

18 State for a quarter exceed 100 percent. 

19 ‘‘(B) DURATION.— 

20 ‘‘(i) IN GENERAL.—Subject to clause 

21 (ii), an increase in the Federal medical as22 sistance percentage made in accordance 

23 with this subsection shall remain in effect 

24 with respect to payments made to a State 


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1 under subsection (a) for at least 4 consecu2 tive fiscal year quarters. 

3 ‘‘(ii) ADDITIONAL INCREASE IN UNEM4 PLOYMENT.—If during the period for 

5 which the Federal medical assistance per6 centage for a State is increased under this 

7 subsection, the total unemployment in the 

8 State (seasonally adjusted) for the period 

9 consisting of the most recent 3 months for 

10 which data for all States are published ex11 ceeds the applicable total unemployment 

12 rate that was the basis for such increase, 

13 the increase in the Federal medical assist14 ance percentage shall be the applicable 

15 number of percentage points specified in 

16 paragraph (2) that corresponds to the 

17 most recent percentage of total unemploy18 ment in the State, beginning with the first 

19 fiscal year quarter for which such percent20 age of total unemployment occurs and con21 tinuing for 3 succeeding fiscal year quar22 ters. 

23 ‘‘(2) APPLICABLE PERCENTAGE; APPLICABLE

24 NUMBER OF PERCENTAGE POINTS.—For purposes of 

25 paragraph (1), if the total unemployment in a State 


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1 (seasonally adjusted) for the period consisting of the 

2 most recent 3 months for which data for all States 

3 are published is— 

4 ‘‘(A) equal to or greater than 6.5 percent 

5 but less than 7 percent, the applicable number 

6 of percentage points is 20; 

7 ‘‘(B) equal to or greater than 7 percent 

8 but less than 7.5 percent, the applicable num9 ber of percentage points is 30; 

10 ‘‘(C) equal to or greater than 7.5 percent 

11 but less than 8 percent, the applicable number 

12 of percentage points is 40; and 

13 ‘‘(D) equal to or greater than 8 percent, 

14 the applicable number of percentage points is 

15 50. 

16 ‘‘(c) MAINTENANCE OF EFFORT.—As a condition of 

17 receiving payments under this section for a fiscal year— 

18 ‘‘(1) the total amount of State expenditures for 

19 employment services, training and other services and 

20 activities, and supportive services provided through 

21 the adult and dislocated worker employment and 

22 training activities of the State for the fiscal year 

23 shall not be less than the amount of such expendi24 tures for fiscal year 2017; and 


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1 ‘‘(2) the total amount of State expenditures for 

2 work, education, and training activities and work 

3 supports under the State program funded under 

4 part A of title IV shall not be less than the total 

5 amount of such State expenditures for the preceding 

6 fiscal year. 

7 ‘‘(d) ADMINISTRATION OF PAYMENTS WITH TITLE

8 IV–A.—Section 405 shall apply to payments made to 

9 States under this part in the same manner as section 405 

10 applies to payments made to States under State programs 

11 funded under part A of title IV. 

12 ‘‘(e) LIMITATION.—Beginning with the fifth fiscal 

13 year quarter for which a State plan is approved under this 

14 part, and for each quarter thereafter, a State shall not 

15 receive a payment under this section for amounts ex16 pended by the State during the quarter for the proper and 

17 efficient administration of the program funded under this 

18 part that exceed the amount equal to 15 percent of the 

19 amount expended by the State during the quarter to pro20 vide eligible individuals with employment services, training 

21 and other services and activities, and supportive services. 

22 ‘‘(f) PLANNING AND IMPLEMENTATION GRANTS; 

23 TECHNICAL ASSISTANCE.— 

24 ‘‘(1) IN GENERAL.—In addition to amounts 

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1 section (a), the Secretary shall make grants to 

2 States and Indian tribes (or intertribal consortiums 

3 with a tribal family assistance plan approved under 

4 section 412), for costs attributable to the planning 

5 and implementation of a State or tribal program 

6 funded under this part and shall provide technical 

7 assistance to States and Indian tribes with respect 

8 to the planning and implementation of such a pro9 gram. 

10 ‘‘(2) REQUIREMENTS.— 

11 ‘‘(A) COMMUNITY ENGAGEMENT.—As a 

12 condition of receiving a grant under this sub13 section, a State or Indian tribe shall engage 

14 local communities, including focus groups of 

15 target populations of eligible individuals and 

16 employers, in the planning and implementation 

17 of the State or tribal program funded under 

18 this part. 

19 ‘‘(B) 2-YEAR LIMIT.—No State or Indian 

20 tribe shall receive a grant under this subsection 

21 for more than 8 quarters. 

22 ‘‘(C) NO MATCHING PAYMENT RE23 QUIRED.—No matching payment shall apply to 

24 the grants made under this subsection. 


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1 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated to the Sec3 retary to carry out this subsection for each fiscal 

4 year beginning with fiscal year 2020, such sums as 

5 are necessary. 

6 ‘‘SEC. 1305. OTHER PROGRAM REQUIREMENTS. 

7 ‘‘(a) ASSESSMENT AND EMPLOYABILITY PLAN.—The 

8 State shall establish procedures to— 

9 ‘‘(1) assess, within 30 days of determining that 

10 an individual is an eligible individual, the eligible in11 dividual’s job skills, education, past work experience, 

12 and potential barriers to employment; and 

13 ‘‘(2) create, based on such assessment, an indi14 vidualized employability plan for each eligible indi15 vidual participating in the program that— 

16 ‘‘(A) specifies— 

17 ‘‘(i) the initial plan for the eligible in18 dividual, including whether the eligible in19 dividual is to be immediately begin working 

20 in a subsidized job or needs training and 

21 other services and activities or supportive 

22 services before that placement can occur; 

23 and 

24 ‘‘(ii) the employment services that will 

25 be provided to the eligible individual, as 


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1 well as the training and other services and 

2 activities, and supportive services that will 

3 be provided to the eligible individual while 

4 the eligible individual is working in a sub5 sidized job; and 

6 ‘‘(B) provides that, near the end of the in7 dividual’s initial placement in a subsidized job, 

8 an assessment will be made regarding whether 

9 the eligible individual will be converted to a per10 manent employee, and if not, the job search as11 sistance and additional employment services, 

12 training and other services and activities, and 

13 supportive services that will be provided to the 

14 eligible individual with the goal of obtaining 

15 and retaining unsubsidized employment. 

16 ‘‘(b) EMPLOYMENT STANDARDS AND CRITERIA FOR

17 SUBSIDIZED JOBS.— 

18 ‘‘(1) GENERAL REQUIREMENTS.—Any sub19 sidized job placement for an eligible individual par20 ticipating in the State program funded under this 

21 part shall satisfy the following requirements: 

22 ‘‘(A) Employment services that are pay23 ment for or reimbursement of employer costs 

24 may only be used by an employer in the public, 

25 private for-profit, private non-profit, or social 


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1 enterprise sector for such costs that are attrib2 utable to the hiring of, compensation for, or on3 the-job training of, the eligible individual. 

4 ‘‘(B) An employer in the public, private 

5 for-profit, private non-profit, or social enter6 prise sector shall not be paid a subsidy that ex7 ceeds 120 percent of wage costs. 

8 ‘‘(C) An eligible individual in a subsidized 

9 job placement shall be paid not less than the 

10 prevailing minimum wage in the relevant juris11 diction and shall be covered by all relevant 

12 labor and employment laws. 

13 ‘‘(D) Subject to paragraph (4), a sub14 sidized job placement for an eligible individual 

15 shall not exceed 6 months unless the placement 

16 is extended for not more than 6 additional 

17 months for purposes of improving the work ex18 perience, training and other services and activi19 ties, and supportive services needs of an eligible 

20 individual with less prior work experience, more 

21 skill development and training needs, or greater 

22 employment barriers. 

23 ‘‘(E) Employers participating in the State 

24 program agree to make a good faith effort to 

25 hire an eligible individual placed in a subsidized 


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1 job in their employment if the individual has 

2 demonstrated satisfactory performance and the 

3 employer has a relevant job opening available 

4 and to maintain a record of the share of sub5 sidized workers hired on a permanent basis. 

6 ‘‘(2) ADDITIONAL PLACEMENTS.—If, after com7 pleting a subsidized job placement, an eligible indi8 vidual is unemployed for at least 6 weeks (regardless 

9 of whether such weeks are consecutive), the eligible 

10 individual may apply for a new subsidized job place11 ment but the immediately subsequent placement 

12 may only be with a different public or private sector 

13 employer. 

14 ‘‘(3) STATE VARIATION PERMITTED.—Employer 

15 subsidies for a subsidized job placement may vary 

16 within a State and among States carrying out pro17 grams under this part provided that all eligible indi18 viduals employed in subsidized jobs shall be paid not 

19 less than the prevailing minimum wage in the rel20 evant jurisdiction and shall be covered by all rel21 evant labor and employment laws. 

22 ‘‘(4) EXCEPTIONS.—With respect to any period 

23 for which the total unemployment in a State (sea24 sonally adjusted) for the period consisting of the 

25 most recent 3 months for which data for all States 


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1 are published equals or exceeds 7.5 percent, the Sec2 retary may waive the limit on the duration of a sub3 sidized job placement under paragraph (1)(D). 

4 ‘‘(c) NONDISPLACEMENT.—A public or private sector 

5 employer shall not use an eligible individual subsidized job 

6 placement to— 

7 ‘‘(1) displace or replace an employee, position, 

8 or volunteer, or to partially displace or replace an 

9 employee, position, or volunteer, such as through a 

10 reduction in hours, wages, or employment benefits; 

11 or 

12 ‘‘(2) displace or replace an employee partici13 pating in a strike, collective bargaining or union ac14 tivities, or union organizing. 

15 ‘‘SEC. 1306. REPORTS; TECHNICAL ASSISTANCE; RESEARCH; 

16 AUDIT REQUIREMENT. 

17 ‘‘(a) QUARTERLY REPORTS.— 

18 ‘‘(1) STATE REPORTS.—A State shall submit 

19 with each quarterly report required under section 

20 411(a)(1) a report on the State program funded 

21 under this part that contains such data and infor22 mation as the Secretary shall require. 

23 ‘‘(2) REPORTS TO CONGRESS.—The Secretary 

24 shall submit with each annual report to Congress re25 quired under section 411(b) a report on the State 


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1 programs funded under this part, including dem2 onstration projects conducted under section 1309. 

3 ‘‘(b) ONGOING PERFORMANCE ASSESSMENT.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall study 

5 and submit annual reports to Congress that— 

6 ‘‘(A) measure the performances of the 

7 State programs funded under this part, includ8 ing demonstration projects conducted under 

9 section 1309; 

10 ‘‘(B) include information about the cat11 egories of individuals and employers served by 

12 such programs and projects; and 

13 ‘‘(C) describe the activities eligible individ14 uals engaged in during the year. 

15 ‘‘(2) TIMING OF SUBMISSIONS.—The Secretary 

16 shall submit the reports required by paragraph 

17 (1)— 

18 ‘‘(A) in the case of the first such report, 

19 2 years after the date on which the first State 

20 program funded under this part is established; 

21 and 

22 ‘‘(B) in the case of subsequent reports, an23 nually thereafter. 

24 ‘‘(c) ALIGNMENT WITH WORKFORCE INNOVATION

25 AND OPPORTUNITY ACT PROGRAMS.—The Secretary shall 


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1 coordinate with the Secretary of Labor on aligning per2 formance measures and regulations for the State pro3 grams funded under this part with the performance meas4 ures and regulations applicable to the core programs of 

5 States funded under the Workforce Innovation and Oppor6 tunity Act. 

7 ‘‘(d) INDIVIDUAL ELIGIBILITY ASSESSMENT GUID8 ANCE.—The Secretary, in consultation with the Secretary 

9 of Labor, shall study and issue guidance to States on best 

10 practices for assessing whether an individual satisfies the 

11 criteria for being an eligible individual under section 

12 1301(b)(3)(B) as being unlikely to find unsubsidized em13 ployment due to individual barriers, local economic condi14 tions, or national economic conditions. 

15 ‘‘(e) NEW PERFORMANCE MEASURES.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall create 

17 new performance measures that address income 

18 gains and poverty reduction for eligible individuals 

19 participating in the State program funded under this 

20 part and the families of such individuals. Such per21 formance measures shall be in addition to the per22 formance accountability measures under section 

23 116(b) of the Workforce Innovation and Opportunity 

24 Act for the adult and dislocated worker employment 


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1 and training activities of the State and aligned with 

2 the State program funded under this part. 

3 ‘‘(2) PROGRAM ACCESS.—The Secretary shall 

4 create a measure of program access to determine the 

5 extent to which States are serving individuals with 

6 the most significant barriers to employment and the 

7 portion of State caseloads that are made up of such 

8 workers. 

9 ‘‘(f) COORDINATION OF DATA COLLECTION.—The 

10 Secretary, in consultation with the Secretary of Labor, 

11 and, as appropriate, the Secretary of the Treasury and 

12 the Secretary of Education, shall determine the data 

13 States shall collect and report regarding the State pro14 gram funded under this part and the extent to which that 

15 data collection and reporting, and required evaluations, 

16 can be coordinated with the data collection, reporting, and 

17 evaluations required for the State program funded under 

18 part A of title IV and the performance accountability 

19 measures under section 116(b) of the Workforce Innova20 tion and Opportunity Act for the adult and dislocated 

21 worker employment and training activities of the State. 

22 ‘‘(g) FUNDING.—The Secretary shall use funding 

23 made available under section 413(h)(1) for research, tech24 nical assistance, and evaluation to conduct the perform25 ance assessments required under subsection (b). 


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1 ‘‘(h) INSPECTOR GENERAL AUDIT.—The Inspector 

2 General of the Department of Health and Human Services 

3 shall biennially audit a sample of the State programs 

4 funded under this part to ensure compliance with program 

5 requirements, including compliance with the nondisplace6 ment requirements of section 1305(c), and to identify and 

7 protect against any waste, fraud, or abuse in such pro8 grams. 

9 ‘‘SEC. 1307. DIRECT FUNDING AND ADMINISTRATION FOR 

10 PROGRAMS OPERATED BY INDIAN TRIBES. 

11 ‘‘(a) IN GENERAL.—An Indian tribe or intertribal 

12 consortium with a tribal family assistance plan approved 

13 under section 412 (or any Indian tribe that is a member 

14 of such a consortium) that proposes to establish a pro15 gram under this part shall submit an application to the 

16 Secretary to directly receive payments for expenditures 

17 made to carry out the program (in this section referred 

18 to as a ‘tribal program application’). 

19 ‘‘(b) TRIBAL PROGRAM APPLICATION REQUIRE20 MENTS.—Subject to subsection (c), a tribal program appli21 cation shall include a plan that meets the requirements 

22 of section 1302 in the same manner as such requirements 

23 apply to a State. 

24 ‘‘(c) PROGRAM REQUIREMENTS.—The program re25 quirements specified in this part shall apply to an Indian 


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1 tribe or intertribal consortium with a tribal program appli2 cation and plan approved under this section in the same 

3 manner as such requirements apply to a State except to 

4 the extent that an Indian tribe or intertribal consortium 

5 requests, and the Secretary approves, a waiver or modi6 fication of any such requirements. 

7 ‘‘(d) PAYMENTS.— 

8 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

9 the Secretary shall pay an Indian tribe or intertribal 

10 consortium with a tribal program application and 

11 plan approved under this section in the same man12 ner as States are paid under section 1304. 

13 ‘‘(2) APPLICATION OF TRIBAL FMAP.—The 

14 Federal medical assistance percentage that would 

15 apply under subsection (d) of section 479B if an In16 dian tribe or tribal consortium operated a program 

17 under that section (in this subsection referred to as 

18 the ‘tribal FMAP’), shall apply to payments made to 

19 the Indian tribe or tribal consortium for expendi20 tures attributable to carrying out a program under 

21 this part, unless the tribal FMAP is less than the 

22 Federal medical assistance percentage that applies 

23 to the State in which the Indian tribe or tribal con24 sortium is located in which case the State Federal 

25 medical assistance percentage shall apply. In the 


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1 case of an Indian tribe or tribal consortium that is 

2 located in more than 1 State, the State in which the 

3 Indian tribe or tribal consortium is located that has 

4 the highest Federal medical assistance percentage 

5 shall apply to the preceding sentence. 

6 ‘‘SEC. 1308. DIRECT FUNDING AND ADMINISTRATION FOR 

7 PROGRAMS OPERATED BY LOCAL GOVERN8 MENTS. 

9 ‘‘(a) IN GENERAL.—The Secretary shall establish 

10 procedures under which a local government, or a consor11 tium of local governments within a State, may submit an 

12 application to the Secretary to establish a program under 

13 this part and directly receive payments for expenditures 

14 made to carry out the program (in this section referred 

15 to as a ‘local government program application’), if the 

16 State in which the local government or consortium is lo17 cated does not elect to establish a State program under 

18 this part. 

19 ‘‘(b) LOCAL GOVERNMENT PROGRAM APPLICATION

20 REQUIREMENTS.—Subject to subsection (c), a local gov21 ernment program application shall include a plan that 

22 meets the requirements of section 1302 in the same man23 ner as such requirements apply to a State. 

24 ‘‘(c) PROGRAM REQUIREMENTS.—The program re25 quirements specified in this part shall apply to a local govVerDate Sep 11 2014 20:56 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H556.IH H556

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1 ernment or consortium with a local government program 

2 application and plan approved under this section in the 

3 same manner as such requirements apply to a State except 

4 to the extent that a local government or consortium re5 quests, and the Secretary approves, a waiver or modifica6 tion of any such requirements. 

7 ‘‘(d) PAYMENTS.—The Secretary shall pay a local 

8 government or consortium with a local government pro9 gram application and plan approved under this section in 

10 the same manner as the State in which the local govern11 ment or consortium is located would have been paid under 

12 section 1304 if the State had established a State program 

13 under this part. 

14 ‘‘SEC. 1309. PRO-WORKER EMPLOYERS DEMONSTRATION 

15 PROJECTS. 

16 ‘‘(a) AUTHORITY TO APPROVE DEMONSTRATION

17 PROJECTS.—The Secretary may authorize States to con18 duct demonstration projects pursuant to this section which 

19 the Secretary finds are likely to promote 1 or more of the 

20 purposes described in section 1301(a) through subsidized 

21 employment for eligible individuals working for certified 

22 pro-worker employers. 

23 ‘‘(b) CONDITIONS FOR STATE ELIGIBILITY.—A State 

24 may be authorized to conduct such demonstration project 

25 only if the State satisfies the following conditions: 


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1 ‘‘(1) The State submits an application to the 

2 Secretary, at such time, in such manner, and con3 taining the information specified in paragraph (2) 

4 and such other information as the Secretary re5 quires. 

6 ‘‘(2) The State includes the following informa7 tion in the application submitted to the Secretary: 

8 ‘‘(A) The criteria for being an eligible indi9 vidual if the State elects to include individuals 

10 not described in section 1301(b)(3). 

11 ‘‘(B) A description of the scientific or 

12 quasi-scientific design for the demonstration 

13 project that includes a randomized controlled 

14 trial or another valid control group. 

15 ‘‘(C) The outcome measures for evaluating 

16 the impact of the demonstration project that 

17 shall include, at a minimum, the following: 

18 ‘‘(i) The percentage of eligible individ19 uals who are in unsubsidized employment 

20 during the 2d quarter after exiting from 

21 the demonstration project. 

22 ‘‘(ii) The percentage of eligible indi23 viduals who are in unsubsidized employ24 ment during the 4th quarter after exiting 

25 from the demonstration project. 


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1 ‘‘(iii) The median earnings of eligible 

2 individuals who are in unsubsidized em3 ployment during the 2d quarter after 

4 exiting from the demonstration project. 

5 ‘‘(iv) Other measures of employment 

6 and earnings as specified by the Secretary 

7 which, to the greatest extent practicable, 

8 shall be based on the information required 

9 for State performance reports under sec10 tion 116(d)(2) of the Workforce Innovation 

11 and Opportunity Act (29 U.S.C. 

12 3141(d)(2)). 

13 ‘‘(c) WAIVER AUTHORITY.— 

14 ‘‘(1) IN GENERAL.—The Secretary may waive 

15 compliance with any requirement of this part or part 

16 A of title IV which (if applied) would prevent a 

17 State from carrying out a demonstration project 

18 under this section or prevent the State from effec19 tively achieving the purpose of such a project. 

20 ‘‘(2) COST AND BUDGET NEUTRALITY.—The 

21 Secretary shall not impose cost or budget neutrality 

22 requirement as a condition for approving a dem23 onstration project under this section. 

24 ‘‘(d) PAYMENT TO STATES.— 


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1 ‘‘(1) TREATMENT AS PROGRAM EXPENDI2 TURES.—The Secretary shall consider the expendi3 tures of any State to conduct a demonstration 

4 project under this section to be expenditures under 

5 this part. 

6 ‘‘(2) ENHANCED FMAP.—The enhanced FMAP 

7 described in the first sentence of section 2105(b) 

8 that is applicable to a State for a fiscal year shall 

9 apply to payments made to the State for a fiscal 

10 year quarter for expenditures to conduct a dem11 onstration project under this section in lieu of the 

12 Federal medical assistance percentage applicable to 

13 payments made under section 1304(a) to the State 

14 for the quarter. If the State is eligible for an in15 crease in the Federal medical assistance percentage 

16 applicable to payments under section 1304(a) in ac17 cordance with subsection (b) of section 1304, the en18 hanced FMAP applicable to the State for the fiscal 

19 year shall be used to determine the amount of the 

20 increase. 

21 ‘‘(e) DURATION OF DEMONSTRATION.—A demonstra22 tion project under this section may be conducted for such 

23 period of years as the Secretary and a State shall agree, 

24 but for not more than 5 years, unless in the judgment 


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1 of the Secretary, the demonstration project should be al2 lowed to continue. 

3 ‘‘(f) INDIAN TRIBES AND LOCAL GOVERNMENTS.— 

4 An Indian tribe or intertribal consortium approved for 

5 payments under section 1307 and a local government or 

6 a consortium of local governments within a State approved 

7 for payments under section 1308 may be considered a 

8 State for purposes of conducting a demonstration project 

9 under this section. 

10 ‘‘(g) PRO-WORKER EMPLOYER STANDARD.— 

11 ‘‘(1) ESTABLISHMENT OF STANDARD.—Not 

12 later than 2 years after the date of enactment of 

13 this part, the Secretary and the Secretary of Labor, 

14 jointly shall establish a standard for employers to 

15 meet in order to be a certified pro-worker employer 

16 for purposes of a demonstration project under this 

17 section. At a minimum, the standard shall require 

18 that an employer does the following: 

19 ‘‘(A) OFFER PREDICTABLY.—The employer 

20 has scheduling practices with predictable work 

21 hours. 

22 ‘‘(B) PROVIDE FAMILY-FRIENDLY BENE23 FITS.—The employer offers paid family and 

24 medical leave programs, paid sick days, health 

25 insurance, child care, paid time off, and other 


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1 benefits that contribute to work-life balance, 

2 and provides similar or portable benefits to 

3 freelance, independent contractors, consultants, 

4 outsourced and non-permanent workers, or 

5 other contingent workers. 

6 ‘‘(C) ENSURE ADEQUATE PAY.—The em7 ployer pays employees a living wage that en8 ables the employees to meet their basic needs 

9 and has policies to ensure fair compensation for 

10 freelance, independent contractors, consultants, 

11 outsourced and non-permanent workers, or 

12 other contingent workers by adopting clear con13 tractual language and committing to on-time 

14 payments. 

15 ‘‘(D) INVEST IN EMPLOYEE GROWTH AND

16 DEVELOPMENT.—The employer provides in17 house or through employee stipends and other 

18 financial assistance, access to education and 

19 training opportunities and promotes career 

20 pathways for entry-level workers which demon21 strably improve income and job responsibilities. 

22 ‘‘(E) REWARD WORKERS WHEN COMPANY

23 DOES WELL.—The employer has profit-sharing 

24 practices or other mechanisms that ensure 


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1 workers benefit when the company grows or in2 creases profits. 

3 ‘‘(2) PROCESS FOR CERTIFICATION.—The Sec4 retary of Labor, in consultation with the Secretary 

5 shall establish a process by which an employer may 

6 apply for and be issued a certification as a pro-work7 er employer. The process may allow for applications 

8 for certification to be considered and issued by a 

9 State, the Secretary of Labor, or the Secretary, or 

10 an entity under a contract or other arrangement 

11 with the Secretary of Labor. 

12 ‘‘(h) REPORTS AND PERFORMANCE ASSESSMENTS.— 

13 The Secretary shall report on and assess the demonstra14 tion projects conducted under this section as part of the 

15 reports and ongoing performance assessments required 

16 under section 1306. 

17 ‘‘(i) DEFINITIONS.—In this section: 

18 ‘‘(1) CERTIFIED PRO-WORKER EMPLOYER.— 

19 The term ‘certified pro-worker employer’ means an 

20 employer who has applied for and been issued a cer21 tification as having met the pro-worker employer 

22 standard established under subsection (g). 

23 ‘‘(2) ELIGIBLE INDIVIDUALS.—The term ‘eligi24 ble individuals’ has the meaning given that term in 

25 section 1301(b)(3) and includes individuals who 


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1 meet such other criteria and a State conducting a 

2 demonstration project under this section specifies 

3 and the Secretary approves.’’. 

4 (b) STUDY REGARDING INCENTIVES FOR ELEVATE 

5 PROGRAM PERFORMANCE.— 

6 (1) IN GENERAL.—The Secretary of Health and 

7 Human Services shall enter into an agreement with 

8 the National Academy of Sciences to evaluate State 

9 programs carried out under part A of title XIII of 

10 the Social Security Act (as added by subsection (a)), 

11 including demonstration projects conducted under 

12 section 1309 of that Act (as so added). The evalua13 tion shall analyze the relationships between engage14 ment, impacts, and outcome measures. The evalua15 tion shall also examine the issue of program per16 formance and include recommendations to Congress 

17 as to whether and how program performance could 

18 be tied to fiscal incentives. 

19 (2) REPORT.—Not later than 7 years after the 

20 date of enactment of this Act, the Secretary of 

21 Health and Human Services shall submit to Con22 gress a report containing the results of the evalua23 tion conducted under paragraph (1), together with 

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1 trative action as the Secretary determines appro2 priate. 

3 SEC. 3. SELF-EMPLOYMENT ASSISTANCE BENEFITS AND 

4 RELOCATION ASSISTANCE BENEFITS. 

5 (a) ESTABLISHMENT.—Title XIII, as added by sec6 tion 2(a), is amended by adding at the end the following: 

7 ‘‘PART B—SELF-EMPLOYMENT AND RELOCATION 

8 ASSISTANCE BENEFITS 

9 ‘‘SEC. 1321. SELF-EMPLOYMENT ASSISTANCE BENEFITS. 

10 ‘‘(a) IN GENERAL.—Every individual who— 

11 ‘‘(1) is determined to be an eligible self-employ12 ment assistance individual (as defined in section 

13 1325); and 

14 ‘‘(2) has filed an application for self-employ15 ment assistance under this title, 

16 shall be entitled to a self-employment assistance benefit 

17 for each week beginning with the first week in which such 

18 individual meets the criteria specified in paragraphs (1) 

19 and (2) and ending with the benefit termination week (as 

20 defined in section 1325) determined with respect to the 

21 individual. 

22 ‘‘(b) AMOUNT.— 

23 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

24 the self-employment assistance benefit for an individual shall be the amount equal to 1 25 ⁄2 of the averVerDate Sep 11 2014 20:56 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H556.IH H556

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1 age weekly earnings from the individual’s most re2 cent employment. 

3 ‘‘(2) MAXIMUM LIMIT.—The self-employment 

4 assistance benefit for any individual shall not exceed 

5 the amount equal to the maximum weekly unemploy6 ment insurance benefit in the State in which the in7 dividual resides. 

8 ‘‘SEC. 1322. RELOCATION ASSISTANCE BENEFITS. 

9 ‘‘(a) IN GENERAL.—Every individual who— 

10 ‘‘(1) is determined to be an eligible relocation 

11 assistance individual (as defined in section 1325); 

12 ‘‘(2) has filed an application for relocation as13 sistance under this title, 

14 shall be entitled to a relocation assistance benefit. 

15 ‘‘(b) AMOUNT.— 

16 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

17 and (3), the relocation assistance benefit for an indi18 vidual shall be a lump-sum amount sufficient to en19 able the individual to move to a new area to earn 

20 family-sustaining wages in employment and may in21 clude up to 90 percent of the reasonable and nec22 essary expenses incurred in relocating the individual, 

23 the individual’s family, and household effects, includ24 ing subsistence and transportation expenses. 

25 ‘‘(2) MAXIMUM LIMIT.— 


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1 ‘‘(A) IN GENERAL.—The relocation assist2 ance benefit for any individual shall not exceed 

3 $2,000. 

4 ‘‘(B) ANNUAL ADJUSTMENT.—The dollar 

5 amount specified in subparagraph (A) shall be 

6 increased, beginning with 2020, from year to 

7 year based on the percentage increase in the 

8 consumer price index for all urban consumers 

9 (all items; United States city average), rounded 

10 up to the nearest $10. 

11 ‘‘(3) ADJUSTMENT FOR FAMILY SIZE.—An eli12 gible relocation assistance individual who is relo13 cating with a family may be paid a relocation assist14 ance benefit greater than the benefit limit applicable 

15 to a year. The size of an individual’s family shall be 

16 taken into account in determining the amount of 

17 such benefit. 

18 ‘‘(c) LIMITATION.—An individual may not be paid a 

19 relocation assistance benefit more than 1 time during any 

20 5-year period. 

21 ‘‘SEC. 1323. ADMINISTRATIVE PROVISIONS. 

22 ‘‘(a) ADMINISTRATION.—Self-employment assistance 

23 benefits and relocation assistance benefits shall be admin24 istered by the Director, in consultation with the Secretary 

25 of Labor. 


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1 ‘‘(b) OTHER ELIGIBILITY CRITERIA; APPLICATION.— 

2 The Director, in consultation with the Secretary of Labor, 

3 shall establish— 

4 ‘‘(1) such additional criteria as appropriate for 

5 an individual to be eligible for a self-employment as6 sistance benefit or a relocation assistance benefit 

7 under this title and for determining the amount of 

8 such benefit; 

9 ‘‘(2) application procedures, including with re10 spect to the filing of applications, the furnishing of 

11 information and other material, and the reporting of 

12 events and changes in circumstances, as may be nec13 essary for the effective and efficient administration 

14 of this title, and which shall include permitting ap15 plications for a self-employment assistance benefit or 

16 relocation assistance benefit to be submitted— 

17 ‘‘(A) online; 

18 ‘‘(B) at field offices of the Social Security 

19 Administration; 

20 ‘‘(C) through a one-stop center, as defined 

21 in section 3 of the Workforce Innovation and 

22 Opportunity Act; or 

23 ‘‘(D) at offices of the Small Business Ad24 ministration; and 


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1 ‘‘(3) audit procedures and other program integ2 rity activities related to the provision of self-employ3 ment assistance benefits and relocation assistance 

4 benefits. 

5 ‘‘(c) DIRECT PAYMENTS.—A self-employment assist6 ance benefit or a relocation assistance benefit shall be paid 

7 directly to an individual and may be included with other 

8 benefits or assistance payable to, or on behalf of, the indi9 vidual under this Act. 

10 ‘‘(d) ENTITLEMENT REDETERMINATIONS.—An indi11 vidual’s entitlement to a self-employment assistance ben12 efit or a relocation assistance benefit under this title, and 

13 the amount of such benefit, may be redetermined at such 

14 time or times as the Director determines to be appro15 priate. 

16 ‘‘(e) REGULATIONS AND ADMINISTRATIVE ARRANGE17 MENTS.— 

18 ‘‘(1) IN GENERAL.—The Director, in consulta19 tion with the Secretary of Labor, may promulgate 

20 such regulations, and make such administrative and 

21 other arrangements, as may be necessary or appro22 priate to carry out this title. 

23 ‘‘(2) SUSPENSION AND TERMINATION OF AS24 SISTANCE.—Regulations promulgated by the Direc25 tor may provide for the suspension and termination 


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1 of entitlement to a benefit under this title as the Di2 rector determines is appropriate. 

3 ‘‘(3) OVERPAYMENTS AND UNDERPAYMENTS; 

4 PENALTIES FOR FRAUD.—Regulations promulgated 

5 by the Director shall apply the provisions of sections 

6 808 and 811 to self-employment assistance benefits 

7 and relocation assistance benefits payable under this 

8 title in the same manner as such provisions apply to 

9 benefits payable under title VIII. 

10 ‘‘(f) EVALUATIONS.—Not later than January 1, 

11 2025, and periodically thereafter, the Director, in con12 sultation with the Secretary of Labor, shall evaluate and 

13 report to Congress on the effectiveness of the self-employ14 ment assistance benefits, relocation assistance benefits, 

15 and other activities carried out under this title. 

16 ‘‘SEC. 1324. MISCELLANEOUS PROVISIONS. 

17 ‘‘(a) SPECIAL RULES.—A self-employment assistance 

18 benefit or a relocation assistance benefit— 

19 ‘‘(1) except as provided in subsection (b), shall 

20 be paid in addition to any other benefit or assistance 

21 for which the individual is entitled to or eligible for 

22 under this Act or any other provision of law; and 

23 ‘‘(2) shall not be subject to Federal tax. 

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1 PENSATION.—An individual may not receive a self-employ2 ment assistance benefit for any week if the individual re3 ceives unemployment compensation under any State or 

4 Federal law (including under the Federal-State Unemploy5 ment Compensation Act of 1970 and including unemploy6 ment compensation paid as self-employment assistance) 

7 for such week. 

8 ‘‘(c) SUPPLEMENT NOT SUPPLANT.—Funds made 

9 available to carry out this title shall be used to supplement 

10 the level of Federal funds that, in the absence of such 

11 availability, would be expended to provide a self-employ12 ment assistance benefit or reemployment assistance ben13 efit to individuals and in no case to supplant such Federal 

14 funds. 

15 ‘‘SEC. 1325. DEFINITIONS. 

16 ‘‘In this title: 

17 ‘‘(1) BENEFIT TERMINATION WEEK.—The term 

18 ‘benefit termination week’ means, with respect to an 

19 individual, the first week that occurs after the first 

20 week of any 10-year period in which the individual 

21 is paid a self-employment assistance benefit and is— 

22 ‘‘(A) the week during which the individual 

23 is determined to have sufficient earnings from 

24 employment, as determined in accordance with 

25 criteria established under section 1323; 


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1 ‘‘(B) the week during which the individual 

2 is determined to no longer have a viable busi3 ness plan or has stopped carrying out that plan; 

4 or 

5 ‘‘(C) the 26th week for which the indi6 vidual has been paid such benefit. 

7 ‘‘(2) DIRECTOR.—The term ‘Director’ means 

8 the Director of the Office of Reemployment Assist9 ance established under section 714. 

10 ‘‘(3) ELIGIBLE SELF-EMPLOYMENT ASSISTANCE

11 INDIVIDUAL.— 

12 ‘‘(A) IN GENERAL.—The term ‘eligible self13 employment assistance individual’ means an in14 dividual— 

15 ‘‘(i) who— 

16 ‘‘(I) is eligible for unemployment 

17 compensation under any State of Fed18 eral law (including under the Federal19 State Unemployment Compensation 

20 Act of 1970 and including unemploy21 ment compensation paid as self-em22 ployment assistance); 

23 ‘‘(II) has become unemployed 

24 through no fault of his or her own 

25 during the most recent 12-week period 


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1 and is not eligible for any unemploy2 ment compensation described in 

3 clause (i); or 

4 ‘‘(III) in the case of a self-em5 ployed individual or an independent 

6 contractor, whose hiring contract or 

7 other arrangement has ended during 

8 the most recent 12-week period and— 

9 ‘‘(aa) whose most recent 

10 Federal income tax return shows 

11 an average profit of at least 

12 $4,600; or 

13 ‘‘(bb) who attests to an av14 erage of $1,500 in quarterly 

15 profits for the most recently 

16 ended taxable year, more than 50 

17 percent of which come from in18 come from self-employment; and 

19 ‘‘(ii) has a viable business plan, as de20 termined by the Department of Labor of 

21 the State in which the individual resides, a 

22 local workforce development board in such 

23 State, or the Small Business Administra24 tion, is working on that business at least 

25 20 hours per week, and is— 


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1 ‘‘(I) fully unemployed; or 

2 ‘‘(II) partially unemployed and 

earning not less than 1 3 ⁄2 of the aver4 age weekly earnings from the individual’s most recent employment or 1 5 ⁄2 of 

6 the amount of their weekly self-em7 ployment assistance benefit, whichever 

8 is greater. 

9 ‘‘(B) ANNUAL ADJUSTMENT.—The dollar 

10 amounts specified in subclause (III) of subpara11 graph (A)(i) shall be increased, beginning with 

12 2020, from year to year based on the percent13 age increase in the consumer price index for all 

14 urban consumers (all items; United States city 

15 average), rounded up to the nearest $10. 

16 ‘‘(4) ELIGIBLE RELOCATION ASSISTANCE INDI17 VIDUAL.—The term ‘eligible relocation assistance in18 dividual’ means an individual— 

19 ‘‘(A) who is— 

20 ‘‘(i) a dislocated worker, as defined in 

21 section 3 of the Workforce Innovation and 

22 Opportunity Act; 

23 ‘‘(ii) a long-term unemployed indi24 vidual, as determined in accordance with 

25 criteria established under section 1323; or 


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1 ‘‘(iii) an underemployed individual, as 

2 so determined; 

3 ‘‘(B) who has filed an application for relo4 cation assistance before relocating within the 

5 United States; and 

6 ‘‘(C) with respect to whom a determination 

7 has been made that the individual— 

8 ‘‘(i) has obtained suitable employment 

9 affording a reasonable expectation of long10 term duration in the area in which the in11 dividual wishes to relocate, has obtained a 

12 bona fide offer of such employment, or has 

13 a reasonable expectation of obtaining such 

14 employment; and 

15 ‘‘(ii) cannot reasonably be expected to 

16 secure comparable employment in the com17 muting area in which the individual re18 sides. 

19 ‘‘(5) LOCAL WORKFORCE DEVELOPMENT

20 BOARD.—The term ‘local workforce development 

21 board’ means a local workforce development board 

22 established under section 107 of the Workforce In23 novation and Opportunity Act. 


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1 ‘‘SEC. 1326. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘For the purpose of carrying out this part, there are 

3 authorized to be appropriated such sums as may be nec4 essary for each fiscal year beginning with fiscal year 

5 2020.’’. 

6 (b) ESTABLISHMENT OF OFFICE OF REEMPLOYMENT

7 ASSISTANCE.—Title VII of the Social Security Act (42 

8 U.S.C. 901 et seq.) is amended by adding at the end the 

9 following: 

10 ‘‘SEC. 714. OFFICE OF REEMPLOYMENT ASSISTANCE. 

11 ‘‘(a) ESTABLISHMENT.—The Commissioner, in con12 sultation with the Secretary, shall establish in the Social 

13 Security Administration an Office of Reemployment As14 sistance. The Office shall be headed by a Director who 

15 shall be appointed by the Commissioner, in consultation 

16 with the Secretary. 

17 ‘‘(b) DUTIES.—The Director shall— 

18 ‘‘(1) administer self-employment assistance ben19 efits under part B of title XIII; 

20 ‘‘(2) administer relocation assistance benefits 

21 under part B of title XIII; 

22 ‘‘(3) advise the Commissioner and the Secretary 

23 on the effects of current policies and proposed statu24 tory, regulatory, administrative, and budgetary 

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1 fits and relocation assistance benefits under part B 

2 of title XIII; 

3 ‘‘(4) establish and maintain a clearinghouse for 

4 collecting and disseminating information on— 

5 ‘‘(A) issues relating to self-employment as6 sistance benefits and relocation assistance bene7 fits; 

8 ‘‘(B) research findings relating to such 

9 benefits and reemployment programs; and 

10 ‘‘(C) innovative reemployment programs 

11 and activities; 

12 ‘‘(5) coordinate the activities within the Admin13 istration and the Department of Labor that relate to 

14 the provision of self-employment assistance benefits 

15 and relocation assistance benefits under part B of 

16 title XIII; 

17 ‘‘(6) provide information to the Commissioner, 

18 Secretary, and others in the Administration and De19 partment of Labor with respect to the activities of 

20 other Federal departments and agencies that relate 

21 to self-employment assistance benefits and relocation 

22 assistance benefits and reemployment programs and 

23 activities; and 

24 ‘‘(7) administer grants, cooperative agreements, 

25 and contracts to provide technical assistance and 


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1 other activities as necessary to support activities re2 lated to the provision of self-employment assistance 

3 benefits, relocation assistance benefits, and reem4 ployment programs and activities. 

5 ‘‘(c) DEFINITIONS.—In this section: 

6 ‘‘(1) ADMINISTRATION.—The term ‘Administra7 tion’ means the Social Security Administration. 

8 ‘‘(2) COMMISSIONER.—The term ‘Commis9 sioner’ means the Commissioner of Social Security. 

10 ‘‘(3) DIRECTOR.—The term ‘Director’ means 

11 the Director of the Office of Reemployment Assist12 ance established under this section. 

13 ‘‘(4) OFFICE.—The term ‘Office’ means the Of14 fice of Reemployment Assistance established under 

15 this section. 

16 ‘‘(5) SECRETARY.—The term ‘Secretary’ means 

17 the Secretary of Labor. 

18 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For the 

19 purpose of carrying out this section, there are authorized 

20 to be appropriated such sums as may be necessary for 

21 each fiscal year beginning with fiscal year 2020.’’. 


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1 SEC. 4. EMPLOYEE RETENTION WORK OPPORTUNITY CRED2 IT. 

3 (a) IN GENERAL.—Section 51 of the Internal Rev4 enue Code of 1986 is amended by adding at the end the 

5 following new subsection: 

6 ‘‘(l) EMPLOYEE RETENTION CREDIT.— 

7 ‘‘(1) IN GENERAL.—The amount of the work 

8 opportunity credit determined under subsection (a) 

9 for the taxable year shall be increased by an amount 

10 equal to 40 percent of the qualified second-year 

11 wages for such year with respect to ELEVATE em12 ployees. 

13 ‘‘(2) QUALIFIED SECOND-YEAR WAGES.— 

14 ‘‘(A) IN GENERAL.—For purposes of this 

15 subsection, the term ‘qualified second-year 

16 wages’ means qualified wages (determined as if 

17 ELEVATE employees were members of a tar18 geted group)— 

19 ‘‘(i) which are paid to an ELEVATE 

20 employee, and 

21 ‘‘(ii) which are attributable to service 

22 rendered during the 1-year period begin23 ning on the day after the last day of the 

24 1-year period with respect to such em25 ployee determined under subsection (b)(2). 


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1 ‘‘(B) LIMITATION.—The amount of the 

2 qualified second-year wages which may be taken 

3 into account with respect to any individual shall 

4 not exceed $6,000 per year. 

5 ‘‘(3) ELEVATE EMPLOYEE.—For purposes of 

6 this subsection, the term ‘ELEVATE employee’ 

7 means an individual who is hired by the employer 

8 through the subsidized employment program under 

9 part A of title XIII of the Social Security Act and 

10 who has been employed by the same employer for a 

11 consecutive 24 months as of the last day of the pre12 ceding taxable year.’’. 

13 (b) GAO STUDY.—The Comptroller General of the 

14 United States shall conduct a study on the employee re15 tention credit under section 51(l) of the Internal Revenue 

16 Code of 1986 and, not later than 6 months after the last 

17 day of the second taxable year beginning after the date 

18 of the enactment of this Act, shall report to the Committee 

19 on Finance of the Senate and the Committee on Ways and 

20 Means of the House of Representatives— 

21 (1) whether such retention credit had a mean22 ingful impact on retention as compared with other 

23 currently existing and previous subsidized employ24 ment programs, and 


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1 (2) whether such retention credit was easily un2 derstood by employers and had an impact on hiring 

3 decisions in addition to any subsidy received under 

4 title XIII of the Social Security Act. 

5 (c) EXTENSION OF WORK OPPORTUNITY CREDIT.— 

6 Paragraph (4) of section 51(c) of the Internal Revenue 

7 Code of 1986 is amended by striking ‘‘December 31, 

8 2019’’ and inserting ‘‘December 31, 2021’’. 

9 (d) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply to taxable years beginning after 

11 the date of the enactment of this Act. 

12 SEC. 5. CONFORMING AMENDMENTS. 

13 (a) TANF.— 

14 (1) STATE PLAN.—Section 402 (42 U.S.C. 602) 

15 is amended— 

16 (A) in subsection (a)(1)— 

17 (i) in subparagraph (A)(iii), by insert18 ing ‘‘or employment services, training and 

19 other services and activities, and sup20 portive services provided under the State 

21 program funded under part A of title 

22 XIII’’ before the period; and 

23 (ii) in subparagraph (B)— 

24 (I) in clause (iv), by inserting ‘‘, 

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1 ticipating in the State program fund2 ed under part A of title XIII’’ before 

3 the period; and 

4 (II) by adding at the end the fol5 lowing: 

6 ‘‘(VI) The document shall indi7 cate whether the State elects to carry 

8 out a State program to provide em9 ployment services, training and other 

10 services and activities, and supportive 

11 services under part A of title XIII.’’; 

12 and 

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

14 ‘‘(d) STATE OPTION TO SUBMIT PLAN THAT ALIGNS

15 WITH THE STATE PLAN UNDER TITLE XIII–A.—A State 

16 may elect to submit the State plan required under this 

17 section at the same time and in the same manner, and 

18 to apply for the same period, as the State plan required 

19 under section 1302.’’. 

20 (2) PARTICIPATION IN THE STATE EMPLOY21 MENT, TRAINING, AND SUPPORTIVE SERVICES PRO22 GRAM UNDER TITLE XIII–A DEEMED TO BE MEETING

23 WORK PARTICIPATION REQUIREMENTS.—Section 

24 407(c)(2) (42 U.S.C. 607(c)(2)) is amended by add25 ing at the end the following: 


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1 ‘‘(E) PARTICIPATION IN THE STATE EM2 PLOYMENT, TRAINING, AND SUPPORTIVE SERV3 ICES PROGRAM UNDER TITLE XIII–A DEEMED

4 TO BE MEETING WORK PARTICIPATION RE5 QUIREMENTS.—For purposes of determining 

6 monthly participation rates under paragraphs 

7 (1)(B)(i) and (2)(B) of subsection (b), the fol8 lowing individuals are deemed to be engaged in 

9 work for a month: 

10 ‘‘(i) RECIPIENTS.—Any recipient who 

11 is participating in the State employment, 

12 training, and supportive services program 

13 under part A of title XIII (for any number 

14 of hours per week during the month) and 

15 is receiving assistance under the State pro16 gram funded under this part or under any 

17 State program funded with qualified State 

18 expenditures (as defined in section 

19 409(a)(7)(B)(i)). 

20 ‘‘(ii) INDIVIDUALS WHO WOULD OTH21 ERWISE BE RECIPIENTS.—Any individual 

22 who is participating in the State employ23 ment, training, and supportive services 

24 program under part A of title XIII (for 

25 any number of hours per week during the 


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1 month) and would be a recipient of assist2 ance under the State program funded 

3 under this part or under any State pro4 gram funded with qualified State expendi5 tures (as defined in section 

6 409(a)(7)(B)(i)) but for the individual’s 

7 participation in the State employment, 

8 training and supportive services program 

9 under part A of title XIII.’’. 

10 (3) TRIBAL PROGRAMS.—Section 412(b) (42 

11 U.S.C. 612(b)) is amended by adding at the end the 

12 following: 

13 ‘‘(4) OPTION TO SUBMIT PLAN THAT ALIGNS

14 WITH THE STATE PLAN UNDER TITLE XIII–A.—Sub15 section (d) of section 402 shall apply to a tribal fam16 ily assistance plan in the same manner as that sec17 tion applies to a plan under that section.’’. 

18 (4) ADMINISTRATION.—Section 416 (42 U.S.C. 

19 616) is amended— 

20 (A) by striking ‘‘and part D shall be ad21 ministered by an Assistant Secretary for Family 

22 Support within the Department of Health and 

23 Human Services’’ and inserting ‘‘, part D, and 

24 part A of title XIII shall be administered by the 

25 Assistant Secretary for the Administration for 


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1 Children and Families within the Department 

2 of Health and Human Services (and in the case 

3 of part A of title XIII, in consultation with the 

4 Secretary of Labor and the Secretary of Edu5 cation)’’; and 

6 (B) by striking ‘‘by law,’’ and all that fol7 lows through the period and inserting ‘‘by 

8 law.’’. 

9 (b) TITLE VII.—Section 701(b) of such Act (42 

10 U.S.C. 901(b)) is amended— 

11 (1) by inserting a comma after ‘‘title II’’; and 

12 (2) by inserting ‘‘and the benefits program es13 tablished under part B of title XIII’’ before the pe14 riod. 

15 (c) TITLE XI.—Section 1101(a)(1) of such Act (42 

16 U.S.C. 1301(a)(1)) is amended by striking ‘‘title XX’’ and 

17 inserting ‘‘titles XIII and XX’’. 

18 (d) INTERNAL REVENUE CODE.— 

19 (1) WORK OPPORTUNITY CREDIT.—Section 

20 51(c)(2)(B) of the Internal Revenue Code of 1986 is 

21 amended by striking ‘‘section 482(e)’’ and inserting 

22 ‘‘part A of title XIII’’. 

23 (2) DISCLOSURE OF RETURNS AND RETURN IN24 FORMATION.—Subparagraph (D) of section 


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1 6103(l)(7) of the Internal Revenue Code of 1986 is 

2 amended— 

3 (A) by striking ‘‘and’’ at the end of sub4 clause (IV) of clause (viii); 

5 (B) by striking the period at the end of 

6 clause (ix) and inserting ‘‘; and’’; and 

7 (C) by inserting after clause (ix) the fol8 lowing new clause: 

9 ‘‘(x) any benefits or assistance under 

10 part B of title XIII of the Social Security 

11 Act.’’. 

12 (e) TABLE OF CONTENTS FOR TITLE XIII.—Title 

13 XIII, as added by section 2(a) and amended by section 

14 3(a), is amended by inserting the following before part A: 

‘‘TITLE XIII—REEMPLOYMENT AND OTHER JOB-RELATED 

ASSISTANCE AND BENEFITS 

‘‘PART A—EMPLOYMENT, TRAINING, AND SUPPORTIVE SERVICES PROGRAM

‘‘Sec. 1301. Purpose; definitions; administration. 

‘‘Sec. 1302. State plan requirements. 

‘‘Sec. 1303. Use of funds. 

‘‘Sec. 1304. Payments to States. 

‘‘Sec. 1305. Other program requirements. 

‘‘Sec. 1306. Reports; technical assistance; research; audit requirement. 

‘‘Sec. 1307. Direct funding and administration for programs operated by Indian tribes. 

‘‘Sec. 1308. Direct funding and administration for programs operated by local 

governments. 

‘‘Sec. 1309. Pro-worker employers demonstration projects. 

‘‘PART B—SELF-EMPLOYMENT AND RELOCATION ASSISTANCE BENEFITS

‘‘Sec. 1321. Self-employment assistance benefits. 

‘‘Sec. 1322. Relocation assistance benefits. 

‘‘Sec. 1323. Administrative provisions. 

‘‘Sec. 1324. Miscellaneous provisions. 

‘‘Sec. 1325. Definitions. 

‘‘Sec. 1326. Authorization of appropriations.’’. 


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1 SEC. 6. EFFECTIVE DATE; REGULATIONS. 

2 (a) EFFECTIVE DATE.—Except as provided in sec3 tion 4(d), the amendments made by this Act shall take 

4 effect on October 1, 2019. 

5 (b) REGULATIONS.— 

6 (1) EMPLOYMENT, TRAINING, AND SUPPORTIVE

7 SERVICES PROGRAM.—The Secretary of Health and 

8 Human Services, in consultation with the Secretary 

9 of Labor and the Secretary of Education, shall— 

10 (A) not later than 6 months after the date 

11 of the enactment of this Act, issue proposed 

12 regulations for the purpose of implementing 

13 part A of title XIII of the Social Security Act 

14 (as added by section 2 of this Act), including 

15 regulations establishing uniform data collection 

16 requirements; and 

17 (B) not later than 1 year after the date of 

18 enactment of this Act, publish final regulations 

19 for such purpose. 

20 (2) SELF-EMPLOYMENT AND RELOCATION AS21 SISTANCE BENEFITS.—The Commissioner of Social 

22 Security, through the Director of the Office of Re23 employment Assistance (as established under section 

24 3(b) of this Act) and in consultation with the Sec25 retary of Labor, shall— 


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1 (A) not later than 6 months after the date 

2 of enactment of this Act, issue proposed regula3 tions for the purpose of implementing part B of 

4 title XIII of the Social Security Act (as added 

5 by section 3 of this Act), including regulations 

6 establishing uniform data collection require7 ments; and 

8 (B) not later than 1 year after the date of 

9 the enactment of this Act, publish final regula10 tions for such purpose. 

Æ 


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