II 

116TH CONGRESS 

1ST SESSION S. 136 

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 SENATE OF THE UNITED STATES 

JANUARY 15, 2019 

Mr. WYDEN (for himself, Mr. CASEY, Mr. BLUMENTHAL, Mr. VAN HOLLEN, 

and Mr. JONES) introduced the following bill; which was read twice and 

referred to the Committee on Finance 

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 

6 ‘‘Economic Ladders to End Volatility and Advance Train7 ing and Employment Act of 2019’’ or the ‘‘ELEVATE 

8 Act of 2019’’. 


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1 (b) AMENDMENTS TO SOCIAL SECURITY ACT.—Ex2 cept as otherwise specifically provided, whenever in this 

3 Act an amendment is expressed in terms of an amendment 

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

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

6 provision of the Social Security Act. 

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

8 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. 

9 SEC. 2. EMPLOYMENT, TRAINING, AND SUPPORTIVE SERV10 ICES PROGRAM. 

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

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

13 the following: 

14 ‘‘TITLE XIII—REEMPLOYMENT 

15 AND OTHER JOB-RELATED 

16 ASSISTANCE AND BENEFITS 

17 ‘‘PART A—EMPLOYMENT, TRAINING, AND 

18 SUPPORTIVE SERVICES PROGRAM 

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

20 ‘‘(a) PURPOSE.—The purpose of this part is to pro21 vide funds to States to initiate and expand the provision 

22 of employment services, training and other services and 


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1 activities, and supportive services for eligible individuals 

2 in order to— 

3 ‘‘(1) promote subsidized employment programs 

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

5 social enterprise sector jobs; 

6 ‘‘(2) expand the availability of jobs during eco7 nomic downturns or in areas with persistently high 

8 unemployment or poverty; 

9 ‘‘(3) provide economically and socially disadvan10 taged individuals (such as the long-term unem11 ployed, people with criminal records, former foster 

12 youth, and other economically and socially disadvan13 taged populations) with the ability to gain job expe14 rience; 

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

16 the workforce development system enabling them to 

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

18 workers and labor market re-entrants; and 

19 ‘‘(5) allow for sufficient State flexibility to de20 sign programs targeted at community-specific work21 force gaps and employer needs. 

22 ‘‘(b) DEFINITIONS.—In this part: 

23 ‘‘(1) ADULT AND DISLOCATED WORKER EM24 PLOYMENT AND TRAINING ACTIVITIES.—The term 

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1 ing activities’ means adult and dislocated worker 

2 employment and training activities funded under 

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

4 Innovation and Opportunity Act. 

5 ‘‘(2) DISLOCATED WORKER.—The term ‘dis6 located worker’ has the meaning given that term in 

7 section 3 of the Workforce Innovation and Oppor8 tunity Act. 

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

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

11 an assessment by the State, has been determined to 

12 be unlikely to find unsubsidized employment due 

13 to— 

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

15 employment; 

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

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

18 ‘‘(4) EMPLOYMENT SERVICES.—The term ‘em19 ployment services’ means a subsidized job placement 

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

21 social enterprise sector and includes payment or re22 imbursement of employer subsidies for wages, the 

23 employer share of payroll taxes, employer costs for 

24 unemployment insurance, employer costs for work25 ers’ compensation premiums, and costs attributable 


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1 to supervision and other administration directly re2 lated to the employment of an eligible individual in 

3 the subsidized job placement. 

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

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

6 ‘‘(6) INDIVIDUAL WITH A BARRIER TO EMPLOY7 MENT.—The term ‘individual with a barrier to em8 ployment’ has the meaning given that term in sec9 tion 3 of the Workforce Innovation and Opportunity 

10 Act and includes an individual who is an offender 

11 (as defined in such section). 

12 ‘‘(7) INTEGRATED EDUCATION AND TRAIN13 ING.—The term ‘integrated education and training’ 

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

15 Workforce Innovation and Opportunity Act. 

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

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

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

19 any similar State or local tax imposed on employers. 

20 ‘‘(9) SUPPORTIVE SERVICES.— 

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

22 services’ has the meaning given that term in 

23 section 3 of the Workforce Innovation and Op24 portunity Act. 


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

2 includes any of the following: 

3 ‘‘(i) Stipends for an eligible individual 

4 provided with unpaid training services. 

5 ‘‘(ii) Legal services. 

6 ‘‘(iii) Other supplemental services nec7 essary for an eligible individual to partici8 pate in the State program funded under 

9 this part. 

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

11 expenditures’ means all State or local funds that are 

12 expended by the State or a local agency including 

13 State or local funds that are matched or reimbursed 

14 by the Federal Government and State or local funds 

15 that are not matched or reimbursed by the Federal 

16 Government. 

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

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

19 that— 

20 ‘‘(A) offers a new or potentially more effec21 tive strategy for addressing widely shared chal22 lenges; 

23 ‘‘(B) has not been systematically studied 

24 but is supported by a strong logic model; and 


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1 ‘‘(C) is a departure from existing work2 force strategies. 

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

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

5 will expand knowledge about the efficacy of a work6 force strategy and provide more information about 

7 the feasibility of implementing proven workforce 

8 strategies in different contexts and is, with respect 

9 to a State— 

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

11 by a State program and evaluated by a State or 

12 by a neutral third-party and the evaluation re13 sults indicate some potential for positive im14 pacts on participant or system-wide outcomes; 

15 or 

16 ‘‘(B) a practice that has not been pre17 viously implemented by the State, but is sup18 ported by strong evidence of positive change 

19 and has been evaluated before using an out20 come, quasi-experimental, or random assign21 ment design, and evaluation findings indicate 

22 some statistically significant positive change. 

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

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

25 a State, a practice that— 


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

2 program funded by a State; and 

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

4 random assignment design and the evaluation 

5 findings indicate some positive impacts on par6 ticipant or system wide outcomes. 

7 ‘‘(14) TRAINING AND OTHER SERVICES OR AC8 TIVITIES.—The term ‘training and other services or 

9 activities’ means any of the following services or ac10 tivities if provided in conjunction with a subsidized 

11 job placement and determined by the State as nec12 essary to significantly increase the likelihood that 

13 the job placement will be successful for the employer 

14 and employee and may improve the prospect of ob15 taining and retaining unsubsidized jobs: 

16 ‘‘(A) Services provided through adult and 

17 dislocated worker employment and training ac18 tivities. 

19 ‘‘(B) Integrated education and training. 

20 ‘‘(C) Education directly related to employ21 ment. 

22 ‘‘(D) Vocational and employment services 

23 integrated with trauma-informed substance use 

24 disorder treatment, in collaboration with a sub25 stance use disorder treatment provider. 


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1 ‘‘(E) Casework and job coaching. 

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

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

4 shall not be considered to be a tier-1, tier-2, or tier-3 prac5 tice unless the practice is intended, studied, or evaluated 

6 for purposes of making meaningful improvements in vali7 dated measures of important outcomes for eligible individ8 uals and their families, such as recidivism, health, employ9 ment, and economic well-being over the short and long10 term. 

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

12 the program under this part shall be administered by the 

13 Secretary through the Assistant Secretary for the Admin14 istration for Children and Families within the Department 

15 of Health and Human Services and in consultation with 

16 the Secretary of Labor and the Secretary of Education. 

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

18 budget authority in advance of appropriations Acts and 

19 represents the obligation of the Federal Government to 

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

21 ‘‘SEC. 1302. STATE PLAN REQUIREMENTS. 

22 ‘‘(a) IN GENERAL.—A State is not eligible for pay23 ment under section 1304 unless the State has submitted 

24 to the Secretary a plan that describes— 


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1 ‘‘(1) the State’s strategy for creating or ex2 panding programs that offers subsidized employment 

3 for eligible individuals and moving such individuals 

4 into unsubsidized employment; 

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

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

7 workforce needs; 

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

9 other services or activities, and supportive services to 

10 be provided under the State program funded under 

11 this part; 

12 ‘‘(4) which specific populations of eligible indi13 viduals the State will serve, with a focus on how the 

14 State plans to assess and serve the eligible individ15 uals with serious or multiple barriers to employment; 

16 ‘‘(5) the strategies the State will use for out17 reach and engagement with the populations specified 

18 under paragraph (4) to ensure that such populations 

19 are aware of subsidized employment opportunities in 

20 their community; 

21 ‘‘(6) the strategies the State will use for out22 reach, engagement, and ongoing collaboration with 

23 employers to promote employers’ use of the program 

24 and ensure they have the training necessary to sup25 port eligible individuals; 


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

2 such assessments, to create employability plans for 

3 eligible individuals participating in the State pro4 gram funded under this part and, based on such 

5 plans, assign and provide eligible individuals with 

6 employment services, training and other services and 

7 activities, and supportive services; 

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

9 program funded under this part with other relevant 

10 systems and programs based on the populations 

11 identified which may include criminal justice, child 

12 support, juvenile justice, child welfare, homeless 

13 services and other human services and workforce de14 velopment programs of the State, including pro15 grams supported through the Workforce Innovation 

16 and Opportunity Act; 

17 ‘‘(9) how the State will ensure employers par18 ticipating in the program comply with the non19 displacement requirements of section 1305(c); and 

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

21 the State program funded under this part, including 

22 how the State plans to measure program outcomes 

23 and impacts. 

24 ‘‘(b) OTHER REQUIREMENTS.—The State shall in25 clude with the plan a certification that supportive services 


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1 for eligible individuals will supplement, and not supplant, 

2 other assistance provided by the State. 

3 ‘‘(c) DEADLINES FOR SUBMISSION.— 

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

5 under this section shall be submitted by the State 

6 agency or agencies responsible for administering the 

7 State program under this part to the Secretary and, 

8 as appropriate, to the Secretary of Labor and the 

9 Secretary of Education, not later than 90 days prior 

10 to the commencement of the State program funded 

11 under this part and shall be for the period beginning 

12 on the first day of the commencement of the State 

13 program funded under the part and ending on the 

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

15 unified State plan or combined State plan submitted 

16 by the State under section 102 or 103 of the Work17 force Innovation and Opportunity Act that is in ef18 fect as of the date of submission. 

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

20 submitted under this section after the initial State 

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

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

23 unified State plan or a combined State plan sub24 mitted by the State under section 102 or 103 of the 

25 Workforce Innovation and Opportunity Act. 


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

2 under this section by the State agency or agencies 

3 responsible for administering the State program 

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

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

6 consultation with the Secretary of Labor or the Sec7 retary of Education as appropriate. 

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

9 program funded under this part shall be administered by 

10 the lead State agency responsible for administering the 

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

12 State agencies responsible for administering the adult and 

13 dislocated worker employment and training activities of 

14 the State, or jointly by such agencies. 

15 ‘‘SEC. 1303. USE OF FUNDS. 

16 ‘‘(a) AUTHORIZED USES.— 

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

18 State shall use funds paid under section 1304 to 

19 provide eligible individuals with— 

20 ‘‘(A) employment services; 

21 ‘‘(B) training and other services and activi22 ties; and 

23 ‘‘(C) supportive services while eligible indi24 viduals are provided with employment services 

25 and training and other services and activities. 


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

2 70 percent of the total amount paid to a State for 

3 a fiscal year quarter shall be for expenditures attrib4 utable to employment services that are payment for 

5 or reimbursement of employer costs for wages, the 

6 employer share of payroll taxes, employer costs for 

7 unemployment insurance, employer costs for work8 ers’ compensation premiums, or costs for employer9 provided on-the-job training for subsidized job place10 ments of eligible individuals. 

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

12 for training employers, agency personnel, and other 

13 individuals related to the administration of the State 

14 program funded under this part on issues related to 

15 providing eligible individuals with employment serv16 ices, training and other services and activities, and 

17 supportive services. 

18 ‘‘(4) ADMINISTRATIVE COSTS.—Subject to sec19 tion 1304(e), a State may use such funds for the 

20 proper and efficient administration of the State pro21 gram funded under this part. 

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

23 PLACEMENTS REQUIRED.— 

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

25 only State expenditures for employment services, 


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1 training and other services and activities, and sup2 portive services provided to eligible individuals that 

3 meet the following conditions shall be eligible for a 

4 Federal matching payment under section 1304: 

5 ‘‘(A) The employment services, training 

6 and other services and activities, supportive 

7 services are provided in accordance with prac8 tices that meet the requirements for being con9 sidered a tier-1, tier-2, or tier-3 practice. 

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

11 employment services, training and other serv12 ices and activities, and supportive services pro13 vided for an eligible individual directly resulted 

14 in employment (subsidized or unsubsidized) for 

15 the eligible individual, or can demonstrate good 

16 cause for why the job placement or employment 

17 did not occur, which may include the failure of 

18 an employer or an eligible individual to carry 

19 out the employer’s or individual’s commitments 

20 to the State program. 

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

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

23 carries out the program funded under this part, not 

24 less than 50 percent of the total amount expended 

25 by the State for the quarter shall be for employment 


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1 services, training and other services and activities, 

2 and supportive services provided in accordance with 

3 practices that meet the requirements for being con4 sidered a tier-2 or tier-3 practice. 

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

6 Secretary may waive any of the limitations on eligi7 ble expenditures under paragraphs (1) and (2) with 

8 respect to 1 or more State programs funded under 

9 this part during any period of local or national eco10 nomic downturn (as defined by the Secretary). 

11 ‘‘(c) EVALUATIONS.—A State shall be eligible to re12 ceive a payment under section 1304 for expenditures at13 tributable to evaluating the State program funded under 

14 this part if— 

15 ‘‘(1) the State submits to the Secretary a de16 scription of the proposed evaluation; and 

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

18 and approach of the proposed evaluation is rigorous, 

19 will measure program outcomes and impacts, and is 

20 likely to yield information that is credible and will 

21 be useful to the State. 

22 ‘‘SEC. 1304. PAYMENTS TO STATES. 

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

24 1303 and subsections (b) and (c) of this section, beginning 

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


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1 is approved under this part, and for each quarter there2 after, the Secretary shall pay each State, out of any money 

3 in the Treasury not otherwise appropriated, an amount 

4 equal to the Federal medical assistance percentage that 

5 applies for the fiscal year to the State under section 

6 1905(b) (without regard to any adjustments to such per7 centage applicable under that section or any other provi8 sion of law) of the total amount expended by the State 

9 during the quarter to provide eligible individuals with em10 ployment services, training and other services and activi11 ties, and supportive services and, subject to subsection (e), 

12 for the proper and efficient administration of the program 

13 funded under this part. 

14 ‘‘(b) INCREASED FEDERAL SUPPORT DURING ECO15 NOMIC DOWNTURNS.— 

16 ‘‘(1) INCREASED FMAP.— 

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

18 fiscal year quarter for which the total unem19 ployment in a State (seasonally adjusted) for 

20 the period consisting of the most recent 3 

21 months for which data for all States are pub22 lished equals or exceeds the applicable percent23 age specified in paragraph (2), the Federal 

24 medical assistance percentage applicable to pay25 ments made under subsection (a) to the State 


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1 for the quarter shall be increased by the appli2 cable number of percentage points specified in 

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

4 Federal medical assistance percentage applica5 ble to payments under subsection (a) for a 

6 State for a quarter exceed 100 percent. 

7 ‘‘(B) DURATION.— 

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

9 (ii), an increase in the Federal medical as10 sistance percentage made in accordance 

11 with this subsection shall remain in effect 

12 with respect to payments made to a State 

13 under subsection (a) for at least 4 consecu14 tive fiscal year quarters. 

15 ‘‘(ii) ADDITIONAL INCREASE IN UNEM16 PLOYMENT.—If during the period for 

17 which the Federal medical assistance per18 centage for a State is increased under this 

19 subsection, the total unemployment in the 

20 State (seasonally adjusted) for the period 

21 consisting of the most recent 3 months for 

22 which data for all States are published ex23 ceeds the applicable total unemployment 

24 rate that was the basis for such increase, 

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1 ance percentage shall be the applicable 

2 number of percentage points specified in 

3 paragraph (2) that corresponds to the 

4 most recent percentage of total unemploy5 ment in the State, beginning with the first 

6 fiscal year quarter for which such percent7 age of total unemployment occurs and con8 tinuing for 3 succeeding fiscal year quar9 ters. 

10 ‘‘(2) APPLICABLE PERCENTAGE; APPLICABLE

11 NUMBER OF PERCENTAGE POINTS.—For purposes of 

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

13 (seasonally adjusted) for the period consisting of the 

14 most recent 3 months for which data for all States 

15 are published is— 

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

17 but less than 7 percent, the applicable number 

18 of percentage points is 20; 

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

20 but less than 7.5 percent, the applicable num21 ber of percentage points is 30; 

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

23 but less than 8 percent, the applicable number 

24 of percentage points is 40; and 


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

2 the applicable number of percentage points is 

3 50. 

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

5 receiving payments under this section for a fiscal year— 

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

7 employment services, training and other services and 

8 activities, and supportive services provided through 

9 the adult and dislocated worker employment and 

10 training activities of the State for the fiscal year 

11 shall not be less than the amount of such expendi12 tures for fiscal year 2017; and 

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

14 work, education, and training activities and work 

15 supports under the State program funded under 

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

17 amount of such State expenditures for the preceding 

18 fiscal year. 

19 ‘‘(d) ADMINISTRATION OF PAYMENTS WITH TITLE

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

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

22 applies to payments made to States under State programs 

23 funded under part A of title IV. 

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

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


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

2 receive a payment under this section for amounts ex3 pended by the State during the quarter for the proper and 

4 efficient administration of the program funded under this 

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

6 amount expended by the State during the quarter to pro7 vide eligible individuals with employment services, training 

8 and other services and activities, and supportive services. 

9 ‘‘(f) PLANNING AND IMPLEMENTATION GRANTS; 

10 TECHNICAL ASSISTANCE.— 

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

12 available to make payments to States under sub13 section (a), the Secretary shall make grants to 

14 States and Indian tribes (or intertribal consortiums 

15 with a tribal family assistance plan approved under 

16 section 412), for costs attributable to the planning 

17 and implementation of a State or tribal program 

18 funded under this part and shall provide technical 

19 assistance to States and Indian tribes with respect 

20 to the planning and implementation of such a pro21 gram. 

22 ‘‘(2) REQUIREMENTS.— 

23 ‘‘(A) COMMUNITY ENGAGEMENT.—As a 

24 condition of receiving a grant under this sub25 section, a State or Indian tribe shall engage 


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1 local communities, including focus groups of 

2 target populations of eligible individuals and 

3 employers, in the planning and implementation 

4 of the State or tribal program funded under 

5 this part. 

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

7 tribe shall receive a grant under this subsection 

8 for more than 8 quarters. 

9 ‘‘(C) NO MATCHING PAYMENT RE10 QUIRED.—No matching payment shall apply to 

11 the grants made under this subsection. 

12 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated to the Sec14 retary to carry out this subsection for each fiscal 

15 year beginning with fiscal year 2020, such sums as 

16 are necessary. 

17 ‘‘SEC. 1305. OTHER PROGRAM REQUIREMENTS. 

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

19 State shall establish procedures to— 

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

21 an individual is an eligible individual, the eligible in22 dividual’s job skills, education, past work experience, 

23 and potential barriers to employment; and 


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1 ‘‘(2) create, based on such assessment, an indi2 vidualized employability plan for each eligible indi3 vidual participating in the program that— 

4 ‘‘(A) specifies— 

5 ‘‘(i) the initial plan for the eligible in6 dividual, including whether the eligible in7 dividual is to immediately begin working in 

8 a subsidized job or needs training and 

9 other services and activities or supportive 

10 services before that placement can occur; 

11 and 

12 ‘‘(ii) the employment services that will 

13 be provided to the eligible individual, as 

14 well as the training and other services and 

15 activities, and supportive services that will 

16 be provided to the eligible individual while 

17 the eligible individual is working in a sub18 sidized job; and 

19 ‘‘(B) provides that, near the end of the in20 dividual’s initial placement in a subsidized job, 

21 an assessment will be made regarding whether 

22 the eligible individual will be converted to a per23 manent employee, and if not, the job search as24 sistance and additional employment services, 

25 training and other services and activities, and 


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1 supportive services that will be provided to the 

2 eligible individual with the goal of obtaining 

3 and retaining unsubsidized employment. 

4 ‘‘(b) EMPLOYMENT STANDARDS AND CRITERIA FOR

5 SUBSIDIZED JOBS.— 

6 ‘‘(1) GENERAL REQUIREMENTS.—Any sub7 sidized job placement for an eligible individual par8 ticipating in the State program funded under this 

9 part shall satisfy the following requirements: 

10 ‘‘(A) Employment services that are pay11 ment for or reimbursement of employer costs 

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

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

14 enterprise sector for such costs that are attrib15 utable to the hiring of, compensation for, or on16 the-job training of, the eligible individual. 

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

18 for-profit, private non-profit, or social enter19 prise sector shall not be paid a subsidy that ex20 ceeds 120 percent of wage costs. 

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

22 job placement shall be paid not less than the 

23 prevailing minimum wage in the relevant juris24 diction and shall be covered by all relevant 

25 labor and employment laws. 


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1 ‘‘(D) Subject to paragraph (4), a sub2 sidized job placement for an eligible individual 

3 shall not exceed 6 months unless the placement 

4 is extended for not more than 6 additional 

5 months for purposes of improving the work ex6 perience, training and other services and activi7 ties, and supportive services needs of an eligible 

8 individual with less prior work experience, more 

9 skill development and training needs, or greater 

10 employment barriers. 

11 ‘‘(E) Employers participating in the State 

12 program agree to make a good faith effort to 

13 hire an eligible individual placed in a subsidized 

14 job in their employment if the individual has 

15 demonstrated satisfactory performance and the 

16 employer has a relevant job opening available 

17 and to maintain a record of the share of sub18 sidized workers hired on a permanent basis. 

19 ‘‘(2) ADDITIONAL PLACEMENTS.—If, after com20 pleting a subsidized job placement, an eligible indi21 vidual is unemployed for at least 6 weeks (regardless 

22 of whether such weeks are consecutive), the eligible 

23 individual may apply for a new subsidized job place24 ment but the immediately subsequent placement 


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1 may only be with a different public or private sector 

2 employer. 

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

4 subsidies for a subsidized job placement may vary 

5 within a State and among States carrying out pro6 grams under this part provided that all eligible indi7 viduals employed in subsidized jobs shall be paid not 

8 less than the prevailing minimum wage in the rel9 evant jurisdiction and shall be covered by all rel10 evant labor and employment laws. 

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

12 for which the total unemployment in a State (sea13 sonally adjusted) for the period consisting of the 

14 most recent 3 months for which data for all States 

15 are published equals or exceeds 7.5 percent, the Sec16 retary may waive the limit on the duration of a sub17 sidized job placement under paragraph (1)(D). 

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

19 employer shall not use an eligible individual subsidized job 

20 placement to— 

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

22 or volunteer, or to partially displace or replace an 

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

24 reduction in hours, wages, or employment benefits; 

25 or 


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1 ‘‘(2) displace or replace an employee partici2 pating in a strike, collective bargaining or union ac3 tivities, or union organizing. 

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

5 AUDIT REQUIREMENT. 

6 ‘‘(a) QUARTERLY REPORTS.— 

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

8 with each quarterly report required under section 

9 411(a)(1) a report on the State program funded 

10 under this part that contains such data and infor11 mation as the Secretary shall require. 

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

13 shall submit with each annual report to Congress re14 quired under section 411(b) a report on the State 

15 programs funded under this part, including dem16 onstration projects conducted under section 1309. 

17 ‘‘(b) ONGOING PERFORMANCE ASSESSMENT.— 

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

19 and submit annual reports to Congress that— 

20 ‘‘(A) measure the performances of the 

21 State programs funded under this part, includ22 ing demonstration projects conducted under 

23 section 1309; 


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1 ‘‘(B) include information about the cat2 egories of individuals and employers served by 

3 such programs and projects; and 

4 ‘‘(C) describe the activities eligible individ5 uals engaged in during the year. 

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

7 shall submit the reports required by paragraph 

8 (1)— 

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

10 2 years after the date on which the first State 

11 program funded under this part is established; 

12 and 

13 ‘‘(B) in the case of subsequent reports, an14 nually thereafter. 

15 ‘‘(c) ALIGNMENT WITH WORKFORCE INNOVATION

16 AND OPPORTUNITY ACT PROGRAMS.—The Secretary shall 

17 coordinate with the Secretary of Labor on aligning per18 formance measures and regulations for the State pro19 grams funded under this part with the performance meas20 ures and regulations applicable to the core programs of 

21 States funded under the Workforce Innovation and Oppor22 tunity Act. 

23 ‘‘(d) INDIVIDUAL ELIGIBILITY ASSESSMENT GUID24 ANCE.—The Secretary, in consultation with the Secretary 

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


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1 practices for assessing whether an individual satisfies the 

2 criteria for being an eligible individual under section 

3 1301(b)(3)(B) as being unlikely to find unsubsidized em4 ployment due to individual barriers, local economic condi5 tions, or national economic conditions. 

6 ‘‘(e) NEW PERFORMANCE MEASURES.— 

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

8 new performance measures that address income 

9 gains and poverty reduction for eligible individuals 

10 participating in the State program funded under this 

11 part and the families of such individuals. Such per12 formance measures shall be in addition to the per13 formance accountability measures under section 

14 116(b) of the Workforce Innovation and Opportunity 

15 Act for the adult and dislocated worker employment 

16 and training activities of the State and aligned with 

17 the State program funded under this part. 

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

19 create a measure of program access to determine the 

20 extent to which States are serving individuals with 

21 the most significant barriers to employment and the 

22 portion of State caseloads that are made up of such 

23 workers. 

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

25 Secretary, in consultation with the Secretary of Labor, 


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

2 Secretary of Education, shall determine the data States 

3 shall collect and report regarding the State program fund4 ed under this part and the extent to which that data col5 lection and reporting, and required evaluations, can be co6 ordinated with the data collection, reporting, and evalua7 tions required for the State program funded under part 

8 A of title IV and the performance accountability measures 

9 under section 116(b) of the Workforce Innovation and Op10 portunity Act for the adult and dislocated worker employ11 ment and training activities of the State. 

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

13 made available under section 413(h)(1) for research, tech14 nical assistance, and evaluation to conduct the perform15 ance assessments required under subsection (b). 

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

17 General of the Department of Health and Human Services 

18 shall biennially audit a sample of the State programs 

19 funded under this part to ensure compliance with program 

20 requirements, including compliance with the nondisplace21 ment requirements of section 1305(c), and to identify and 

22 protect against any waste, fraud, or abuse in such pro23 grams. 


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

2 PROGRAMS OPERATED BY INDIAN TRIBES. 

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

4 consortium with a tribal family assistance plan approved 

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

6 of such a consortium) that proposes to establish a pro7 gram under this part shall submit an application to the 

8 Secretary to directly receive payments for expenditures 

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

10 to as a ‘tribal program application’). 

11 ‘‘(b) TRIBAL PROGRAM APPLICATION REQUIRE12 MENTS.—Subject to subsection (c), a tribal program appli13 cation shall include a plan that meets the requirements 

14 of section 1302 in the same manner as such requirements 

15 apply to a State. 

16 ‘‘(c) PROGRAM REQUIREMENTS.—The program re17 quirements specified in this part shall apply to an Indian 

18 tribe or intertribal consortium with a tribal program appli19 cation and plan approved under this section in the same 

20 manner as such requirements apply to a State except to 

21 the extent that an Indian tribe or intertribal consortium 

22 requests, and the Secretary approves, a waiver or modi23 fication of any such requirements. 

24 ‘‘(d) PAYMENTS.— 

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

26 the Secretary shall pay an Indian tribe or intertribal 


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1 consortium with a tribal program application and 

2 plan approved under this section in the same man3 ner as States are paid under section 1304. 

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

5 Federal medical assistance percentage that would 

6 apply under subsection (d) of section 479B if an In7 dian tribe or tribal consortium operated a program 

8 under that section (in this subsection referred to as 

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

10 the Indian tribe or tribal consortium for expendi11 tures attributable to carrying out a program under 

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

13 Federal medical assistance percentage that applies 

14 to the State in which the Indian tribe or tribal con15 sortium is located in which case the State Federal 

16 medical assistance percentage shall apply. In the 

17 case of an Indian tribe or tribal consortium that is 

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

19 Indian tribe or tribal consortium is located that has 

20 the highest Federal medical assistance percentage 

21 shall apply to the preceding sentence. 


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

2 PROGRAMS OPERATED BY LOCAL GOVERN3 MENTS. 

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

5 procedures under which a local government, or a consor6 tium of local governments within a State, may submit an 

7 application to the Secretary to establish a program under 

8 this part and directly receive payments for expenditures 

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

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

11 State in which the local government or consortium is lo12 cated does not elect to establish a State program under 

13 this part. 

14 ‘‘(b) LOCAL GOVERNMENT PROGRAM APPLICATION

15 REQUIREMENTS.—Subject to subsection (c), a local gov16 ernment program application shall include a plan that 

17 meets the requirements of section 1302 in the same man18 ner as such requirements apply to a State. 

19 ‘‘(c) PROGRAM REQUIREMENTS.—The program re20 quirements specified in this part shall apply to a local gov21 ernment or consortium with a local government program 

22 application and plan approved under this section in the 

23 same manner as such requirements apply to a State except 

24 to the extent that a local government or consortium re25 quests, and the Secretary approves, a waiver or modifica26 tion of any such requirements. 


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

2 government or consortium with a local government pro3 gram application and plan approved under this section in 

4 the same manner as the State in which the local govern5 ment or consortium is located would have been paid under 

6 section 1304 if the State had established a State program 

7 under this part. 

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

9 PROJECTS. 

10 ‘‘(a) AUTHORITY TO APPROVE DEMONSTRATION

11 PROJECTS.—The Secretary may authorize States to con12 duct demonstration projects pursuant to this section which 

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

14 purposes described in section 1301(a) through subsidized 

15 employment for eligible individuals working for certified 

16 pro-worker employers. 

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

18 may be authorized to conduct such demonstration project 

19 only if the State satisfies the following conditions: 

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

21 Secretary, at such time, in such manner, and con22 taining the information specified in paragraph (2) 

23 and such other information as the Secretary re24 quires. 


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1 ‘‘(2) The State includes the following informa2 tion in the application submitted to the Secretary: 

3 ‘‘(A) The criteria for being an eligible indi4 vidual if the State elects to include individuals 

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

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

7 quasi-scientific design for the demonstration 

8 project that includes a randomized controlled 

9 trial or another valid control group. 

10 ‘‘(C) The outcome measures for evaluating 

11 the impact of the demonstration project that 

12 shall include, at a minimum, the following: 

13 ‘‘(i) The percentage of eligible individ14 uals who are in unsubsidized employment 

15 during the second quarter after exiting 

16 from the demonstration project. 

17 ‘‘(ii) The percentage of eligible indi18 viduals who are in unsubsidized employ19 ment during the fourth quarter after 

20 exiting from the demonstration project. 

21 ‘‘(iii) The median earnings of eligible 

22 individuals who are in unsubsidized em23 ployment during the second quarter after 

24 exiting from the demonstration project. 


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1 ‘‘(iv) Other measures of employment 

2 and earnings as specified by the Secretary 

3 which, to the greatest extent practicable, 

4 shall be based on the information required 

5 for State performance reports under sec6 tion 116(d)(2) of the Workforce Innovation 

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

8 3141(d)(2)). 

9 ‘‘(c) WAIVER AUTHORITY.— 

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

11 compliance with any requirement of this part or part 

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

13 State from carrying out a demonstration project 

14 under this section or prevent the State from effec15 tively achieving the purpose of such a project. 

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

17 Secretary shall not impose cost or budget neutrality 

18 requirement as a condition for approving a dem19 onstration project under this section. 

20 ‘‘(d) PAYMENT TO STATES.— 

21 ‘‘(1) TREATMENT AS PROGRAM EXPENDI22 TURES.—The Secretary shall consider the expendi23 tures of any State to conduct a demonstration 

24 project under this section to be expenditures under 

25 this part. 


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

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

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

4 apply to payments made to the State for a fiscal 

5 year quarter for expenditures to conduct a dem6 onstration project under this section in lieu of the 

7 Federal medical assistance percentage applicable to 

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

9 for the quarter. If the State is eligible for an in10 crease in the Federal medical assistance percentage 

11 applicable to payments under section 1304(a) in ac12 cordance with subsection (b) of section 1304, the en13 hanced FMAP applicable to the State for the fiscal 

14 year shall be used to determine the amount of the 

15 increase. 

16 ‘‘(e) DURATION OF DEMONSTRATION.—A demonstra17 tion project under this section may be conducted for such 

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

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

20 of the Secretary, the demonstration project should be al21 lowed to continue. 

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

23 An Indian tribe or intertribal consortium approved for 

24 payments under section 1307 and a local government or 

25 a consortium of local governments within a State approved 


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1 for payments under section 1308 may be considered a 

2 State for purposes of conducting a demonstration project 

3 under this section. 

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

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

6 later than 2 years after the date of enactment of 

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

8 jointly shall establish a standard for employers to 

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

10 for purposes of a demonstration project under this 

11 section. At a minimum, the standard shall require 

12 that an employer does the following: 

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

14 has scheduling practices with predictable work 

15 hours. 

16 ‘‘(B) PROVIDE FAMILY-FRIENDLY BENE17 FITS.—The employer offers paid family and 

18 medical leave programs, paid sick days, health 

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

20 benefits that contribute to work-life balance, 

21 and provides similar or portable benefits to 

22 freelance, independent contractors, consultants, 

23 outsourced and non-permanent workers, or 

24 other contingent workers. 


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1 ‘‘(C) ENSURE ADEQUATE PAY.—The em2 ployer pays employees a living wage that en3 ables the employees to meet their basic needs 

4 and has policies to ensure fair compensation for 

5 freelance, independent contractors, consultants, 

6 outsourced and non-permanent workers, or 

7 other contingent workers by adopting clear con8 tractual language and committing to on-time 

9 payments. 

10 ‘‘(D) INVEST IN EMPLOYEE GROWTH AND

11 DEVELOPMENT.—The employer provides in12 house or through employee stipends and other 

13 financial assistance, access to education and 

14 training opportunities and promotes career 

15 pathways for entry-level workers which demon16 strably improve income and job responsibilities. 

17 ‘‘(E) REWARD WORKERS WHEN COMPANY

18 DOES WELL.—The employer has profit-sharing 

19 practices or other mechanisms that ensure 

20 workers benefit when the company grows or in21 creases profits. 

22 ‘‘(2) PROCESS FOR CERTIFICATION.—The Sec23 retary of Labor, in consultation with the Secretary 

24 shall establish a process by which an employer may 

25 apply for and be issued a certification as a pro-workVerDate Sep 11 2014 22:18 Jan 24, 2019 Jkt 089200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S136.IS S136

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1 er employer. The process may allow for applications 

2 for certification to be considered and issued by a 

3 State, the Secretary of Labor, or the Secretary, or 

4 an entity under a contract or other arrangement 

5 with the Secretary of Labor. 

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

7 The Secretary shall report on and assess the demonstra8 tion projects conducted under this section as part of the 

9 reports and ongoing performance assessments required 

10 under section 1306. 

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

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

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

14 employer who has applied for and been issued a cer15 tification as having met the pro-worker employer 

16 standard established under subsection (g). 

17 ‘‘(2) ELIGIBLE INDIVIDUALS.—The term ‘eligi18 ble individuals’ has the meaning given that term in 

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

20 meet such other criteria and a State conducting a 

21 demonstration project under this section specifies 

22 and the Secretary approves.’’. 

23 (b) STUDY REGARDING INCENTIVES FOR ELEVATE 

24 PROGRAM PERFORMANCE.— 


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

2 Human Services shall enter into an agreement with 

3 the National Academy of Sciences to evaluate State 

4 programs carried out under part A of title XIII of 

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

6 including demonstration projects conducted under 

7 section 1309 of that Act (as so added). The evalua8 tion shall analyze the relationships between engage9 ment, impacts, and outcome measures. The evalua10 tion shall also examine the issue of program per11 formance and include recommendations to Congress 

12 as to whether and how program performance could 

13 be tied to fiscal incentives. 

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

15 date of enactment of this Act, the Secretary of 

16 Health and Human Services shall submit to Con17 gress a report containing the results of the evalua18 tion conducted under paragraph (1), together with 

19 recommendations for such legislation and adminis20 trative action as the Secretary determines appro21 priate. 

22 SEC. 3. SELF-EMPLOYMENT ASSISTANCE BENEFITS AND 

23 RELOCATION ASSISTANCE BENEFITS. 

24 (a) ESTABLISHMENT.—Title XIII, as added by sec25 tion 2(a), is amended by adding at the end the following: 


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1 ‘‘PART B—SELF-EMPLOYMENT AND RELOCATION 

2 ASSISTANCE BENEFITS 

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

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

5 ‘‘(1) is determined to be an eligible self-employ6 ment assistance individual (as defined in section 

7 1325); and 

8 ‘‘(2) has filed an application for self-employ9 ment assistance under this title, 

10 shall be entitled to a self-employment assistance benefit 

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

12 individual meets the criteria specified in paragraphs (1) 

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

14 defined in section 1325) determined with respect to the 

15 individual. 

16 ‘‘(b) AMOUNT.— 

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

18 the self-employment assistance benefit for an individual shall be the amount equal to 1 19 ⁄2 of the aver20 age weekly earnings from the individual’s most re21 cent employment. 

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

23 assistance benefit for any individual shall not exceed 

24 the amount equal to the maximum weekly unemploy25 ment insurance benefit in the State in which the in26 dividual resides. 


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1 ‘‘SEC. 1322. RELOCATION ASSISTANCE BENEFITS. 

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

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

4 assistance individual (as defined in section 1325); 

5 ‘‘(2) has filed an application for relocation as6 sistance under this title, 

7 shall be entitled to a relocation assistance benefit. 

8 ‘‘(b) AMOUNT.— 

9 ‘‘(1) IN GENERAL.—Subject paragraphs (2) and 

10 (3), the relocation assistance benefit for an indi11 vidual shall be a lump-sum amount sufficient to en12 able the individual to move to a new area to earn 

13 family-sustaining wages in employment and may in14 clude up to 90 percent of the reasonable and nec15 essary expenses incurred in relocating the individual, 

16 the individual’s family, and household effects, includ17 ing subsistence and transportation expenses. 

18 ‘‘(2) MAXIMUM LIMIT.— 

19 ‘‘(A) IN GENERAL.—The relocation assist20 ance benefit for any individual shall not exceed 

21 $2,000. 

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

23 amount specified in subparagraph (A) shall be 

24 increased, beginning with 2020, from year to 

25 year based on the percentage increase in the 

26 consumer price index for all urban consumers 


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

2 up to the nearest $10. 

3 ‘‘(3) ADJUSTMENT FOR FAMILY SIZE.—An eli4 gible relocation assistance individual who is relo5 cating with a family may be paid a relocation assist6 ance benefit greater than the benefit limit applicable 

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

8 taken into account in determining the amount of 

9 such benefit. 

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

11 relocation assistance benefit more than 1 time during any 

12 5-year period. 

13 ‘‘SEC. 1323. ADMINISTRATIVE PROVISIONS. 

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

15 benefits and relocation assistance benefits shall be admin16 istered by the Director, in consultation with the Secretary 

17 of Labor. 

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

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

20 shall establish— 

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

22 an individual to be eligible for a self-employment as23 sistance benefit or a relocation assistance benefit 

24 under this title and for determining the amount of 

25 such benefit; 


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1 ‘‘(2) application procedures, including with re2 spect to the filing of applications, the furnishing of 

3 information and other material, and the reporting of 

4 events and changes in circumstances, as may be nec5 essary for the effective and efficient administration 

6 of this title, and which shall include permitting ap7 plications for a self-employment assistance benefit or 

8 relocation assistance benefit to be submitted— 

9 ‘‘(A) online; 

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

11 Administration; 

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

13 in section 3 of the Workforce Innovation and 

14 Opportunity Act; or 

15 ‘‘(D) at offices of the Small Business Ad16 ministration; and 

17 ‘‘(3) audit procedures and other program integ18 rity activities related to the provision of self-employ19 ment assistance benefits and relocation assistance 

20 benefits. 

21 ‘‘(c) DIRECT PAYMENTS.—A self-employment assist22 ance benefit or a relocation assistance benefit shall be paid 

23 directly to an individual and may be included with other 

24 benefits or assistance payable to, or on behalf of, the indi25 vidual under this Act. 


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1 ‘‘(d) ENTITLEMENT REDETERMINATIONS.—An indi2 vidual’s entitlement to a self-employment assistance ben3 efit or a relocation assistance benefit under this title, and 

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

5 time or times as the Director determines to be appro6 priate. 

7 ‘‘(e) REGULATIONS AND ADMINISTRATIVE ARRANGE8 MENTS.— 

9 ‘‘(1) IN GENERAL.—The Director, in consulta10 tion with the Secretary of Labor, may promulgate 

11 such regulations, and make such administrative and 

12 other arrangements, as may be necessary or appro13 priate to carry out this title. 

14 ‘‘(2) SUSPENSION AND TERMINATION OF AS15 SISTANCE.—Regulations promulgated by the Direc16 tor may provide for the suspension and termination 

17 of entitlement to a benefit under this title as the Di18 rector determines is appropriate. 

19 ‘‘(3) OVERPAYMENTS AND UNDERPAYMENTS; 

20 PENALTIES FOR FRAUD.—Regulations promulgated 

21 by the Director shall apply the provisions of sections 

22 808 and 811 to self-employment assistance benefits 

23 and relocation assistance benefits payable under this 

24 title in the same manner as such provisions apply to 

25 benefits payable under title VIII. 


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

2 2025, and periodically thereafter, the Director, in con3 sultation with the Secretary of Labor, shall evaluate and 

4 report to Congress on the effectiveness of the self-employ5 ment assistance benefits, relocation assistance benefits, 

6 and other activities carried out under this title. 

7 ‘‘SEC. 1324. MISCELLANEOUS PROVISIONS. 

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

9 benefit or a relocation assistance benefit— 

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

11 be paid in addition to any other benefit or assistance 

12 for which the individual is entitled to or eligible for 

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

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

15 ‘‘(b) NO CONCURRENT RECEIPT OF SELF-EMPLOY16 MENT ASSISTANCE BENEFIT AND UNEMPLOYMENT COM17 PENSATION.—An individual may not receive a self-employ18 ment assistance benefit for any week if the individual re19 ceives unemployment compensation under any State or 

20 Federal law (including under the Federal-State Unemploy21 ment Compensation Act of 1970 and including unemploy22 ment compensation paid as self-employment assistance) 

23 for such week. 

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

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


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

2 availability, would be expended to provide a self-employ3 ment assistance benefit or reemployment assistance ben4 efit to individuals and in no case to supplant such Federal 

5 funds. 

6 ‘‘SEC. 1325. DEFINITIONS. 

7 ‘‘In this title: 

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

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

10 individual, the first week that occurs after the first 

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

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

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

14 is determined to have sufficient earnings from 

15 employment, as determined in accordance with 

16 criteria established under section 1323; 

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

18 is determined to no longer have a viable busi19 ness plan or has stopped carrying out that plan; 

20 or 

21 ‘‘(C) the 26th week for which the indi22 vidual has been paid such benefit. 

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

24 the Director of the Office of Reemployment Assist25 ance established under section 714. 


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1 ‘‘(3) ELIGIBLE SELF-EMPLOYMENT ASSISTANCE

2 INDIVIDUAL.— 

3 ‘‘(A) IN GENERAL.—The term ‘eligible self4 employment assistance individual’ means an in5 dividual— 

6 ‘‘(i) who— 

7 ‘‘(I) is eligible for unemployment 

8 compensation under any State of Fed9 eral law (including under the Federal10 State Unemployment Compensation 

11 Act of 1970 and including unemploy12 ment compensation paid as self-em13 ployment assistance); 

14 ‘‘(II) has become unemployed 

15 through no fault of his or her own 

16 during the most recent 12-week period 

17 and is not eligible for any unemploy18 ment compensation described in 

19 clause (i); or 

20 ‘‘(III) in the case of a self-em21 ployed individual or an independent 

22 contractor, whose hiring contract or 

23 other arrangement has ended during 

24 the most recent 12-week period and— 


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1 ‘‘(aa) whose most recent 

2 Federal income tax return shows 

3 an average profit of at least 

4 $4,600; or 

5 ‘‘(bb) who attests to an av6 erage of $1,500 in quarterly 

7 profits for the most recently 

8 ended taxable year, more than 50 

9 percent of which come from in10 come from self-employment; and 

11 ‘‘(ii) has a viable business plan, as de12 termined by the Department of Labor of 

13 the State in which the individual resides, a 

14 local workforce development board in such 

15 State, or the Small Business Administra16 tion, is working on that business at least 

17 20 hours per week, and is— 

18 ‘‘(I) fully unemployed; or 

19 ‘‘(II) partially unemployed and 

earning not less than 1 20 ⁄2 of the aver21 age weekly earnings from the individual’s most recent employment or 1 22 ⁄2 of 

23 the amount of their weekly self-em24 ployment assistance benefit, whichever 

25 is greater. 


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

2 amounts specified in subclause (III) of subpara3 graph (A)(i) shall be increased, beginning with 

4 2020, from year to year based on the percent5 age increase in the consumer price index for all 

6 urban consumers (all items; United States city 

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

8 ‘‘(4) ELIGIBLE RELOCATION ASSISTANCE INDI9 VIDUAL.—The term ‘eligible relocation assistance in10 dividual’ means an individual— 

11 ‘‘(A) who is— 

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

13 section 3 of the Workforce Innovation and 

14 Opportunity Act; 

15 ‘‘(ii) a long-term unemployed indi16 vidual, as determined in accordance with 

17 criteria established under section 1323; or 

18 ‘‘(iii) an underemployed individual, as 

19 so determined; 

20 ‘‘(B) who has filed an application for relo21 cation assistance before relocating within the 

22 United States; and 

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

24 has been made that the individual— 


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1 ‘‘(i) has obtained suitable employment 

2 affording a reasonable expectation of long3 term duration in the area in which the in4 dividual wishes to relocate, has obtained a 

5 bona fide offer of such employment, or has 

6 a reasonable expectation of obtaining such 

7 employment; and 

8 ‘‘(ii) cannot reasonably be expected to 

9 secure comparable employment in the com10 muting area in which the individual re11 sides. 

12 ‘‘(5) LOCAL WORKFORCE DEVELOPMENT

13 BOARD.—The term ‘local workforce development 

14 board’ means a local workforce development board 

15 established under section 107 of the Workforce In16 novation and Opportunity Act. 

17 ‘‘SEC. 1326. AUTHORIZATION OF APPROPRIATIONS. 

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

19 authorized to be appropriated such sums as may be nec20 essary for each fiscal year beginning with fiscal year 

21 2020.’’. 

22 (b) ESTABLISHMENT OF OFFICE OF REEMPLOYMENT

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

24 U.S.C. 901 et seg.) is amended by adding at the end the 

25 following: 


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

2 ‘‘(a) ESTABLISHMENT.—The Commissioner, in con3 sultation with the Secretary, shall establish in the Social 

4 Security Administration an Office of Reemployment As5 sistance. The Office shall be headed by a Director who 

6 shall be appointed by the Commissioner, in consultation 

7 with the Secretary. 

8 ‘‘(b) DUTIES.—The Director shall— 

9 ‘‘(1) administer self-employment assistance ben10 efits under part B of title XIII; 

11 ‘‘(2) administer relocation assistance benefits 

12 under part B of title XIII; 

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

14 on the effects of current policies and proposed statu15 tory, regulatory, administrative, and budgetary 

16 changes affecting self-employment assistance bene17 fits and relocation assistance benefits under part B 

18 of title XIII; 

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

20 collecting and disseminating information on— 

21 ‘‘(A) issues relating to self-employment as22 sistance benefits and relocation assistance bene23 fits; 

24 ‘‘(B) research findings relating to such 

25 benefits and reemployment programs; and 


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1 ‘‘(C) innovative reemployment programs 

2 and activities; 

3 ‘‘(5) coordinate the activities within the Admin4 istration and the Department of Labor that relate to 

5 the provision of self-employment assistance benefits 

6 and relocation assistance benefits under part B of 

7 title XIII; 

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

9 Secretary, and others in the Administration and De10 partment of Labor with respect to the activities of 

11 other Federal departments and agencies that relate 

12 to self-employment assistance benefits and relocation 

13 assistance benefits and reemployment programs and 

14 activities; and 

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

16 and contracts to provide technical assistance and 

17 other activities as necessary to support activities re18 lated to the provision of self-employment assistance 

19 benefits, relocation assistance benefits, and reem20 ployment programs and activities. 

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

22 ‘‘(1) ADMINISTRATION.—The term ‘Administra23 tion’ means the Social Security Administration. 

24 ‘‘(2) COMMISSIONER.—The term ‘Commis25 sioner’ means the Commissioner of Social Security. 


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

2 the Director of the Office of Reemployment Assist3 ance established under this section. 

4 ‘‘(4) OFFICE.—The term ‘Office’ means the Of5 fice of Reemployment Assistance established under 

6 this section. 

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

8 the Secretary of Labor. 

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

10 purpose of carrying out this section, there are authorized 

11 to be appropriated such sums as may be necessary for 

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

13 SEC. 4. EMPLOYEE RETENTION WORK OPPORTUNITY CRED14 IT. 

15 (a) IN GENERAL.—Section 51 of the Internal Rev16 enue Code of 1986 is amended by adding at the end the 

17 following new subsection: 

18 ‘‘(l) EMPLOYEE RETENTION CREDIT.— 

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

20 opportunity credit determined under subsection (a) 

21 for the taxable year shall be increased by an amount 

22 equal to 40 percent of the qualified second-year 

23 wages for such year with respect to ELEVATE em24 ployees. 

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


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

2 subsection, the term ‘qualified second-year 

3 wages’ means qualified wages (determined as if 

4 ELEVATE employees were members of a tar5 geted group)— 

6 ‘‘(i) which are paid to an ELEVATE 

7 employee, and 

8 ‘‘(ii) which are attributable to service 

9 rendered during the 1-year period begin10 ning on the day after the last day of the 

11 1-year period with respect to such em12 ployee determined under subsection (b)(2). 

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

14 qualified second-year wages which may be taken 

15 into account with respect to any individual shall 

16 not exceed $6,000 per year. 

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

18 this subsection, the term ‘ELEVATE employee’ 

19 means an individual who is hired by the employer 

20 through the subsidized employment program under 

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

22 who has been employed by the same employer for a 

23 consecutive 24 months as of the last day of the pre24 ceding taxable year.’’. 


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

2 United States shall conduct a study on the employee re3 tention credit under section 51(l) of the Internal Revenue 

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

5 day of the second taxable year beginning after the date 

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

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

8 Means of the House of Representatives— 

9 (1) whether such retention credit had a mean10 ingful impact on retention as compared with other 

11 currently existing and previous subsidized employ12 ment programs; and 

13 (2) whether such retention credit was easily un14 derstood by employers and had an impact on hiring 

15 decisions in addition to any subsidy received under 

16 title XIII of the Social Security Act. 

17 (c) EXTENSION OF WORK OPPORTUNITY CREDIT.— 

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

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

20 2019’’ and inserting ‘‘December 31, 2021’’. 

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

22 this section shall apply to taxable years beginning after 

23 the date of the enactment of this Act. 

24 SEC. 5. CONFORMING AMENDMENTS. 

25 (a) TANF.— 


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

2 is amended— 

3 (A) in subsection (a)(1)— 

4 (i) in subparagraph (A)(iii), by insert5 ing ‘‘or employment services, training and 

6 other services and activities, and sup7 portive services provided under the State 

8 program funded under part A of title 

9 XIII’’ before the period; and 

10 (ii) in subparagraph (B)— 

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

12 unless the parent or caretaker is par13 ticipating in the State program fund14 ed under part A of title XIII’’ before 

15 the period; and 

16 (II) by adding at the end the fol17 lowing: 

18 ‘‘(VI) The document shall indi19 cate whether the State elects to carry 

20 out a State program to provide em21 ployment services, training and other 

22 services and activities, and supportive 

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

24 and 

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


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

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

3 may elect to submit the State plan required under this 

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

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

6 under section 1302.’’. 

7 (2) PARTICIPATION IN THE STATE EMPLOY8 MENT, TRAINING, AND SUPPORTIVE SERVICES PRO9 GRAM UNDER TITLE XIII–A DEEMED TO BE MEETING

10 WORK PARTICIPATION REQUIREMENTS.—Section 

11 407(c)(2) (42 U.S.C. 607(c)(2)) is amended by add12 ing at the end the following: 

13 ‘‘(E) PARTICIPATION IN THE STATE EM14 PLOYMENT, TRAINING, AND SUPPORTIVE SERV15 ICES PROGRAM UNDER TITLE XIII–A DEEMED

16 TO BE MEETING WORK PARTICIPATION RE17 QUIREMENTS.—For purposes of determining 

18 monthly participation rates under paragraphs 

19 (1)(B)(i) and (2)(B) of subsection (b), the fol20 lowing individuals are deemed to be engaged in 

21 work for a month: 

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

23 is participating in the State employment, 

24 training, and supportive services program 

25 under part A of title XIII (for any number 


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1 of hours per week during the month) and 

2 is receiving assistance under the State pro3 gram funded under this part or under any 

4 State program funded with qualified State 

5 expenditures (as defined in section 

6 409(a)(7)(B)(i)). 

7 ‘‘(ii) INDIVIDUALS WHO WOULD OTH8 ERWISE BE RECIPIENTS.—Any individual 

9 who is participating in the State employ10 ment, training, and supportive services 

11 program under part A of title XIII (for 

12 any number of hours per week during the 

13 month) and would be a recipient of assist14 ance under the State program funded 

15 under this part or under any State pro16 gram funded with qualified State expendi17 tures (as defined in section 

18 409(a)(7)(B)(i)) but for the individual’s 

19 participation in the State employment, 

20 training and supportive services program 

21 under part A of title XIII.’’. 

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

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

24 following: 


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

2 WITH THE STATE PLAN UNDER TITLE XIII–A.—Sub3 section (d) of section 402 shall apply to a tribal fam4 ily assistance plan in the same manner as that sec5 tion applies to a plan under that section.’’. 

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

7 616) is amended— 

8 (A) by striking ‘‘and part D shall be ad9 ministered by an Assistant Secretary for Family 

10 Support within the Department of Health and 

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

12 part A of title XIII shall be administered by the 

13 Assistant Secretary for the Administration for 

14 Children and Families within the Department 

15 of Health and Human Services (and in the case 

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

17 Secretary of Labor and the Secretary of Edu18 cation)’’; and 

19 (B) by striking ‘‘by law,’’ and all that fol20 lows through the period and inserting ‘‘by 

21 law.’’. 

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

23 U.S.C. 901(b)) is amended— 

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


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1 (2) by inserting , ‘‘and the benefits program es2 tablished under part B of title XIII’’ before the pe3 riod. 

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

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

6 inserting ‘‘titles XIII and XX’’. 

7 (d) INTERNAL REVENUE CODE.— 

8 (1) WORK OPPORTUNITY CREDIT.—Section 

9 51(c)(2)(B) of the Internal Revenue Code of 1986 is 

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

11 ‘‘part A of title XIII’’. 

12 (2) DISCLOSURE OF RETURNS AND RETURN IN13 FORMATION.—Subparagraph (D) of section 

14 6103(l)(7) of the Internal Revenue Code of 1986 is 

15 amended— 

16 (A) by striking ‘‘and’’ at the end of sub17 clause (IV) of clause (viii); 

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

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

20 (C) by inserting after clause (ix) the fol21 lowing new clause: 

22 ‘‘(x) any benefits or assistance under 

23 part B of title XIII of the Social Security 

24 Act.’’. 


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

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

3 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.’’. 

4 SEC. 6. EFFECTIVE DATE; REGULATIONS. 

5 (a) EFFECTIVE DATE.—Except as provided in sec6 tion 4(d), the amendments made by this Act shall take 

7 effect on October 1, 2019. 

8 (b) REGULATIONS.— 

9 (1) EMPLOYMENT, TRAINING, AND SUPPORTIVE

10 SERVICES PROGRAM.—The Secretary of Health and 

11 Human Services, in consultation with the Secretary 

12 of Labor and the Secretary of Education, shall— 

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

14 of the enactment of this Act, issue proposed 


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1 regulations for the purpose of implementing 

2 part A of title XIII of the Social Security Act 

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

4 regulations establishing uniform data collection 

5 requirements; and 

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

7 enactment of this Act, publish final regulations 

8 for such purpose. 

9 (2) SELF-EMPLOYMENT AND RELOCATION AS10 SISTANCE BENEFITS.—The Commissioner of Social 

11 Security, through the Director of the Office of Re12 employment Assistance (as established under section 

13 3(b) of this Act) and in consultation with the Sec14 retary of Labor, shall— 

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

16 of enactment of this Act, issue proposed regula17 tions for the purpose of implementing part B of 

18 title XIII of the Social Security Act (as added 

19 by section 3 of this Act), including regulations 

20 establishing uniform data collection require21 ments; and 

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

23 the enactment of this Act, publish final regula24 tions for such purpose. 

Æ 


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