ELEVATE Act of 2019

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. Short title; amendment to Social Security Act; table of contents (a) Short title This Act may be cited as the Economic Ladders to End Volatility and Advance Training and Employment Act of 2019 ELEVATE Act of 2019 (b) Amendments to Social Security Act Except as otherwise specifically provided, whenever in this Act an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act. (c) Table of contents The table of contents for 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. 2. Employment, training, and supportive services program (a) Establishment The Social Security Act ( 42 U.S.C. 301 XIII Reemployment and other Job-Related Assistance and Benefits A Employment, Training, and Supportive Services Program 1301. Purpose; definitions; administration (a) Purpose The purpose of this part is to provide funds to States to initiate and expand the provision of employment services, training and other services and activities, and supportive services for eligible individuals in order to— (1) promote subsidized employment programs for public, private for-profit, private non-profit, and social enterprise sector jobs; (2) expand the availability of jobs during economic downturns or in areas with persistently high unemployment or poverty; (3) provide economically and socially disadvantaged individuals (such as the long-term unemployed, people with criminal records, former foster youth, and other economically and socially disadvantaged populations) with the ability to gain job experience; (4) provide employers with new pathways into the workforce development system enabling them to have a greater role in the training and hiring of new workers and labor market re-entrants; and (5) allow for sufficient State flexibility to design programs targeted at community-specific workforce gaps and employer needs. (b) Definitions In this part: (1) Adult and dislocated worker employment and training activities The term adult and dislocated worker employment and training activities (2) Dislocated worker The term dislocated worker (3) Eligible individual The term eligible individual (A) being an individual with a barrier to employment; (B) being a dislocated worker; or (C) local or national economic conditions. (4) Employment services The term employment services (5) Indian tribe The term Indian tribe (6) Individual with a barrier to employment The term individual with a barrier to employment (7) Integrated education and training The term integrated education and training (8) Payroll taxes The term payroll taxes (9) Supportive services (A) In general The term supportive services (B) Additional services Such term includes any of the following: (i) Stipends for an eligible individual provided with unpaid training services. (ii) Legal services. (iii) Other supplemental services necessary for an eligible individual to participate in the State program funded under this part. (10) State expenditures The term State expenditures (11) Tier-1 practice Subject to subsection (c), the term tier-1 practice (A) offers a new or potentially more effective strategy for addressing widely shared challenges; (B) has not been systematically studied but is supported by a strong logic model; and (C) is a departure from existing workforce strategies. (12) Tier-2 practice Subject to subsection (c), the term tier-2 practice (A) a practice that has been implemented by a State program and evaluated by a State or by a neutral third-party and the evaluation results indicate some potential for positive impacts on participant or system-wide outcomes; or (B) a practice that has not been previously implemented by the State, but is supported by strong evidence of positive change and has been evaluated before using an outcome, quasi-experimental, or random assignment design, and evaluation findings indicate some statistically significant positive change. (13) Tier-3 practice Subject to subsection (c), the term tier-3 practice (A) previously has been implemented by a program funded by a State; and (B) previously has been evaluated using a random assignment design and the evaluation findings indicate some positive impacts on participant or system wide outcomes. (14) Training and other services or activities The term training and other services or activities (A) Services provided through adult and dislocated worker employment and training activities. (B) Integrated education and training. (C) Education directly related to employment. (D) Vocational and employment services integrated with trauma-informed substance use disorder treatment, in collaboration with a substance use disorder treatment provider. (E) Casework and job coaching. (F) Union-provided job training services. (c) Outcome measures required A practice shall not be considered to be a tier-1, tier-2, or tier-3 practice unless the practice is intended, studied, or evaluated for purposes of making meaningful improvements in validated measures of important outcomes for eligible individuals and their families, such as recidivism, health, employment, and economic well-being over the short and long-term. (d) Administration Subject to section 1302(d), the program under this part shall be administered by the Secretary through the Assistant Secretary for the Administration for Children and Families within the Department of Health and Human Services and in consultation with the Secretary of Labor and the Secretary of Education. (e) State entitlement This part constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide payments to States under section 1304(a). 1302. State plan requirements (a) In general A State is not eligible for payment under section 1304 unless the State has submitted to the Secretary a plan that describes— (1) the State’s strategy for creating or expanding programs that offers subsidized employment for eligible individuals and moving such individuals into unsubsidized employment; (2) how such strategy fits with the State's overall strategy for, and assessment of, the State’s workforce needs; (3) the employment services, training and other services or activities, and supportive services to be provided under the State program funded under this part; (4) which specific populations of eligible individuals the State will serve, with a focus on how the State plans to assess and serve the eligible individuals with serious or multiple barriers to employment; (5) the strategies the State will use for outreach and engagement with the populations specified under paragraph (4) to ensure that such populations are aware of subsidized employment opportunities in their community; (6) the strategies the State will use for outreach, engagement, and ongoing collaboration with employers to promote employers’ use of the program and ensure they have the training necessary to support eligible individuals; (7) the strategies the State will use, based on such assessments, to create employability plans for eligible individuals participating in the State program funded under this part and, based on such plans, assign and provide eligible individuals with employment services, training and other services and activities, and supportive services; (8) how the State will coordinate the State program funded under this part with other relevant systems and programs based on the populations identified which may include criminal justice, child support, juvenile justice, child welfare, homeless services and other human services and workforce development programs of the State, including programs supported through the Workforce Innovation and Opportunity Act; (9) how the State will ensure employers participating in the program comply with the nondisplacement requirements of section 1305(c); and (10) a plan for regular, rigorous evaluation of the State program funded under this part, including how the State plans to measure program outcomes and impacts. (b) Other requirements The State shall include with the plan a certification that supportive services for eligible individuals will supplement, and not supplant, other assistance provided by the State. (c) Deadlines for submission (1) Initial plan The initial State plan under this section shall be submitted by the State agency or agencies responsible for administering the State program under this part to the Secretary and, as appropriate, to the Secretary of Labor and the Secretary of Education, not later than 90 days prior to the commencement of the State program funded under this part and shall be for the period beginning on the first day of the commencement of the State program funded under the part and ending on the day that is the last day of the period covered by the unified State plan or combined State plan submitted by the State under section 102 or 103 of the Workforce Innovation and Opportunity Act that is in effect as of the date of submission. (2) Subsequent plans Each State plan submitted under this section after the initial State plan shall be submitted at the same time, in the same manner, and apply for the same period, as a unified State plan or a combined State plan submitted by the State under section 102 or 103 of the Workforce Innovation and Opportunity Act. (3) Approval Each State plan submitted under this section by the State agency or agencies responsible for administering the State program under this part, and any amendments to the plan, shall be subject to the approval of the Secretary, in consultation with the Secretary of Labor or the Secretary of Education as appropriate. (d) State agency At the option of the State, the program funded under this part shall be administered by the lead State agency responsible for administering the State program funded under part A of title IV, the lead State agencies responsible for administering the adult and dislocated worker employment and training activities of the State, or jointly by such agencies. 1303. Use of funds (a) Authorized uses (1) In general Subject to paragraph (2), a State shall use funds paid under section 1304 to provide eligible individuals with— (A) employment services; (B) training and other services and activities; and (C) supportive services while eligible individuals are provided with employment services and training and other services and activities. (2) Spending requirement Not less than 70 percent of the total amount paid to a State for a fiscal year quarter shall be for expenditures attributable to employment services that are payment for or reimbursement of employer costs for wages, the employer share of payroll taxes, employer costs for unemployment insurance, employer costs for workers' compensation premiums, or costs for employer-provided on-the-job training for subsidized job placements of eligible individuals. (3) Training A State may use such funds for training employers, agency personnel, and other individuals related to the administration of the State program funded under this part on issues related to providing eligible individuals with employment services, training and other services and activities, and supportive services. (4) Administrative costs Subject to section 1304(e), a State may use such funds for the proper and efficient administration of the State program funded under this part. (b) Evidence-Based practices and actual job placements required (1) In general Subject to paragraph (3), only State expenditures for employment services, training and other services and activities, and supportive services provided to eligible individuals that meet the following conditions shall be eligible for a Federal matching payment under section 1304: (A) The employment services, training and other services and activities, supportive services are provided in accordance with practices that meet the requirements for being considered a tier-1, tier-2, or tier-3 practice. (B) The State can demonstrate that the employment services, training and other services and activities, and supportive services provided for an eligible individual directly resulted in employment (subsidized or unsubsidized) for the eligible individual, or can demonstrate good cause for why the job placement or employment did not occur, which may include the failure of an employer or an eligible individual to carry out the employer's or individual's commitments to the State program. (2) Tier-2 or tier-3 practices Beginning with the 21st fiscal year quarter for which the State carries out the program funded under this part, not less than 50 percent of the total amount expended by the State for the quarter shall be for employment services, training and other services and activities, and supportive services provided in accordance with practices that meet the requirements for being considered a tier-2 or tier-3 practice. (3) Periods of economic downturn The Secretary may waive any of the limitations on eligible expenditures under paragraphs (1) and (2) with respect to 1 or more State programs funded under this part during any period of local or national economic downturn (as defined by the Secretary). (c) Evaluations A State shall be eligible to receive a payment under section 1304 for expenditures attributable to evaluating the State program funded under this part if— (1) the State submits to the Secretary a description of the proposed evaluation; and (2) the Secretary determines that the design and approach of the proposed evaluation is rigorous, will measure program outcomes and impacts, and is likely to yield information that is credible and will be useful to the State. 1304. Payments to States (a) Payments to States Subject to section 1303 and subsections (b) and (c) of this section, beginning with the first fiscal year quarter for which a State plan is approved under this part, and for each quarter thereafter, the Secretary shall pay each State, out of any money in the Treasury not otherwise appropriated, an amount equal to the Federal medical assistance percentage that applies for the fiscal year to the State under section 1905(b) (without regard to any adjustments to such percentage applicable under that section or any other provision of law) of the total amount expended by the State during the quarter to provide eligible individuals with employment services, training and other services and activities, and supportive services and, subject to subsection (e), for the proper and efficient administration of the program funded under this part. (b) Increased federal support during economic downturns (1) Increased FMAP (A) In general Beginning with any fiscal year quarter for which the total unemployment in a State (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published equals or exceeds the applicable percentage specified in paragraph (2), the Federal medical assistance percentage applicable to payments made under subsection (a) to the State for the quarter shall be increased by the applicable number of percentage points specified in paragraph (2), except that in no case shall the Federal medical assistance percentage applicable to payments under subsection (a) for a State for a quarter exceed 100 percent. (B) Duration (i) In general Subject to clause (ii), an increase in the Federal medical assistance percentage made in accordance with this subsection shall remain in effect with respect to payments made to a State under subsection (a) for at least 4 consecutive fiscal year quarters. (ii) Additional increase in unemployment If during the period for which the Federal medical assistance percentage for a State is increased under this subsection, the total unemployment in the State (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published exceeds the applicable total unemployment rate that was the basis for such increase, the increase in the Federal medical assistance percentage shall be the applicable number of percentage points specified in paragraph (2) that corresponds to the most recent percentage of total unemployment in the State, beginning with the first fiscal year quarter for which such percentage of total unemployment occurs and continuing for 3 succeeding fiscal year quarters. (2) Applicable percentage; applicable number of percentage points For purposes of paragraph (1), if the total unemployment in a State (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published is— (A) equal to or greater than 6.5 percent but less than 7 percent, the applicable number of percentage points is 20; (B) equal to or greater than 7 percent but less than 7.5 percent, the applicable number of percentage points is 30; (C) equal to or greater than 7.5 percent but less than 8 percent, the applicable number of percentage points is 40; and (D) equal to or greater than 8 percent, the applicable number of percentage points is 50. (c) Maintenance of effort As a condition of receiving payments under this section for a fiscal year— (1) the total amount of State expenditures for employment services, training and other services and activities, and supportive services provided through the adult and dislocated worker employment and training activities of the State for the fiscal year shall not be less than the amount of such expenditures for fiscal year 2017; and (2) the total amount of State expenditures for work, education, and training activities and work supports under the State program funded under part A of title IV shall not be less than the total amount of such State expenditures for the preceding fiscal year. (d) Administration of payments with title IV–A Section 405 shall apply to payments made to States under this part in the same manner as section 405 applies to payments made to States under State programs funded under part A of title IV. (e) Limitation Beginning with the fifth fiscal year quarter for which a State plan is approved under this part, and for each quarter thereafter, a State shall not receive a payment under this section for amounts expended by the State during the quarter for the proper and efficient administration of the program funded under this part that exceed the amount equal to 15 percent of the amount expended by the State during the quarter to provide eligible individuals with employment services, training and other services and activities, and supportive services. (f) Planning and implementation grants; technical assistance (1) In general In addition to amounts available to make payments to States under subsection (a), the Secretary shall make grants to States and Indian tribes (or intertribal consortiums with a tribal family assistance plan approved under section 412), for costs attributable to the planning and implementation of a State or tribal program funded under this part and shall provide technical assistance to States and Indian tribes with respect to the planning and implementation of such a program. (2) Requirements (A) Community engagement As a condition of receiving a grant under this subsection, a State or Indian tribe shall engage local communities, including focus groups of target populations of eligible individuals and employers, in the planning and implementation of the State or tribal program funded under this part. (B) 2-year limit No State or Indian tribe shall receive a grant under this subsection for more than 8 quarters. (C) No matching payment required No matching payment shall apply to the grants made under this subsection. (3) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this subsection for each fiscal year beginning with fiscal year 2020, such sums as are necessary. 1305. Other program requirements (a) Assessment and employability plan The State shall establish procedures to— (1) assess, within 30 days of determining that an individual is an eligible individual, the eligible individual's job skills, education, past work experience, and potential barriers to employment; and (2) create, based on such assessment, an individualized employability plan for each eligible individual participating in the program that— (A) specifies— (i) the initial plan for the eligible individual, including whether the eligible individual is to immediately begin working in a subsidized job or needs training and other services and activities or supportive services before that placement can occur; and (ii) the employment services that will be provided to the eligible individual, as well as the training and other services and activities, and supportive services that will be provided to the eligible individual while the eligible individual is working in a subsidized job; and (B) provides that, near the end of the individual's initial placement in a subsidized job, an assessment will be made regarding whether the eligible individual will be converted to a permanent employee, and if not, the job search assistance and additional employment services, training and other services and activities, and supportive services that will be provided to the eligible individual with the goal of obtaining and retaining unsubsidized employment. (b) Employment standards and criteria for subsidized jobs (1) General requirements Any subsidized job placement for an eligible individual participating in the State program funded under this part shall satisfy the following requirements: (A) Employment services that are payment for or reimbursement of employer costs may only be used by an employer in the public, private for-profit, private non-profit, or social enterprise sector for such costs that are attributable to the hiring of, compensation for, or on-the-job training of, the eligible individual. (B) An employer in the public, private for-profit, private non-profit, or social enterprise sector shall not be paid a subsidy that exceeds 120 percent of wage costs. (C) An eligible individual in a subsidized job placement shall be paid not less than the prevailing minimum wage in the relevant jurisdiction and shall be covered by all relevant labor and employment laws. (D) Subject to paragraph (4), a subsidized job placement for an eligible individual shall not exceed 6 months unless the placement is extended for not more than 6 additional months for purposes of improving the work experience, training and other services and activities, and supportive services needs of an eligible individual with less prior work experience, more skill development and training needs, or greater employment barriers. (E) Employers participating in the State program agree to make a good faith effort to hire an eligible individual placed in a subsidized job in their employment if the individual has demonstrated satisfactory performance and the employer has a relevant job opening available and to maintain a record of the share of subsidized workers hired on a permanent basis. (2) Additional placements If, after completing a subsidized job placement, an eligible individual is unemployed for at least 6 weeks (regardless of whether such weeks are consecutive), the eligible individual may apply for a new subsidized job placement but the immediately subsequent placement may only be with a different public or private sector employer. (3) State variation permitted Employer subsidies for a subsidized job placement may vary within a State and among States carrying out programs under this part provided that all eligible individuals employed in subsidized jobs shall be paid not less than the prevailing minimum wage in the relevant jurisdiction and shall be covered by all relevant labor and employment laws. (4) Exceptions With respect to any period for which the total unemployment in a State (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published equals or exceeds 7.5 percent, the Secretary may waive the limit on the duration of a subsidized job placement under paragraph (1)(D). (c) Nondisplacement A public or private sector employer shall not use an eligible individual subsidized job placement to— (1) displace or replace an employee, position, or volunteer, or to partially displace or replace an employee, position, or volunteer, such as through a reduction in hours, wages, or employment benefits; or (2) displace or replace an employee participating in a strike, collective bargaining or union activities, or union organizing. 1306. Reports; technical assistance; research; audit requirement (a) Quarterly reports (1) State reports A State shall submit with each quarterly report required under section 411(a)(1) a report on the State program funded under this part that contains such data and information as the Secretary shall require. (2) Reports to Congress The Secretary shall submit with each annual report to Congress required under section 411(b) a report on the State programs funded under this part, including demonstration projects conducted under section 1309. (b) Ongoing performance assessment (1) In general The Secretary shall study and submit annual reports to Congress that— (A) measure the performances of the State programs funded under this part, including demonstration projects conducted under section 1309; (B) include information about the categories of individuals and employers served by such programs and projects; and (C) describe the activities eligible individuals engaged in during the year. (2) Timing of submissions The Secretary shall submit the reports required by paragraph (1)— (A) in the case of the first such report, 2 years after the date on which the first State program funded under this part is established; and (B) in the case of subsequent reports, annually thereafter. (c) Alignment with workforce innovation and opportunity act programs The Secretary shall coordinate with the Secretary of Labor on aligning performance measures and regulations for the State programs funded under this part with the performance measures and regulations applicable to the core programs of States funded under the Workforce Innovation and Opportunity Act. (d) Individual eligibility assessment guidance The Secretary, in consultation with the Secretary of Labor, shall study and issue guidance to States on best practices for assessing whether an individual satisfies the criteria for being an eligible individual under section 1301(b)(3)(B) as being unlikely to find unsubsidized employment due to individual barriers, local economic conditions, or national economic conditions. (e) New performance measures (1) In general The Secretary shall create new performance measures that address income gains and poverty reduction for eligible individuals participating in the State program funded under this part and the families of such individuals. Such performance measures shall be in addition to the performance accountability measures under section 116(b) of the Workforce Innovation and Opportunity Act for the adult and dislocated worker employment and training activities of the State and aligned with the State program funded under this part. (2) Program access The Secretary shall create a measure of program access to determine the extent to which States are serving individuals with the most significant barriers to employment and the portion of State caseloads that are made up of such workers. (f) Coordination of data collection The Secretary, in consultation with the Secretary of Labor, and, as appropriate, the Secretary of Treasury and the Secretary of Education, shall determine the data States shall collect and report regarding the State program funded under this part and the extent to which that data collection and reporting, and required evaluations, can be coordinated with the data collection, reporting, and evaluations required for the State program funded under part A of title IV and the performance accountability measures under section 116(b) of the Workforce Innovation and Opportunity Act for the adult and dislocated worker employment and training activities of the State. (g) Funding The Secretary shall use funding made available under section 413(h)(1) for research, technical assistance, and evaluation to conduct the performance assessments required under subsection (b). (h) Inspector general audit The Inspector General of the Department of Health and Human Services shall biennially audit a sample of the State programs funded under this part to ensure compliance with program requirements, including compliance with the nondisplacement requirements of section 1305(c), and to identify and protect against any waste, fraud, or abuse in such programs. 1307. Direct funding and administration for programs operated by Indian tribes (a) In general An Indian tribe or intertribal consortium with a tribal family assistance plan approved under section 412 (or any Indian tribe that is a member of such a consortium) that proposes to establish a program under this part shall submit an application to the Secretary to directly receive payments for expenditures made to carry out the program (in this section referred to as a tribal program application (b) Tribal program application requirements Subject to subsection (c), a tribal program application shall include a plan that meets the requirements of section 1302 in the same manner as such requirements apply to a State. (c) Program requirements The program requirements specified in this part shall apply to an Indian tribe or intertribal consortium with a tribal program application and plan approved under this section in the same manner as such requirements apply to a State except to the extent that an Indian tribe or intertribal consortium requests, and the Secretary approves, a waiver or modification of any such requirements. (d) Payments (1) In general Subject to paragraph (2), the Secretary shall pay an Indian tribe or intertribal consortium with a tribal program application and plan approved under this section in the same manner as States are paid under section 1304. (2) Application of tribal FMAP The Federal medical assistance percentage that would apply under subsection (d) of section 479B if an Indian tribe or tribal consortium operated a program under that section (in this subsection referred to as the tribal FMAP 1308. Direct funding and administration for programs operated by local governments (a) In general The Secretary shall establish procedures under which a local government, or a consortium of local governments within a State, may submit an application to the Secretary to establish a program under this part and directly receive payments for expenditures made to carry out the program (in this section referred to as a local government program application (b) Local government program application requirements Subject to subsection (c), a local government program application shall include a plan that meets the requirements of section 1302 in the same manner as such requirements apply to a State. (c) Program requirements The program requirements specified in this part shall apply to a local government or consortium with a local government program application and plan approved under this section in the same manner as such requirements apply to a State except to the extent that a local government or consortium requests, and the Secretary approves, a waiver or modification of any such requirements. (d) Payments The Secretary shall pay a local government or consortium with a local government program application and plan approved under this section in the same manner as the State in which the local government or consortium is located would have been paid under section 1304 if the State had established a State program under this part. 1309. Pro-worker employers demonstration projects (a) Authority To approve demonstration projects The Secretary may authorize States to conduct demonstration projects pursuant to this section which the Secretary finds are likely to promote 1 or more of the purposes described in section 1301(a) through subsidized employment for eligible individuals working for certified pro-worker employers. (b) Conditions for state eligibility A State may be authorized to conduct such demonstration project only if the State satisfies the following conditions: (1) The State submits an application to the Secretary, at such time, in such manner, and containing the information specified in paragraph (2) and such other information as the Secretary requires. (2) The State includes the following information in the application submitted to the Secretary: (A) The criteria for being an eligible individual if the State elects to include individuals not described in section 1301(b)(3). (B) A description of the scientific or quasi-scientific design for the demonstration project that includes a randomized controlled trial or another valid control group. (C) The outcome measures for evaluating the impact of the demonstration project that shall include, at a minimum, the following: (i) The percentage of eligible individuals who are in unsubsidized employment during the second quarter after exiting from the demonstration project. (ii) The percentage of eligible individuals who are in unsubsidized employment during the fourth quarter after exiting from the demonstration project. (iii) The median earnings of eligible individuals who are in unsubsidized employment during the second quarter after exiting from the demonstration project. (iv) Other measures of employment and earnings as specified by the Secretary which, to the greatest extent practicable, shall be based on the information required for State performance reports under section 116(d)(2) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(d)(2) (c) Waiver authority (1) In general The Secretary may waive compliance with any requirement of this part or part A of title IV which (if applied) would prevent a State from carrying out a demonstration project under this section or prevent the State from effectively achieving the purpose of such a project. (2) Cost and budget neutrality The Secretary shall not impose cost or budget neutrality requirement as a condition for approving a demonstration project under this section. (d) Payment to states (1) Treatment as program expenditures The Secretary shall consider the expenditures of any State to conduct a demonstration project under this section to be expenditures under this part. (2) Enhanced FMAP The enhanced FMAP described in the first sentence of section 2105(b) that is applicable to a State for a fiscal year shall apply to payments made to the State for a fiscal year quarter for expenditures to conduct a demonstration project under this section in lieu of the Federal medical assistance percentage applicable to payments made under section 1304(a) to the State for the quarter. If the State is eligible for an increase in the Federal medical assistance percentage applicable to payments under section 1304(a) in accordance with subsection (b) of section 1304, the enhanced FMAP applicable to the State for the fiscal year shall be used to determine the amount of the increase. (e) Duration of demonstration A demonstration project under this section may be conducted for such period of years as the Secretary and a State shall agree, but for not more than 5 years, unless in the judgment of the Secretary, the demonstration project should be allowed to continue. (f) Indian tribes and local governments An Indian tribe or intertribal consortium approved for payments under section 1307 and a local government or a consortium of local governments within a State approved for payments under section 1308 may be considered a State for purposes of conducting a demonstration project under this section. (g) Pro-Worker employer standard (1) Establishment of standard Not later than 2 years after the date of enactment of this part, the Secretary and the Secretary of Labor, jointly shall establish a standard for employers to meet in order to be a certified pro-worker employer for purposes of a demonstration project under this section. At a minimum, the standard shall require that an employer does the following: (A) Offer predictably The employer has scheduling practices with predictable work hours. (B) Provide family-friendly benefits The employer offers paid family and medical leave programs, paid sick days, health insurance, child care, paid time off, and other benefits that contribute to work-life balance, and provides similar or portable benefits to freelance, independent contractors, consultants, outsourced and non-permanent workers, or other contingent workers. (C) Ensure adequate pay The employer pays employees a living wage that enables the employees to meet their basic needs and has policies to ensure fair compensation for freelance, independent contractors, consultants, outsourced and non-permanent workers, or other contingent workers by adopting clear contractual language and committing to on-time payments. (D) Invest in employee growth and development The employer provides in-house or through employee stipends and other financial assistance, access to education and training opportunities and promotes career pathways for entry-level workers which demonstrably improve income and job responsibilities. (E) Reward workers when company does well The employer has profit-sharing practices or other mechanisms that ensure workers benefit when the company grows or increases profits. (2) Process for certification The Secretary of Labor, in consultation with the Secretary shall establish a process by which an employer may apply for and be issued a certification as a pro-worker employer. The process may allow for applications for certification to be considered and issued by a State, the Secretary of Labor, or the Secretary, or an entity under a contract or other arrangement with the Secretary of Labor. (h) Reports and performance assessments The Secretary shall report on and assess the demonstration projects conducted under this section as part of the reports and ongoing performance assessments required under section 1306. (i) Definitions In this section: (1) Certified pro-worker employer The term certified pro-worker employer (2) Eligible individuals The term eligible individuals . (b) Study regarding incentives for ELEVATE program performance (1) In general The Secretary of Health and Human Services shall enter into an agreement with the National Academy of Sciences to evaluate State programs carried out under part A of title XIII of the Social Security Act (as added by subsection (a)), including demonstration projects conducted under section 1309 of that Act (as so added). The evaluation shall analyze the relationships between engagement, impacts, and outcome measures. The evaluation shall also examine the issue of program performance and include recommendations to Congress as to whether and how program performance could be tied to fiscal incentives. (2) Report Not later than 7 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report containing the results of the evaluation conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Secretary determines appropriate. 3. Self-employment assistance benefits and relocation assistance benefits (a) Establishment Title XIII, as added by section 2(a), is amended by adding at the end the following: B Self-Employment and Relocation Assistance Benefits 1321. Self-employment assistance benefits (a) In general Every individual who— (1) is determined to be an eligible self-employment assistance individual (as defined in section 1325); and (2) has filed an application for self-employment assistance under this title, shall be entitled to a self-employment assistance benefit for each week beginning with the first week in which such individual meets the criteria specified in paragraphs (1) and (2) and ending with the benefit termination week (as defined in section 1325) determined with respect to the individual. (b) Amount (1) In general Subject to paragraph (2), the self-employment assistance benefit for an individual shall be the amount equal to ½ of the average weekly earnings from the individual's most recent employment. (2) Maximum limit The self-employment assistance benefit for any individual shall not exceed the amount equal to the maximum weekly unemployment insurance benefit in the State in which the individual resides. 1322. Relocation assistance benefits (a) In general Every individual who— (1) is determined to be an eligible relocation assistance individual (as defined in section 1325); (2) has filed an application for relocation assistance under this title, shall be entitled to a relocation assistance benefit. (b) Amount (1) In general Subject paragraphs (2) and (3), the relocation assistance benefit for an individual shall be a lump-sum amount sufficient to enable the individual to move to a new area to earn family-sustaining wages in employment and may include up to 90 percent of the reasonable and necessary expenses incurred in relocating the individual, the individual's family, and household effects, including subsistence and transportation expenses. (2) Maximum limit (A) In general The relocation assistance benefit for any individual shall not exceed $2,000. (B) Annual adjustment The dollar amount specified in subparagraph (A) shall be increased, beginning with 2020, from year to year based on the percentage increase in the consumer price index for all urban consumers (all items; United States city average), rounded up to the nearest $10. (3) Adjustment for family size An eligible relocation assistance individual who is relocating with a family may be paid a relocation assistance benefit greater than the benefit limit applicable to a year. The size of an individual's family shall be taken into account in determining the amount of such benefit. (c) Limitation An individual may not be paid a relocation assistance benefit more than 1 time during any 5-year period. 1323. Administrative provisions (a) Administration Self-employment assistance benefits and relocation assistance benefits shall be administered by the Director, in consultation with the Secretary of Labor. (b) Other eligibility criteria; application The Director, in consultation with the Secretary of Labor, shall establish— (1) such additional criteria as appropriate for an individual to be eligible for a self-employment assistance benefit or a relocation assistance benefit under this title and for determining the amount of such benefit; (2) application procedures, including with respect to the filing of applications, the furnishing of information and other material, and the reporting of events and changes in circumstances, as may be necessary for the effective and efficient administration of this title, and which shall include permitting applications for a self-employment assistance benefit or relocation assistance benefit to be submitted— (A) online; (B) at field offices of the Social Security Administration; (C) through a one-stop center, as defined in section 3 of the Workforce Innovation and Opportunity Act; or (D) at offices of the Small Business Administration; and (3) audit procedures and other program integrity activities related to the provision of self-employment assistance benefits and relocation assistance benefits. (c) Direct payments A self-employment assistance benefit or a relocation assistance benefit shall be paid directly to an individual and may be included with other benefits or assistance payable to, or on behalf of, the individual under this Act. (d) Entitlement redeterminations An individual's entitlement to a self-employment assistance benefit or a relocation assistance benefit under this title, and the amount of such benefit, may be redetermined at such time or times as the Director determines to be appropriate. (e) Regulations and administrative arrangements (1) In general The Director, in consultation with the Secretary of Labor, may promulgate such regulations, and make such administrative and other arrangements, as may be necessary or appropriate to carry out this title. (2) Suspension and termination of assistance Regulations promulgated by the Director may provide for the suspension and termination of entitlement to a benefit under this title as the Director determines is appropriate. (3) Overpayments and underpayments; penalties for fraud Regulations promulgated by the Director shall apply the provisions of sections 808 and 811 to self-employment assistance benefits and relocation assistance benefits payable under this title in the same manner as such provisions apply to benefits payable under title VIII. (f) Evaluations Not later than January 1, 2025, and periodically thereafter, the Director, in consultation with the Secretary of Labor, shall evaluate and report to Congress on the effectiveness of the self-employment assistance benefits, relocation assistance benefits, and other activities carried out under this title. 1324. Miscellaneous provisions (a) Special rules A self-employment assistance benefit or a relocation assistance benefit— (1) except as provided in subsection (b), shall be paid in addition to any other benefit or assistance for which the individual is entitled to or eligible for under this Act or any other provision of law; and (2) shall not be subject to Federal tax. (b) No concurrent receipt of self-Employment assistance benefit and unemployment compensation An individual may not receive a self-employment assistance benefit for any week if the individual receives unemployment compensation under any State or Federal law (including under the Federal-State Unemployment Compensation Act of 1970 and including unemployment compensation paid as self-employment assistance) for such week. (c) Supplement not supplant Funds made available to carry out this title shall be used to supplement the level of Federal funds that, in the absence of such availability, would be expended to provide a self-employment assistance benefit or reemployment assistance benefit to individuals and in no case to supplant such Federal funds. 1325. Definitions In this title: (1) Benefit termination week The term benefit termination week (A) the week during which the individual is determined to have sufficient earnings from employment, as determined in accordance with criteria established under section 1323; (B) the week during which the individual is determined to no longer have a viable business plan or has stopped carrying out that plan; or (C) the 26th week for which the individual has been paid such benefit. (2) Director The term Director (3) Eligible self-employment assistance individual (A) In general The term eligible self-employment assistance individual (i) who— (I) is eligible for unemployment compensation under any State of Federal law (including under the Federal-State Unemployment Compensation Act of 1970 and including unemployment compensation paid as self-employment assistance); (II) has become unemployed through no fault of his or her own during the most recent 12-week period and is not eligible for any unemployment compensation described in clause (i); or (III) in the case of a self-employed individual or an independent contractor, whose hiring contract or other arrangement has ended during the most recent 12-week period and— (aa) whose most recent Federal income tax return shows an average profit of at least $4,600; or (bb) who attests to an average of $1,500 in quarterly profits for the most recently ended taxable year, more than 50 percent of which come from income from self-employment; and (ii) has a viable business plan, as determined by the Department of Labor of the State in which the individual resides, a local workforce development board in such State, or the Small Business Administration, is working on that business at least 20 hours per week, and is— (I) fully unemployed; or (II) partially unemployed and earning not less than ½ of the average weekly earnings from the individual's most recent employment or ½ of the amount of their weekly self-employment assistance benefit, whichever is greater. (B) Annual adjustment The dollar amounts specified in subclause (III) of subparagraph (A)(i) shall be increased, beginning with 2020, from year to year based on the percentage increase in the consumer price index for all urban consumers (all items; United States city average), rounded up to the nearest $10. (4) Eligible relocation assistance individual The term eligible relocation assistance individual (A) who is— (i) a dislocated worker, as defined in section 3 of the Workforce Innovation and Opportunity Act; (ii) a long-term unemployed individual, as determined in accordance with criteria established under section 1323; or (iii) an underemployed individual, as so determined; (B) who has filed an application for relocation assistance before relocating within the United States; and (C) with respect to whom a determination has been made that the individual— (i) has obtained suitable employment affording a reasonable expectation of long-term duration in the area in which the individual wishes to relocate, has obtained a bona fide offer of such employment, or has a reasonable expectation of obtaining such employment; and (ii) cannot reasonably be expected to secure comparable employment in the commuting area in which the individual resides. (5) Local workforce development board The term local workforce development board 1326. Authorization of appropriations For the purpose of carrying out this part, there are authorized to be appropriated such sums as may be necessary for each fiscal year beginning with fiscal year 2020. . (b) Establishment of office of reemployment assistance Title VII of the Social Security Act ( 42 U.S.C. 901 714. Office of Reemployment Assistance (a) Establishment The Commissioner, in consultation with the Secretary, shall establish in the Social Security Administration an Office of Reemployment Assistance. The Office shall be headed by a Director who shall be appointed by the Commissioner, in consultation with the Secretary. (b) Duties The Director shall— (1) administer self-employment assistance benefits under part B of title XIII; (2) administer relocation assistance benefits under part B of title XIII; (3) advise the Commissioner and the Secretary on the effects of current policies and proposed statutory, regulatory, administrative, and budgetary changes affecting self-employment assistance benefits and relocation assistance benefits under part B of title XIII; (4) establish and maintain a clearinghouse for collecting and disseminating information on— (A) issues relating to self-employment assistance benefits and relocation assistance benefits; (B) research findings relating to such benefits and reemployment programs; and (C) innovative reemployment programs and activities; (5) coordinate the activities within the Administration and the Department of Labor that relate to the provision of self-employment assistance benefits and relocation assistance benefits under part B of title XIII; (6) provide information to the Commissioner, Secretary, and others in the Administration and Department of Labor with respect to the activities of other Federal departments and agencies that relate to self-employment assistance benefits and relocation assistance benefits and reemployment programs and activities; and (7) administer grants, cooperative agreements, and contracts to provide technical assistance and other activities as necessary to support activities related to the provision of self-employment assistance benefits, relocation assistance benefits, and reemployment programs and activities. (c) Definitions In this section: (1) Administration The term Administration (2) Commissioner The term Commissioner (3) Director The term Director (4) Office The term Office (5) Secretary The term Secretary (d) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each fiscal year beginning with fiscal year 2020. . 4. Employee retention work opportunity credit (a) In general Section 51 (l) Employee retention credit (1) In general The amount of the work opportunity credit determined under subsection (a) for the taxable year shall be increased by an amount equal to 40 percent of the qualified second-year wages for such year with respect to ELEVATE employees. (2) Qualified second-year wages (A) In general For purposes of this subsection, the term qualified second-year wages (i) which are paid to an ELEVATE employee, and (ii) which are attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to such employee determined under subsection (b)(2). (B) Limitation The amount of the qualified second-year wages which may be taken into account with respect to any individual shall not exceed $6,000 per year. (3) ELEVATE employee For purposes of this subsection, the term ELEVATE employee . (b) GAO study The Comptroller General of the United States shall conduct a study on the employee retention credit under section 51(l) (1) whether such retention credit had a meaningful impact on retention as compared with other currently existing and previous subsidized employment programs; and (2) whether such retention credit was easily understood by employers and had an impact on hiring decisions in addition to any subsidy received under title XIII of the Social Security Act. (c) Extension of work opportunity credit Paragraph (4) of section 51(c) December 31, 2019 December 31, 2021 (d) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 5. Conforming amendments (a) TANF (1) State plan Section 402 ( 42 U.S.C. 602 (A) in subsection (a)(1)— (i) in subparagraph (A)(iii), by inserting or employment services, training and other services and activities, and supportive services provided under the State program funded under part A of title XIII (ii) in subparagraph (B)— (I) in clause (iv), by inserting , unless the parent or caretaker is participating in the State program funded under part A of title XIII (II) by adding at the end the following: (VI) The document shall indicate whether the State elects to carry out a State program to provide employment services, training and other services and activities, and supportive services under part A of title XIII. ; and (B) by adding at the end the following: (d) State option To submit plan that aligns with the State plan under title XIII–A A State may elect to submit the State plan required under this section at the same time and in the same manner, and to apply for the same period, as the State plan required under section 1302. . (2) Participation in the State employment, training, and supportive services program under title XIII–A deemed to be meeting work participation requirements Section 407(c)(2) ( 42 U.S.C. 607(c)(2) (E) Participation in the State employment, training, and supportive services program under title XIII–A deemed to be meeting work participation requirements For purposes of determining monthly participation rates under paragraphs (1)(B)(i) and (2)(B) of subsection (b), the following individuals are deemed to be engaged in work for a month: (i) Recipients Any recipient who is participating in the State employment, training, and supportive services program under part A of title XIII (for any number of hours per week during the month) and is receiving assistance under the State program funded under this part or under any State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)). (ii) Individuals who would otherwise be recipients Any individual who is participating in the State employment, training, and supportive services program under part A of title XIII (for any number of hours per week during the month) and would be a recipient of assistance under the State program funded under this part or under any State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) but for the individual's participation in the State employment, training and supportive services program under part A of title XIII. . (3) Tribal programs Section 412(b) ( 42 U.S.C. 612(b) (4) Option to submit plan that aligns with the State plan under title XIII–A Subsection (d) of section 402 shall apply to a tribal family assistance plan in the same manner as that section applies to a plan under that section. . (4) Administration Section 416 ( 42 U.S.C. 616 (A) by striking and part D shall be administered by an Assistant Secretary for Family Support within the Department of Health and Human Services , part D, and part A of title XIII shall be administered by the Assistant Secretary for the Administration for Children and Families within the Department of Health and Human Services (and in the case of part A of title XIII, in consultation with the Secretary of Labor and the Secretary of Education) (B) by striking by law, by law. (b) Title VII Section 701(b) of such Act ( 42 U.S.C. 901(b) (1) by inserting a comma after title II (2) by inserting , and the benefits program established under part B of title XIII (c) Title XI Section 1101(a)(1) of such Act ( 42 U.S.C. 1301(a)(1) title XX titles XIII and XX (d) Internal revenue code (1) Work opportunity credit Section 51(c)(2)(B) section 482(e) part A of title XIII (2) Disclosure of returns and return information Subparagraph (D) of section 6103(l)(7) (A) by striking and (B) by striking the period at the end of clause (ix) and inserting ; and (C) by inserting after clause (ix) the following new clause: (x) any benefits or assistance under part B of title XIII of the Social Security Act. . (e) Table of contents for title XIII Title XIII, as added by section 2(a) and amended by section 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. . 6. Effective date; regulations (a) Effective date Except as provided in section 4(d), the amendments made by this Act shall take effect on October 1, 2019. (b) Regulations (1) Employment, training, and supportive services program The Secretary of Health and Human Services, in consultation with the Secretary of Labor and the Secretary of Education, shall— (A) not later than 6 months after the date of the enactment of this Act, issue proposed regulations for the purpose of implementing part A of title XIII of the Social Security Act (as added by section 2 of this Act), including regulations establishing uniform data collection requirements; and (B) not later than 1 year after the date of enactment of this Act, publish final regulations for such purpose. (2) Self-employment and relocation assistance benefits The Commissioner of Social Security, through the Director of the Office of Reemployment Assistance (as established under section 3(b) of this Act) and in consultation with the Secretary of Labor, shall— (A) not later than 6 months after the date of enactment of this Act, issue proposed regulations for the purpose of implementing part B of title XIII of the Social Security Act (as added by section 3 of this Act), including regulations establishing uniform data collection requirements; and (B) not later than 1 year after the date of the enactment of this Act, publish final regulations for such purpose.

Summary: Economic Ladders to End Volatility and Advance Training and Employment Act of 2019 or the ELEVATE Act of 2019 This bill establishes a federal program to help fund (1) state- and tribe-run job-assistance programs, and (2) assistance for self-employed individuals and workers who relocate for employment opportunities. The Department of Health and Human Services shall provide funds for programs that assist eligible individuals, such as those who face barriers to employment. Such programs shall provide employment services, training, and related services. The bill also establishes criteria for using such funds for various purposes, including subsidized jobs. The bill also establishes various reporting and application requirements for states seeking funds for such programs. The bill establishes an assistance program for self-employed individuals who meet various requirements and whose most recent contracts ended through no fault of their own. Such individuals shall be entitled to a weekly benefit equal to half of the average weekly earnings from their last employment, not to exceed the maximum available for unemployment benefits. An individual may not concurrently receive unemployment compensation and self-employment assistance. Dislocated workers and long-term unemployed individuals shall be entitled to assistance for moving to a new area to earn family-sustaining employment. Such assistance may cover up to 90% of reasonable expenses, subject to a cap of $2,000 for an individual. The bill establishes the Office of Reemployment Assistance in the Social Security Administration to administer the self-employment and relocation assistance programs.