Title: HAND UP Act
Policy area: Social Welfare

Summary:
Help Americans in Need Develop Their Ultimate Potential Act or the HAND UP Act
This bill allows state entities administering specified social-welfare programs to carry out demonstration projects designed to support individuals and families with the goal of moving them towards self-sufficiency, reducing dependence, and increasing work and earnings by testing methods of program integration and coordination of services.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2249 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 2249

To authorize a State or a portion of a State to conduct a demonstration 
      project designed to test methods of program integration and 
   coordination of services with the goals of moving individuals and 
  families towards self-sufficiency, reducing welfare dependence, and 
                     increasing work and earnings.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2017

   Mr. Reed (for himself, Mr. Byrne, Mr. Kelly of Pennsylvania, Mr. 
 Pittenger, and Mr. Coffman) introduced the following bill; which was 
  referred to the Committee on Ways and Means, and in addition to the 
   Committees on Agriculture, Financial Services, Education and the 
  Workforce, and Energy and Commerce, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To authorize a State or a portion of a State to conduct a demonstration 
      project designed to test methods of program integration and 
   coordination of services with the goals of moving individuals and 
  families towards self-sufficiency, reducing welfare dependence, and 
                     increasing work and earnings.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Help Americans in Need Develop their 
Ultimate Potential Act'' or the ``HAND UP Act''.

SEC. 2. PROGRAM COORDINATION DEMONSTRATION PROJECTS.

    (a) Purpose.--The purpose of this section is to establish a program 
of demonstration projects in a State or portion of a State to provide 
supports to individuals and families with the goal of moving them 
towards self-sufficiency, reducing welfare dependence, and increasing 
work and earnings by testing methods of program integration and 
coordination of services which will result in more effective service 
delivery and better outcomes for recipients.
    (b) Definitions.--In this section:
            (1) Administering secretary.--The term ``administering 
        Secretary'' means, with respect to a qualified program, the 
        head of the Federal agency responsible for administering the 
        program.
            (2) Qualified program.--The term ``qualified program'' 
        means--
                    (A) a program under part A of title IV of the 
                Social Security Act;
                    (B) the program under title XX of the Social 
                Security Act;
                    (C) activities funded under titles I and II of the 
                Workforce Innovation and Opportunity Act (29 U.S.C. 
                3101 et seq.);
                    (D) activities funded under the United States 
                Housing Act of 1937 (42 U.S.C. 1437 et seq.), except 
                that such term shall not include the program under 
                section 7 of such Act (42 U.S.C. 1437e) for designating 
                public housing for occupancy by certain populations;
                    (E) the supplemental nutrition assistance program 
                as defined in section 3 of the Food and Nutrition Act 
                of 2008 (7 U.S.C. 2012); or
                    (F) the Medicaid program under title XIX of the 
                Social Security Act (42 U.S.C. 1396 et seq.).
    (c) Application Requirements.--The head of a State entity or of a 
sub-State entity administering 2 or more qualified programs proposed to 
be included in a demonstration project under this section shall (or, if 
the project is proposed to include qualified programs administered by 2 
or more such entities, the heads of the administering entities (each of 
whom shall be considered an applicant for purposes of this section) 
shall jointly) submit to the administering Secretary an application 
that contains the following:
            (1) Programs included.--A statement identifying each 
        qualified program to be included in the project, and describing 
        how the purposes of each such program will be achieved by the 
        project.
            (2) Population served.--A statement identifying the 
        population to be served by the project and specifying the 
        eligibility criteria to be used.
            (3) Description and justification.--A detailed description 
        of the project, including--
                    (A) a description of how the project is expected to 
                improve or enhance achievement of the purposes of the 
                programs to be included in the project, from the 
                standpoint of quality, of cost-effectiveness, or of 
                both;
                    (B) a description of the performance objectives for 
                the project, including any proposed modifications to 
                the performance measures and reporting requirements 
                used in the programs;
                    (C) a description of how the project will achieve 
                the goal of moving recipients to self-sufficiency; and
                    (D) the length of time a project will last.
            (4) Waivers requested.--A description of the statutory and 
        regulatory requirements with respect to which a waiver is 
        requested in order to carry out the project, and a 
        justification of the need for each such waiver.
            (5) Cost limitation.--Such information and assurances as 
        necessary to establish to the satisfaction of the administering 
        Secretary, in consultation with the Director of the Office of 
        Management and Budget, that the proposed project is reasonably 
        expected to meet the applicable cost limitation requirements of 
        subsection (d)(4).
            (6) Use of certain savings.--
                    (A) In general.--If the State or sub-State entity 
                desires to use not more than \1/2\ of the savings to be 
                realized from carrying out the proposed project in a 
                fiscal year, to meet 1 or more requirements imposed by 
                or under a Federal law pertaining to education, a 
                description of how the State or sub-State entity will 
                so use that portion of the savings.
                    (B) Definitions.--In this paragraph:
                            (i) Savings.--The term ``savings'' means, 
                        with respect to a proposed project and a fiscal 
                        year, the amount (if any) by which--
                                    (I) the total of the amount that 
                                would be payable by the Federal 
                                Government for the fiscal year with 
                                respect to the affected programs in the 
                                State in which the applicant is 
                                located, if the proposed project were 
                                not conducted, as determined by the 
                                Director of the Office of Management 
                                and Budget; exceeds
                                    (II) the total of the amounts that 
                                would be payable by the Federal 
                                Government for the fiscal year with 
                                respect to the programs if the proposed 
                                project were conducted (as so 
                                determined).
                            (ii) Affected programs.--The term 
                        ``affected programs'' means, with respect to a 
                        proposed project, the programs that would be 
                        affected if the proposed project were 
                        conducted.
            (7) Evaluation and reports.--An assurance that the 
        applicant will--
                    (A) obtain an evaluation by an independent 
                contractor of the extent to which the project is 
                meeting the purposes of this section, using an 
                evaluation design that, to the maximum extent feasible, 
                includes random assignment of clients (or entities 
                serving clients) to service delivery and control 
                groups; and
                    (B) make an interim report and a final report to 
                the administering Secretary, in such manner as the 
                administering Secretary may require, and implement such 
                data systems as are necessary for the reports to be so 
                made.
            (8) Public housing agency plan.--In the case of an 
        application proposing a demonstration project that includes 
        activities referred to in subsection (b)(2)(D) of this 
        section--
                    (A) a certification that the applicable annual 
                public housing agency plan of any agency affected by 
                the project that is approved under section 5A of the 
                United States Housing Act of 1937 (42 U.S.C. 1437c-1) 
                by the Secretary of Housing and Urban Development 
                includes the information specified in paragraphs (1) 
                through (4) of this subsection; and
                    (B) any resident advisory board recommendations, 
                and other information, relating to the project that, 
                pursuant to section 5A(e)(2) of the United States 
                Housing Act of 1937 (42 U.S.C. 1437c-1(e)(2)), is 
                required to be included in the public housing agency 
                plan of any public housing agency affected by the 
                project.
            (9) Other information and assurances.--Such other 
        information and assurances as the administering Secretary may 
        require.
    (d) Approval of Application.--
            (1) In general.--The administering Secretary with respect 
        to a qualified program that is identified in an application 
        submitted pursuant to subsection (c) shall approve the 
        application and, except as provided in paragraph (2), waive any 
        requirement applicable to the program, to the extent consistent 
        with this section and necessary and appropriate for the conduct 
        of the demonstration project proposed in the application if the 
        administering Secretary determines that the project--
                    (A) has a reasonable likelihood of achieving the 
                objectives of the programs to be included in the 
                project;
                    (B) may reasonably be expected to meet the 
                applicable cost limitation requirements of paragraph 
                (4), as determined by the Director of the Office of 
                Management and Budget; and
                    (C) includes the coordination of 2 or more 
                qualified programs.
            (2) Provisions excluded from waiver authority.--A waiver 
        shall not be granted under paragraph (1)--
                    (A) with respect to any provision of law relating 
                to--
                            (i) civil rights or prohibition of 
                        discrimination;
                            (ii) purposes or goals of any program;
                            (iii) maintenance of effort requirements;
                            (iv) health or safety;
                            (v) wage and hour requirements under 
                        sections 6 and 7 of the Fair Labor Standards 
                        Act of 1938 (29 U.S.C. 206; 207); or
                            (vi) environmental protection;
                    (B) with respect to any work requirement imposed 
                pursuant to section 407 of the Social Security Act;
                    (C) with respect to section 241(a) of the Adult 
                Education and Family Literacy Act (29 U.S.C. 3331(a));
                    (D) in the case of a program under the United 
                States Housing Act of 1937 (42 U.S.C. 1437 et seq.), 
                with respect to any requirement under section 5A of 
                such Act (42 U.S.C. 1437c-1; relating to public housing 
                agency plans and resident advisory boards);
                    (E) in the case of a program under the Workforce 
                Innovation and Opportunity Act (29 U.S.C. 3101 et 
                seq.), with respect to any requirement the waiver of 
                which would violate section 189(i)(3)(A)(i) of such Act 
                (29 U.S.C. 3249(i)(3)(A)(i));
                    (F) in the case of the supplemental nutrition 
                assistance program (as defined in section 3 of the Food 
                and Nutrition Act of 2008 (7 U.S.C. 2012)), with 
                respect to any requirement under--
                            (i) section 6 (if waiving a requirement 
                        under such section would have the effect of 
                        expanding eligibility for the program), 7(b) or 
                        16(c) of such Act (7 U.S.C. 2011 et seq.); or
                            (ii) title IV of the Personal 
                        Responsibility and Work Opportunity 
                        Reconciliation Act of 1996 (8 U.S.C. 1601 et 
                        seq.);
                    (G) with respect to any requirement that a State 
                pass through to a sub-State entity part or all of an 
                amount paid to the State;
                    (H) if the waiver would waive any funding 
                restriction or limitation provided in an appropriations 
                Act, or would have the effect of transferring 
                appropriated funds from 1 appropriations account to 
                another; or
                    (I) except as otherwise provided by statute, if the 
                waiver would waive any funding restriction applicable 
                to a program authorized under an Act which is not an 
                appropriations Act (but not including program 
                requirements such as application procedures, 
                performance standards, reporting requirements, or 
                eligibility standards), or would have the effect of 
                transferring funds from a program for which there is 
                direct spending (as defined in section 250(c)(8) of the 
                Balanced Budget and Emergency Deficit Control Act of 
                1985) to another program.
            (3) Agreement of each administering secretary required.--
                    (A) In general.--An applicant may not conduct a 
                demonstration project under this section unless each 
                administering Secretary with respect to any program 
                proposed to be included in the project has approved the 
                application to conduct the project.
                    (B) Agreement with respect to funding and 
                implementation.--Before approving an application to 
                conduct a demonstration project under this section, an 
                administering Secretary shall have in place an 
                agreement with the applicant with respect to the 
                payment of funds and responsibilities of the 
                administering Secretary with respect to the project.
            (4) Cost limitation requirement.--
                    (A) General rule.--Notwithstanding any other 
                provision of law (except subparagraph (B)), the total 
                of the amounts that may be paid by the Federal 
                Government for a fiscal year with respect to the 
                programs in the State in which an entity conducting a 
                demonstration project under this section is located 
                that are affected by the project shall not exceed the 
                estimated total amount that the Federal Government 
                would have paid for the fiscal year with respect to the 
                programs if the project had not been conducted, as 
                determined by the Director of the Office of Management 
                and Budget.
                    (B) Special rule.--If an applicant submits to the 
                Director of the Office of Management and Budget a 
                request to apply the rules of this subparagraph to the 
                programs in the State in which the applicant is located 
                that are affected by a demonstration project proposed 
                in an application submitted by the applicant pursuant 
                to this section, during such period of not more than 5 
                consecutive fiscal years in which the project is in 
                effect, and the Director determines, on the basis of 
                supporting information provided by the applicant, to 
                grant the request, then, notwithstanding any other 
                provision of law, the total of the amounts that may be 
                paid by the Federal Government for the period with 
                respect to the programs shall not exceed the estimated 
                total amount that the Federal Government would have 
                paid for the period with respect to the programs if the 
                project had not been conducted.
            (5) 90-day approval deadline.--
                    (A) In general.--If an administering Secretary 
                receives an application to conduct a demonstration 
                project under this section and does not disapprove the 
                application within 90 days after the receipt, then--
                            (i) the administering Secretary is deemed 
                        to have approved the application for such 
                        period as is requested in the application, 
                        except to the extent inconsistent with 
                        subsection (e); and
                            (ii) any waiver requested in the 
                        application which applies to a qualified 
                        program that is identified in the application 
                        and is administered by the administering 
                        Secretary is deemed to be granted, except to 
                        the extent inconsistent with paragraph (2) or 
                        (4) of this subsection.
                    (B) Deadline extended if additional information is 
                sought.--
                            (i) In general.--The 90-day period referred 
                        to in subparagraph (A) shall not include any 
                        period that begins with the date the 
                        administering Secretary requests the applicant 
                        to provide additional information with respect 
                        to the application and ends with the date the 
                        additional information is provided.
                            (ii) Limitation on number of requests for 
                        additional information.--An administering 
                        Secretary may not make more than 1 request for 
                        additional information with respect to an 
                        application submitted pursuant to this section.
                            (iii) 1-year limit on response period.--If 
                        1 year has elapsed since the date an 
                        administering Secretary made a request to an 
                        applicant under this subparagraph with respect 
                        to an application, and the administering 
                        Secretary has not received from the applicant a 
                        response to the request, the administering 
                        Secretary shall immediately approve or 
                        disapprove the application.
            (6) Rule of construction.--Nothing in this Act shall be 
        construed to require the payment of the minimum wage in effect 
        under section 6 of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 206) to any individual other than an employee of an 
        employer subject to such section.
            (7) Disapproval.--If an administering Secretary disapproves 
        an application submitted pursuant to this section, the 
        administering Secretary shall include with the notice of 
        disapproval an explanation of the reasons for the disapproval 
        with specific reference to the particular requirements of 
        paragraph (1) not met by the application.
    (e) Duration of Project.--A demonstration project under this 
section may be approved for a term of not more than 5 years.
    (f) Modification of Project.--
            (1) Request for modification.--An entity conducting a 
        demonstration project approved under this section may submit to 
        each administering Secretary with respect to any program 
        included in the project a request to modify the project.
            (2) Requirement.--An administering Secretary may not 
        approve a request submitted under paragraph (1) with respect to 
        a project, unless the administering Secretary determines that, 
        if the request is not approved, the project will not achieve 
        its performance objectives because economic conditions have 
        changed since the project was approved.
            (3) 30-day approval deadline after response.--If an 
        administering Secretary receives a request made under this 
        subsection and does not disapprove the request within 30 days 
        after the receipt, the administering Secretary is deemed to 
        have approved the request, except to the extent inconsistent 
        with subsection (d)(2), (d)(4), or (e).
            (4) Agreement of each administering secretary required.--
                    (A) In general.--The entity conducting a 
                demonstration project approved under this section may 
                not modify the project, except in accordance with a 
                request approved under this subsection by each 
                administering Secretary with respect to any program 
                included in the project.
                    (B) Agreement with respect to funding and 
                implementation.--Before approving a request to modify a 
                demonstration project approved under this section, an 
                administering Secretary shall have in place an 
                agreement with the requestor with respect to the 
                payment of funds and responsibilities of the 
                administering Secretary with respect to the modified 
                project.
    (g) Early Termination of Project.--An administering Secretary with 
respect to a demonstration project conducted under this section may 
terminate the project if the administering Secretary--
            (1) determines that the entity conducting the project has 
        violated the substantive terms or conditions of the project;
            (2) notifies the entity in writing with sufficient detail 
        describing the violation; and
            (3) determines that the State has not taken action to 
        correct the violation during the 90-day period beginning with 
        the date the entity received the notice.
    (h) Reports to Congress.--
            (1) Report on disposition of applications.--Within 90 days 
        after an administering Secretary receives an application 
        submitted pursuant to this section, the administering Secretary 
        shall submit to each Committee of the Congress which has 
        jurisdiction over a qualified program identified in the 
        application notice of the receipt, a description of the 
        decision of the administering Secretary with respect to the 
        application, and the reasons for approving or disapproving the 
        application.
            (2) Reports on projects.--Each administering Secretary that 
        has jurisdiction over a qualified program that is part of a 
        demonstration project approved under this section shall provide 
        annually to each Committee of the Congress that has 
        jurisdiction over the program a report, which shall include--
                    (A) the number of waivers granted for the project 
                under this section, and the specific statutory 
                provisions, if any, waived;
                    (B) in the case of a project for which such a 
                waiver is granted--
                            (i) how well the project is improving or 
                        enhancing program achievement from the 
                        standpoint of quality, cost-effectiveness, or 
                        both;
                            (ii) how well the project is meeting the 
                        performance objectives specified in subsection 
                        (c)(3)(B); and
                            (iii) how the project is conforming with 
                        the cost limitation requirements of subsection 
                        (d)(4);
                    (C) the number of individuals engaged in the 
                program under the project;
                    (D) the number of individuals so engaged who 
                completed education or workforce development programs;
                    (E) the number of individuals so engaged who 
                reduced their dependence on government benefits as a 
                result of self-sufficiency;
                    (F) an explanation of the functions the State or 
                sub-State project employed to help individuals achieve 
                self sufficiency;
                    (G) an up-to-date statement of the cost of the 
                project, and of the expected future costs of continuing 
                the project;
                    (H) to the extent the administering Secretary deems 
                appropriate, recommendations for modifying programs 
                based on project outcomes; and
                    (I) if the project has been carried out for at 
                least 30 months, a statement as to whether the project 
                is meeting the goals of the project and a determination 
                as to whether the project will be continued for the 
                remainder of the term for which the project was 
                approved.
            (3) Funding.--Each administering Secretary that has 
        jurisdiction over a qualified program that is part of a 
        demonstration project approved under this section shall reserve 
        an amount equal to not more than 1 percent of the amount to be 
        provided for the conduct of the project, and use the amount so 
        reserved to carry out this subsection with respect to the 
        project.

SEC. 3. AMENDMENT TO UNITED STATES HOUSING ACT OF 1937.

    Section 5A(d) of the United States Housing Act of 1937 (42 U.S.C. 
1437c-1(d)) is amended--
            (1) by redesignating paragraph (19) as paragraph (20); and
            (2) by inserting after paragraph (18) the following new 
        paragraph:
            ``(19) Program coordination demonstration projects.--In the 
        case of an agency that administers an activity referred to in 
        section 2(b)(2)(D) of the HAND UP Act that, during such fiscal 
        year, will be included in a demonstration project under section 
        2 of such Act, the information that is required to be included 
        in the application for the project pursuant to paragraphs (1) 
        through (4) of section 2(c) of such Act.''.
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