Jobs and Opportunity with Benefits and Services for Success Act

II 116TH CONGRESS 1ST SESSION S. 802 To amend part A of title IV of the Social Security Act, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 14, 2019 Mr. DAINES introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend part A of title IV of the Social Security Act, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Jobs and Opportunity 4 with Benefits and Services for Success Act’’. 5 SEC. 2. TABLE OF CONTENTS. 6 The table of contents of this Act is as follows: 7 Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Re-naming of program. Sec. 5. Helping more Americans enter and remain in the workforce. Sec. 6. Expecting universal engagement and case management. Sec. 7. Promoting accountability by measuring work outcomes. VerDate Sep 11 2014 00:42 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S802.IS S802 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 802 IS Sec. 8. Targeting funds to truly needy families. Sec. 9. Targeting funds to core purposes. Sec. 10. Strengthening program integrity by measuring improper payments. Sec. 11. Prohibition on State diversion of Federal funds to replace State spend- ing. Sec. 12. Inclusion of poverty reduction as a program purpose. Sec. 13. Welfare for needs not weed. Sec. 14. Strengthening accountability through HHS approval of State plans. Sec. 15. Aligning and improving data reporting. Sec. 16. Technical corrections to data exchange standards to improve program coordination. Sec. 17. Set-aside for economic downturns. Sec. 18. Definitions related to use of funds. Sec. 19. Elimination of obsolete provisions. Sec. 20. Effective date. SEC. 3. REFERENCES. 1 Except as otherwise expressly provided, wherever in 2 this Act an amendment or repeal is expressed in terms 3 of an amendment to, or repeal of, a section or other provi- 4 sion, the reference shall be considered to be made to a 5 section or other provision of the Social Security Act. 6 SEC. 4. RE-NAMING OF PROGRAM. 7 (a) IN GENERAL.—The heading for part A of title 8 IV is amended to read as follows: 9 ‘‘PART A—JOBS AND OPPORTUNITY WITH 10 BENEFITS AND SERVICES PROGRAM’’. 11 (b) CONFORMING AMENDMENTS.— 12 (1) The heading for section 403(a)(2)(B) (42 13 U.S.C. 603(a)(2)(B)) is amended by striking 14 ‘‘TANF’’ and inserting ‘‘JOBS’’. 15 (2) The heading for section 413 (42 U.S.C. 16 613) is amended by striking ‘‘TEMPORARY AS- 17 SISTANCE FOR NEEDY FAMILIES’’ and inserting 18 VerDate Sep 11 2014 00:42 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S802.IS S802 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 802 IS ‘‘JOBS AND OPPORTUNITY WITH BENEFITS AND 1 SERVICES’’. 2 (3) The heading for section 413(a) (42 U.S.C. 3 613(a)) is amended by striking ‘‘TANF’’ and insert- 4 ing ‘‘JOBS’’. 5 (4) The heading for section 471(e)(7)(B)(i) (42 6 U.S.C. 671(e)(7)(B)(i)), as in effect pursuant to the 7 amendment made by section 50711(a)(2) of division 8 E of the Bipartisan Budget Act of 2018 (Public 9 Law 115–123), is amended by striking ‘‘TANF’’ 10 and inserting ‘‘JOBS’’. 11 SEC. 5. HELPING MORE AMERICANS ENTER AND REMAIN IN 12 THE WORKFORCE. 13 (a) FAMILY ASSISTANCE GRANTS.—Section 14 403(a)(1) (42 U.S.C. 603(a)(1)) is amended in each of 15 subparagraphs (A) and (C) by striking ‘‘2017 and 2018’’ 16 and inserting ‘‘2019 through 2024’’. 17 (b) HEALTHY MARRIAGE PROMOTION AND RESPON- 18 SIBLE FATHERHOOD GRANTS.—Section 403(a)(2)(D) (42 19 U.S.C. 603(a)(2)(D)) is amended— 20 (1) by striking ‘‘2017 and 2018’’ and inserting 21 ‘‘2019 through 2024’’; and 22 (2) by striking ‘‘for fiscal year 2017 or 2018’’. 23 (c) TRIBAL GRANTS.—Section 412(a) (42 U.S.C. 24 612(a)) is amended in each of paragraphs (1)(A) and 25 VerDate Sep 11 2014 00:42 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S802.IS S802 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 802 IS (2)(A) by striking ‘‘2017 and 2018’’ and inserting ‘‘2019 1 through 2024’’. 2 (d) IMPROVING ACCESS TO CHILD CARE TO SUP- 3 PORT WORK.—Section 418(a)(3) (42 U.S.C. 618(a)(3)) is 4 amended to read as follows: 5 ‘‘(3) APPROPRIATION.—For grants under this 6 section, there are appropriated— 7 ‘‘(A) $2,917,000,000 for fiscal year 2019; 8 and 9 ‘‘(B) $3,525,000,000 for each of fiscal 10 years 2020 through 2024.’’. 11 (e) GRANTS TO THE TERRITORIES.—Section 12 1108(b)(2) (42 U.S.C. 1308(b)(2)) is amended by striking 13 ‘‘2017 and 2018’’ and inserting ‘‘2019 through 2024’’. 14 (f) PRORATING OF APPROPRIATIONS FOR FISCAL 15 YEAR 2019.—Notwithstanding the amendments made by 16 the subsections (a) through (c) and (e) of this section, the 17 amount appropriated in each provision of law amended by 18 such subsections for fiscal year 2019 shall be— 19 (1) the amount that would be so appropriated 20 in the absence of this subsection; multiplied by 21 (2) the number of days in the period from the 22 date of the enactment of this Act through September 23 30, 2019, divided by 365. 24 VerDate Sep 11 2014 00:42 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S802.IS S802 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 802 IS (g) EFFECTIVE DATE.—This section and the amend- 1 ments made by this section shall take effect on the date 2 of the enactment of this Act. 3 SEC. 6. EXPECTING UNIVERSAL ENGAGEMENT AND CASE 4 MANAGEMENT. 5 Section 408(b) (42 U.S.C. 608(b)) is amended to 6 read as follows: 7 ‘‘(b) INDIVIDUAL OPPORTUNITY PLANS.— 8 ‘‘(1) ASSESSMENT.—The State agency respon- 9 sible for administering the State program funded 10 under this part shall make an initial assessment of 11 the following for each work-eligible individual (as de- 12 fined in the regulations promulgated pursuant to 13 section 407(i)(1)(A)(i)): 14 ‘‘(A) The education obtained, skills, prior 15 work experience, work readiness, and barriers 16 to work of the individual. 17 ‘‘(B) The well-being of the children in the 18 family of the individual and, where appropriate, 19 activities or services (such as services offered by 20 a program funded under section 511) to im- 21 prove the well-being of the children. 22 ‘‘(2) CONTENTS OF PLANS.—On the basis of 23 the assessment required by paragraph (1) of this 24 subsection, the State agency, in consultation with 25 VerDate Sep 11 2014 00:42 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S802.IS S802 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 802 IS the individual, shall develop an individual oppor- 1 tunity plan that— 2 ‘‘(A) includes a personal responsibility 3 agreement in which the individual acknowledges 4 receipt of publicly funded benefits and responsi- 5 bility to comply with program requirements in 6 order to receive the benefits; 7 ‘‘(B) sets forth the obligations of the indi- 8 vidual to participate in work activities (as de- 9 fined in section 407(d)), and the number of 10 hours per month for which the individual will so 11 participate pursuant to section 407; 12 ‘‘(C) sets forth an employment goal and 13 planned short-, intermediate-, and long-term ac- 14 tions to achieve the goal, and, in the case of an 15 individual who has not attained 24 years of age 16 and is in secondary school or the equivalent, the 17 intermediate action may be completion of sec- 18 ondary school or the equivalent; 19 ‘‘(D) describes the job counseling and 20 other services the State will provide to the indi- 21 vidual to enable the individual to obtain and 22 keep unsubsidized employment; 23 VerDate Sep 11 2014 00:42 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S802.IS S802 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 802 IS ‘‘(E) may include referral to appropriate 1 substance abuse or mental health treatment; 2 and 3 ‘‘(F) is signed by the individual. 4 ‘‘(3) TIMING.—The State agency shall comply 5 with paragraphs (1) and (2) with respect to a work- 6 eligible individual— 7 ‘‘(A) within 1 year after the effective date 8 of this subsection, in the case of an individual 9 who, as of such effective date, is a recipient of 10 assistance under the State program funded 11 under this part (as in effect immediately before 12 such effective date); or 13 ‘‘(B) within 60 days after the individual is 14 determined to be eligible for the assistance, in 15 the case of any other individual. 16 ‘‘(4) UNIVERSAL ENGAGEMENT.—Subject to the 17 exceptions in paragraph (3), each State shall require 18 all work-eligible recipients receiving funds under the 19 State program funded under this part to engage in 20 work in accordance with the provisions of section 21 407(c), 407(d), and 407(e). 22 ‘‘(5) PENALTY FOR NONCOMPLIANCE BY INDI- 23 VIDUAL.—In addition to any other penalties required 24 under the State program funded under this part, the 25 VerDate Sep 11 2014 00:42 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S802.IS S802 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 802 IS State shall reduce, by such amount as the State con- 1 siders appropriate, the amount of assistance other- 2 wise payable under the State program to a family 3 that includes an individual who fails without good 4 cause to comply with an individual opportunity plan 5 developed pursuant to this subsection, that is signed 6 by the individual. 7 ‘‘(6) PERIODIC REVIEW.—The State shall meet 8 with each work-eligible individual assessed by the 9 State under paragraph (1), not less frequently than 10 every 90 days, to— 11 ‘‘(A) review the individual opportunity plan 12 developed for the individual, including the eligi- 13 bility of the individual for benefits; 14 ‘‘(B) discuss with the individual the 15 progress made by the individual in achieving 16 the goals specified in the plan; and 17 ‘‘(C) update the plan, as necessary, to re- 18 flect any changes in the circumstances of the 19 individual since the plan was last reviewed.’’. 20 SEC. 7. PROMOTING ACCOUNTABILITY BY MEASURING 21 WORK OUTCOMES. 22 (a) IN GENERAL.—Section 407(a) (42 U.S.C. 23 607(a)) is amended to read as follows: 24 VerDate Sep 11 2014 00:42 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S802.IS S802 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 802 IS ‘‘(a) PERFORMANCE ACCOUNTABILITY AND WORK 1 OUTCOMES.— 2 ‘‘(1) WORK OUTCOMES.— 3 ‘‘(A) IN GENERAL.—A State to which a 4 grant is made under section 403 shall achieve 5 the requisite minimum level of performance for 6 a fiscal year described in this paragraph with 7 respect to the percentage of employment exits 8 for families receiving assistance under the State 9 program funded under this part, or be subject 10 to penalty as described in section 409(a)(3). 11 ‘‘(B) CALCULATION OF PERCENTAGE OF 12 EMPLOYMENT EXITS.—For purposes of this 13 paragraph, the percentage of employment exits 14 with respect to a State equals the ratio of the 15 number of work-eligible individuals who are in 16 unsubsidized employment 6 months after their 17 exit to the average monthly number of families 18 receiving assistance under the State program 19 funded under this part. 20 ‘‘(C) AGREEMENT ON REQUISITE LEVEL 21 OF PERFORMANCE.—The Secretary and the 22 State shall negotiate the requisite level of per- 23 formance for the State with respect to employ- 24 VerDate Sep 11 2014 00:42 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S802.IS S802 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 802 IS ment exits for each fiscal year beginning with 1 fiscal year 2021. 2 ‘‘(2) PERFORMANCE ACCOUNTABILITY.— 3 ‘‘(A) PURPOSE.—The purpose of this para- 4 graph is to provide for the establishment of per- 5 formance accountability measures to assess the 6 effectiveness of States in increasing employ- 7 ment, retention, and advancement among fami- 8 lies receiving assistance under the State pro- 9 gram funded under this part. 10 ‘‘(B) IN GENERAL.—A State to which a 11 grant is made under section 403 for a fiscal 12 year shall achieve the requisite level of perform- 13 ance on an indicator described in subparagraph 14 (D) of this paragraph for the fiscal year. 15 ‘‘(C) MEASURING STATE PERFORMANCE.— 16 Each State, in consultation with the Secretary, 17 shall collect and submit to the Secretary the in- 18 formation necessary to measure the level of per- 19 formance of the State for each indicator de- 20 scribed in subparagraph (D), for fiscal year 21 2021 and each fiscal year thereafter, and the 22 Secretary shall use the information collected for 23 fiscal year 2021 to establish the baseline level 24 VerDate Sep 11 2014 00:42 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S802.IS S802 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 802 IS of performance for each State for each such in- 1 dicator. 2 ‘‘(D) INDICATORS OF PERFORMANCE.— 3 The indicators described in this subparagraph, 4 for a fiscal year, are the following: 5 ‘‘(i) The percentage of individuals who 6 were work-eligible individuals as of the 7 time of exit from the program, who are in 8 unsubsidized employment during the 2nd 9 quarter after the exit. 10 ‘‘(ii) The percentage of individuals 11 who were work-eligible individuals who 12 were in unsubsidized employment in the 13 2nd quarter after the exit, who are also in 14 unsubsidized employment during the 4th 15 quarter after the exit. 16 ‘‘(iii) The median earnings of individ- 17 uals who were work-eligible individuals as 18 of the time of exit from the program, who 19 are in unsubsidized employment during the 20 2nd quarter after the exit. 21 ‘‘(iv) The percentage of individuals 22 who have not attained 24 years of age, are 23 attending high school or enrolled in an 24 equivalency program, and are work-eligible 25 VerDate Sep 11 2014 00:42 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S802.IS S802 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 802 IS individuals or were work-eligible individ- 1 uals as of the time of exit from the pro- 2 gram, who obtain a high school degree or 3 its recognized equivalent while receiving as- 4 sistance under the State program funded 5 under this part or within 1 year after the 6 exit. 7 ‘‘(E) LEVELS OF PERFORMANCE.— 8 ‘‘(i) IN GENERAL.—For each State 9 submitting a State plan pursuant to sec- 10 tion 402(a), there shall be established, in 11 accordance with this subparagraph, levels 12 of performance for each of the indicators 13 described in subparagraph (D). 14 ‘‘(ii) WEIGHT.—The weight assigned 15 to such an indicator shall be the following: 16 ‘‘(I) Forty percent, in the case of 17 the indicator described in subpara- 18 graph (D) [Text truncated for display. Full text available on Congress.gov.]