[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2416 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 2416
To provide States with the option of applying for and receiving
temporary waivers for the States to experiment with new approaches that
integrate Federal programs in order to provide more coordinated and
holistic solutions to families in need, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 2019
Ms. Ernst (for herself, Mr. Rubio, Mr. Braun, Mr. Perdue, and Mr. Scott
of South Carolina) introduced the following bill; which was read twice
and referred to the Committee on Homeland Security and Governmental
Affairs
_______________________________________________________________________
A BILL
To provide States with the option of applying for and receiving
temporary waivers for the States to experiment with new approaches that
integrate Federal programs in order to provide more coordinated and
holistic solutions to families in need, and for other purposes.
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 ``Economic Mobility, Prosperity, and
Opportunity with Waivers that Enable Reforms for States Act of 2019''
or the ``EMPOWERS Act of 2019''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) each State is in the best position to determine--
(A) the specific needs of the population of the
State; and
(B) how those needs should be addressed; and
(2) the purpose of expanding the use of State waivers in
Federal antipoverty programs--
(A) is not to cut the aggregate amount of Federal
antipoverty spending; but
(B) is to allow States the flexibility to improve
the effectiveness of that spending.
SEC. 3. TEMPORARY WAIVERS FOR FEDERAL ANTIPOVERTY PROGRAMS.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Interagency Board
for Empowering Low-Income Families established by subsection
(b)(1).
(2) Covered program.--The term ``covered program'' means--
(A) in the case of nutrition programs--
(i) the supplemental nutrition assistance
program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);
(ii) the special supplemental nutrition
program for women, infants, and children
established by section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786);
(iii) the commodity supplemental food
program established under section 5 of the
Agriculture and Consumer Protection Act of 1973
(7 U.S.C. 612c note; Public Law 93-86);
(iv) the Senior Farmers' Market Nutrition
Program of the Department of Agriculture;
(v) the emergency food assistance program
established under the Emergency Food Assistance
Act of 1983 (7 U.S.C. 7501 et seq.);
(vi) the congregate nutrition services
program carried out under subpart 1 of part C
of title III of the Older Americans Act of 1965
(42 U.S.C. 3030e);
(vii) the home delivered nutrition services
program carried out under subpart 2 of part C
of title III of the Older Americans Act of 1965
(42 U.S.C. 3030f et seq.); and
(viii) the nutrition services incentives
program carried out under section 311 of the
Older Americans Act of 1965 (42 U.S.C. 3030a);
(B) in the case of housing programs--
(i) the tenant-based rental assistance
program under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f);
(ii) the project-based rental assistance
program under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f);
(iii) assistance to public housing agencies
from the Capital Fund and Operating Fund
established under subsections (d) and (e),
respectively, of section 9 of the United States
Housing Act of 1937 (42 U.S.C. 1437g);
(iv) the single family rural housing loan
program under section 502 of the Housing Act of
1949 (42 U.S.C. 1472);
(v) the rural rental assistance program
under section 521 of the Housing Act of 1949
(42 U.S.C. 1490a);
(vi) the community development block grant
program under title I of the Housing and
Community Development Act of 1974 (42 U.S.C.
5301 et seq.);
(vii) the Home Investment Partnerships
Program under title II of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C.
12721 et seq.); and
(viii) the neighborhood stabilization
program under title III of division B of the
Housing and Economic Recovery Act of 2008 (42
U.S.C. 5301 note);
(C) the temporary assistance for needy families
program established under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.);
(D) the child and family services programs carried
out under subparts 1 and 2 of part B of title IV of the
Social Security Act (42 U.S.C. 621 et seq.);
(E) the program to provide Federal payments for
foster care and adoption assistance under part E of
title IV of the Social Security Act (42 U.S.C. 670 et
seq.), including the John H. Chafee Foster Care
Independence Program established under section 477 of
the Social Security Act (42 U.S.C. 677);
(F) the block grant to States for social services
established under subtitle A of title XX of the Social
Security Act (42 U.S.C. 1397 et seq.);
(G) the community services block grant program
carried out under the Community Services Block Grant
Act (42 U.S.C. 9901 et seq.);
(H) the Weatherization Assistance Program for Low-
Income Persons established under part A of title IV of
the Energy Conservation and Production Act (42 U.S.C.
6861 et seq.);
(I) the Low-Income Home Energy Assistance Program
carried out under the Low-Income Home Energy Assistance
Act of 1981 (42 U.S.C. 8621 et seq.);
(J) programs carried out under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858 et
seq.); and
(K) programs carried out under the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.).
(3) Governor.--The term ``Governor'' means the Governor or
chief executive of a State.
(4) Participating state.--The term ``participating State''
means any of the States that apply for and receive approval to
carry out a project.
(5) Project.--The term ``project'' means a project
described in subsection (c).
(6) State.--The term ``State'' means a State, the District
of Columbia, the Commonwealth of Puerto Rico, a territory, or a
possession that is eligible to participate in the applicable
covered program.
(b) Interagency Board for Empowering Low-Income Families.--
(1) In general.--There is established an interagency board,
to be known as the ``Interagency Board for Empowering Low-
Income Families'', which shall carry out this section.
(2) Membership.--The Board shall be composed of the
following individuals:
(A) A Chairperson, who shall be appointed by the
President, by and with the advice and consent of the
Senate.
(B) The following agency heads (or a designee of
any of the agency heads):
(i) The Secretary of Agriculture.
(ii) The Secretary of Health and Human
Services.
(iii) The Secretary of Housing and Urban
Development.
(iv) The Secretary of Labor.
(v) The Attorney General.
(vi) The Director of the Office of
Management and Budget.
(c) Temporary Waivers for Covered Programs.--
(1) In general.--A Governor may apply to the Board for the
State to carry out a project for a 4-year waiver to
consolidate, replace, or alter eligibility requirements for two
or more covered 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 the prohibition of
discrimination;
(ii) the purposes or goals of any covered
program;
(iii) maintenance of effort requirements;
(iv) health or safety;
(v) labor standards under the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.);
or
(vi) environmental protection;
(B) in the case of a covered program described in
clauses (i) through (iii) of subsection (a)(2)(B), with
respect to any requirement under section 5A of the
United States Housing Act of 1937 (42 U.S.C. 1437c-1);
(C) in the case of the supplemental nutrition
assistance program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), with
respect to any requirement under--
(i) section 6 (if waiving a requirement
under that section would have the effect of
expanding eligibility for the program), 7(b),
or 16(c) of that Act (7 U.S.C. 2015, 2016(b),
2025(c)); or
(ii) title IV of the Personal
Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1601 et
seq.);
(D) with respect to--
(i) any requirement that a State pass
through to a sub-State entity part or all of an
amount paid to the State;
(ii) the work requirements under section
407 of the Social Security Act (42 U.S.C. 607);
(iii) section 241(a) of the Adult Education
and Family Literacy Act (29 U.S.C. 3331(a)); or
(iv) section 189(i)(3)(A)(i) of the
Workforce Innovation and Opportunity Act (29
U.S.C. 3249(i)(3)(A)(i));
(E) if the waiver would--
(i) waive any funding restriction or
limitation provided in an appropriations Act;
or
(ii) have the effect of transferring
appropriated funds from one appropriations
account to another appropriations account; or
(F) except as otherwise provided by statute, if the
waiver would--
(i) waive any funding restriction
applicable to a program authorized under an Act
that is not an appropriations Act (but not
including program requirements, such as
application procedures, performance standards,
reporting requirements, or eligibility
standards); or
(ii) have the effect of transferring funds
from a program for which there is direct
spending (as defined in section 250(c) of the
Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 900(c))) to another
program.
(d) Application Requirements.--To obtain a waiver for two or more
covered programs under a project, a Governor shall submit to the Board
an application that describes--
(1) the programs and requirements of the covered programs
under the project;
(2) the goals of the project;
(3) each change the State intends to make under the
project, including the manner in which the change will--
(A) promote, with respect to program participants--
(i) employment;
(ii) savings and financial literacy; and
(iii) family stability;
(B) reduce the dependence of program participants
on government assistance; and
(C) reduce poverty;
(4) the manner in which--
(A) program participants will be served under the
project, including eligibility criteria;
(B) program benefits will be reduced under the
project as the income of program participants is
modified;
(C) funds will be used under the project, including
an assurance that all program funds will be used to
assist program participants, subject to subsection
(h)(2);
(D) the State will evaluate the project by
contracting with an independent, third-party evaluator,
including a description of--
(i) the methodology that will be used to
evaluate the project;
(ii) the impacts and outcomes that will be
measured, and how those impacts and outcomes
relate to the goals of the project described
under paragraph (2); and
(iii) the data that the State will collect
and provide to the evaluator that describes
program participants and control group members,
including--
(I) demographic characteristics;
(II) financial well-being;
(III) history of receipt of
government benefits; and
(IV) if a program seeks to increase
the employment or employability of
participants, any barriers to
employment or work expenses;
(E) the project will be deficit neutral; and
(F) the State will use any potential cost savings
on assistance to meet the needs of program
participants, subject to subsection (h)(2); and
(5) in the case of a waiver for a covered program described
in subsection (a)(2)(B), an assurance that public housing
agencies received an opportunity to provide input in the
preparation of the application.
(e) Evaluating and Approving Applications.--
(1) In general.--A waiver to carry out a project for a
covered program under this section shall be authorized only if
the Board approves the application for the project submitted
under subsection (d).
(2) Public comment.--The Board shall receive comments from
the public, including stakeholders in the State, for a 30-day
period beginning on the date of receipt of an application
submitted by a Governor.
(3) Decision deadline.--The Board shall make a decision on
an application submitted by a Governor not later than 90 days
after the date of receipt of the application.
(4) Disapproval.--If the Board disapproves the application
of a Governor--
(A) the Board shall provide the Governor with a
detailed explanation of the decision;
(B) the Governor may submit a modified application
to the Board for approval; and
(C) if a modified application is submitted, the
Board shall make a decision not later than 30 days
after the date of receipt of the modified application.
(5) Evaluating applications.--In evaluating an application
to carry out a project, the Board shall--
(A) evaluate the application on the basis of the
whether the project--
(i) promotes, with respect to program
participants--
(I) employment;
(II) savings and financial
literacy; and
(III) family stability;
(ii) reduces the dependence of program
participants on government assistance; and
(iii) reduces poverty;
(B) ensure that the project does not have phase-out
rates that result in a net loss in the income of a
program participant when the program participant
increases wages or hours worked;
(C) define the value of $1.00 in benefits as equal
to $1.00 in earnings; and
(D) consider the extent to which the methodology of
the project evaluation and data collection under
subsection (d)(4)(D) will--
(i) produce rigorous results, using
experimental designs that use--
(I) random assignment; or
(II) if random assignment is not
feasible, another reliable, evidence-
based research methodology that allows
for the strongest practicable causal
inference; and
(ii) provide sufficient contextual
information on the characteristics of the
population served by the project, including
demographic and geographic information, to
assess the applicability of the project in
other settings.
(6) Notification.--Not later than 30 days after the date of
approval of an application to carry out a project, the Board
shall notify the congressional committees of jurisdiction of
the approval.
(f) Coordination of Data and Information.--Each head of an agency
that administers a covered program shall cooperate with each
participating State that obtains a waiver of eligibility requirements
for the covered program to coordinate access to data and other
information relating to the covered program.
(g) Modifying or Terminating Projects.--
(1) In general.--A participating State may submit a request
to the Board to modify or terminate a project if the
participating State determines that--
(A) the project is not meeting the goals of the
project; or
(B) the economic situation in the participating
State makes the project no longer viable to meet the
needs of program participants.
(2) Approval.--The Board may modify or terminate a project
if the Board determines that--
(A) the project is not meeting the goals of the
project; or
(B) the economic situation in the participating
State makes the project no longer viable to meet the
needs of program participants.
(h) Funding.--
(1) In general.--Subject to paragraph (2), the Board shall
ensure that--
(A) the level of funding for each participating
State and the program participants of the participating
States receive for each program year for the covered
programs that are subject to a project; equals
(B) the level of funding the participating State
and program participants of the participating State
would receive for the program year for the covered
programs but for obtaining a waiver to carry out the
project.
(2) Cap on federal funding.--
(A) In general.--With respect to any year in which
a participating State obtains a waiver of eligibility
requirements for a covered program described in
subparagraph (B), the total amount that the head of the
agency that administers the covered program shall pay
to the participating State under the covered program
shall not exceed an amount that is equal to the amount
that the head of the agency paid to the participating
State under the covered program for the previous year,
as adjusted to reflect changes in the Consumer Price
Index published by the Bureau of Labor Statistics of
the Department of Labor.
(B) Covered program described.--A covered program
referred to in subparagraph (A) is a covered program
under which the amount that the Federal Government
provides to a State is dependent on the amount that the
State provides to the covered program.
(3) Administrative expenses.--A participating State may use
amounts received through a covered program for administrative
expenses of carrying out the project in accordance with any
requirements of the covered program for the use of amounts for
administrative expenses.
(i) Existing Contracts.--In the case of a covered program described
in subsection (a)(2)(B), a participating State shall fund any contract
in effect on the day before the date of commencement of the project for
the term of the contract.
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