Help Americans in Need Develop Their Ultimate Potential Act or HAND UP Act - Establishes a framework for the head of a state entity or of a sub-state entity administering two or more qualified federal programs to participate in a demonstration project, approved by the administering Secretary, that supports individuals and families with the goal of moving them towards self-sufficiency, reducing welfare dependence, and increasing work and earnings. Authorizes the administering Secretary to waive program requirements for purposes of the demonstration.
Specifies as qualified federal programs: (1) the TANF program under part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA), (2) the Block Grants to States for Social Services under SSA title XX, (3) activities funded under the Workforce Investment Act of 1998, (4) activities funded under the United States Housing Act of 1937, and (5) the supplemental nutrition assistance program under the Food and Nutrition Act of 2008.
Amends the United States Housing Act of 1937 to require an annual public housing agency plan for a public housing agency to contain certain demonstration project application information.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4206 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4206
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
March 11, 2014
Mr. Reed (for himself, Mr. Reichert, Mr. Young of Indiana, Mr. Kelly of
Pennsylvania, Mr. Griffin of Arkansas, and Mr. Southerland) introduced
the following bill; which was referred to the Committee on Ways and
Means, and in addition to the Committees on Agriculture, Financial
Services, and Education and the Workforce, 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 title I, II, or III of
the Workforce Investment Act of 1998 (29 U.S.C. 2801 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; or
(E) the supplemental nutrition assistance program
as defined in section 3 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2012).
(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; 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;
(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
Investment Act, with respect to any requirement the
waiver of which would violate section 189(i)(4)(A)(i)
of such Act (29 U.S.C. 2939(i)(4)(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
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 State and Local Program Coordination
Flexibility 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.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committees on Agriculture, Financial Services, and Education and the Workforce, 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Agriculture, Financial Services, and Education and the Workforce, 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Agriculture, Financial Services, and Education and the Workforce, 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Agriculture, Financial Services, and Education and the Workforce, 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.
Referred to the Subcommittee on Department Operations, Oversight, and Nutrition.
Referred to the Subcommittee on Higher Education and Workforce Training.
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