Jobs and Opportunity with Benefits and Services for Success Act
This bill renames the Temporary Assistance for Needy Families (TANF) program as the Jobs and Opportunity with Benefits and Services (JOBS) program, reauthorizes the program through FY2024, and makes changes relating to work requirements for beneficiaries.
States providing aid under the program shall create an individual opportunity plan for each beneficiary. States shall impose work requirements on all work-eligible beneficiaries, and shall reduce benefits for noncompliance. (Currently, individual plans are optional under TANF, and states have discretion as to whether to reduce benefits for noncompliant individuals.)
States providing aid shall meet annual performance targets related to the number of beneficiaries who exit the program and find unsubsidized employment. The Department of Health and Human Services (HHS) shall reduce grants to states that fail to meet such targets. States shall provide data related to beneficiary employment and wages to HHS, which shall be publicly available.
The bill modifies various limitations on the use of funds for various purposes, and establishes that at least 25% of funds from various grants shall be spent on core activities.
Certain existing laws relating to monitoring and recovering improper benefits payments shall apply to the JOBS program.
The bill eliminates programs providing (1) supplemental grants for population increases, (2) bonuses for high performance states, (3) welfare-to-work grants, and (4) contingency funds for state welfare programs.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 802 Introduced in Senate (IS)]
<DOC>
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jobs and Opportunity with Benefits
and Services for Success Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
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.
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 spending.
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.
Except as otherwise expressly provided, wherever in this Act an
amendment or repeal 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 a section or other provision of the Social Security Act.
SEC. 4. RE-NAMING OF PROGRAM.
(a) In General.--The heading for part A of title IV is amended to
read as follows:
``PART A--JOBS AND OPPORTUNITY WITH BENEFITS AND SERVICES PROGRAM''.
(b) Conforming Amendments.--
(1) The heading for section 403(a)(2)(B) (42 U.S.C.
603(a)(2)(B)) is amended by striking ``tanf'' and inserting
``jobs''.
(2) The heading for section 413 (42 U.S.C. 613) is amended
by striking ``temporary assistance for needy families'' and
inserting ``jobs and opportunity with benefits and services''.
(3) The heading for section 413(a) (42 U.S.C. 613(a)) is
amended by striking ``TANF'' and inserting ``JOBS''.
(4) The heading for section 471(e)(7)(B)(i) (42 U.S.C.
671(e)(7)(B)(i)), as in effect pursuant to the amendment made
by section 50711(a)(2) of division E of the Bipartisan Budget
Act of 2018 (Public Law 115-123), is amended by striking
``TANF'' and inserting ``JOBS''.
SEC. 5. HELPING MORE AMERICANS ENTER AND REMAIN IN THE WORKFORCE.
(a) Family Assistance Grants.--Section 403(a)(1) (42 U.S.C.
603(a)(1)) is amended in each of subparagraphs (A) and (C) by striking
``2017 and 2018'' and inserting ``2019 through 2024''.
(b) Healthy Marriage Promotion and Responsible Fatherhood Grants.--
Section 403(a)(2)(D) (42 U.S.C. 603(a)(2)(D)) is amended--
(1) by striking ``2017 and 2018'' and inserting ``2019
through 2024''; and
(2) by striking ``for fiscal year 2017 or 2018''.
(c) Tribal Grants.--Section 412(a) (42 U.S.C. 612(a)) is amended in
each of paragraphs (1)(A) and (2)(A) by striking ``2017 and 2018'' and
inserting ``2019 through 2024''.
(d) Improving Access to Child Care To Support Work.--Section
418(a)(3) (42 U.S.C. 618(a)(3)) is amended to read as follows:
``(3) Appropriation.--For grants under this section, there
are appropriated--
``(A) $2,917,000,000 for fiscal year 2019; and
``(B) $3,525,000,000 for each of fiscal years 2020
through 2024.''.
(e) Grants to the Territories.--Section 1108(b)(2) (42 U.S.C.
1308(b)(2)) is amended by striking ``2017 and 2018'' and inserting
``2019 through 2024''.
(f) Prorating of Appropriations for Fiscal Year 2019.--
Notwithstanding the amendments made by the subsections (a) through (c)
and (e) of this section, the amount appropriated in each provision of
law amended by such subsections for fiscal year 2019 shall be--
(1) the amount that would be so appropriated in the absence
of this subsection; multiplied by
(2) the number of days in the period from the date of the
enactment of this Act through September 30, 2019, divided by
365.
(g) Effective Date.--This section and the amendments made by this
section shall take effect on the date of the enactment of this Act.
SEC. 6. EXPECTING UNIVERSAL ENGAGEMENT AND CASE MANAGEMENT.
Section 408(b) (42 U.S.C. 608(b)) is amended to read as follows:
``(b) Individual Opportunity Plans.--
``(1) Assessment.--The State agency responsible for
administering the State program funded under this part shall
make an initial assessment of the following for each work-
eligible individual (as defined in the regulations promulgated
pursuant to section 407(i)(1)(A)(i)):
``(A) The education obtained, skills, prior work
experience, work readiness, and barriers to work of the
individual.
``(B) The well-being of the children in the family
of the individual and, where appropriate, activities or
services (such as services offered by a program funded
under section 511) to improve the well-being of the
children.
``(2) Contents of plans.--On the basis of the assessment
required by paragraph (1) of this subsection, the State agency,
in consultation with the individual, shall develop an
individual opportunity plan that--
``(A) includes a personal responsibility agreement
in which the individual acknowledges receipt of
publicly funded benefits and responsibility to comply
with program requirements in order to receive the
benefits;
``(B) sets forth the obligations of the individual
to participate in work activities (as defined in
section 407(d)), and the number of hours per month for
which the individual will so participate pursuant to
section 407;
``(C) sets forth an employment goal and planned
short-, intermediate-, and long-term actions to achieve
the goal, and, in the case of an individual who has not
attained 24 years of age and is in secondary school or
the equivalent, the intermediate action may be
completion of secondary school or the equivalent;
``(D) describes the job counseling and other
services the State will provide to the individual to
enable the individual to obtain and keep unsubsidized
employment;
``(E) may include referral to appropriate substance
abuse or mental health treatment; and
``(F) is signed by the individual.
``(3) Timing.--The State agency shall comply with
paragraphs (1) and (2) with respect to a work-eligible
individual--
``(A) within 1 year after the effective date of
this subsection, in the case of an individual who, as
of such effective date, is a recipient of assistance
under the State program funded under this part (as in
effect immediately before such effective date); or
``(B) within 60 days after the individual is
determined to be eligible for the assistance, in the
case of any other individual.
``(4) Universal engagement.--Subject to the exceptions in
paragraph (3), each State shall require all work-eligible
recipients receiving funds under the State program funded under
this part to engage in work in accordance with the provisions
of section 407(c), 407(d), and 407(e).
``(5) Penalty for noncompliance by individual.--In addition
to any other penalties required under the State program funded
under this part, the State shall reduce, by such amount as the
State considers appropriate, the amount of assistance otherwise
payable under the State program to a family that includes an
individual who fails without good cause to comply with an
individual opportunity plan developed pursuant to this
subsection, that is signed by the individual.
``(6) Periodic review.--The State shall meet with each
work-eligible individual assessed by the State under paragraph
(1), not less frequently than every 90 days, to--
``(A) review the individual opportunity plan
developed for the individual, including the eligibility
of the individual for benefits;
``(B) discuss with the individual the progress made
by the individual in achieving the goals specified in
the plan; and
``(C) update the plan, as necessary, to reflect any
changes in the circumstances of the individual since
the plan was last reviewed.''.
SEC. 7. PROMOTING ACCOUNTABILITY BY MEASURING WORK OUTCOMES.
(a) In General.--Section 407(a) (42 U.S.C. 607(a)) is amended to
read as follows:
``(a) Performance Accountability and Work Outcomes.--
``(1) Work outcomes.--
``(A) In general.--A State to which a grant is made
under section 403 shall achieve the requisite minimum
level of performance for a fiscal year described in
this paragraph with respect to the percentage of
employment exits for families receiving assistance
under the State program funded under this part, or be
subject to penalty as described in section 409(a)(3).
``(B) Calculation of percentage of employment
exits.--For purposes of this paragraph, the percentage
of employment exits with respect to a State equals the
ratio of the number of work-eligible individuals who
are in unsubsidized employment 6 months after their
exit to the average monthly number of families
receiving assistance under the State program funded
under this part.
``(C) Agreement on requisite level of
performance.--The Secretary and the State shall
negotiate the requisite level of performance for the
State with respect to employment exits for each fiscal
year beginning with fiscal year 2021.
``(2) Performance accountability.--
``(A) Purpose.--The purpose of this paragraph is to
provide for the establishment of performance
accountability measures to assess the effectiveness of
States in increasing employment, retention, and
advancement among families receiving assistance under
the State program funded under this part.
``(B) In general.--A State to which a grant is made
under section 403 for a fiscal year shall achieve the
requisite level of performance on an indicator
described in subparagraph (D) of this paragraph for the
fiscal year.
``(C) Measuring state performance.--Each State, in
consultation with the Secretary, shall collect and
submit to the Secretary the information necessary to
measure the level of performance of the State for each
indicator described in subparagraph (D), for fiscal
year 2021 and each fiscal year thereafter, and the
Secretary shall use the information collected for
fiscal year 2021 to establish the baseline level of
performance for each State for each such indicator.
``(D) Indicators of performance.--The indicators
described in this subparagraph, for a fiscal year, are
the following:
``(i) The percentage of individuals who
were work-eligible individuals as of the time
of exit from the program, who are in
unsubsidized employment during the 2nd quarter
after the exit.
``(ii) The percentage of individuals who
were work-eligible individuals who were in
unsubsidized employment in the 2nd quarter
after the exit, who are also in unsubsidized
employment during the 4th quarter after the
exit.
``(iii) The median earnings of individuals
who were work-eligible individuals as of the
time of exit from the program, who are in
unsubsidized employment during the 2nd quarter
after the exit.
``(iv) The percentage of individuals who
have not attained 24 years of age, are
attending high school or enrolled in an
equivalency program, and are work-eligible
individuals or were work-eligible individuals
as of the time of exit from the program, who
obtain a high school degree or its recognized
equivalent while receiving assistance under the
State program funded under this part or within
1 year after the exit.
``(E) Levels of performance.--
``(i) In general.--For each State
submitting a State plan pursuant to section
402(a), there shall be established, in
accordance with this subparagraph, levels of
performance for each of the indicators
described in subparagraph (D).
``(ii) Weight.--The weight assigned to such
an indicator shall be the following:
``(I) Forty percent, in the case of
the indicator described in subparagraph
(D)(i).
``(II) Twenty-five percent, in the
case of the indicator described in
subparagraph (D)(ii).
``(III) Twenty-five percent, in the
case of the indicator described in
subparagraph (D)(iii).
``(IV) Ten percent, in the case of
the indicator described in subparagraph
(D)(iv).
``(iii) Agreement on requisite performance
level for each indicator.--
``(I) In general.--The Secretary
and the State shall negotiate the
requisite level of performance for the
State with respect to each indicator
described in clause (ii), for each
fiscal year beginning with fiscal year
2021, and shall do so before the
beginning of the fiscal year involved.
``(II) Requirements in establishing
performance levels.--In establishing
the requisite levels of performance,
the State and the Secretary shall--
``(aa) take into account
how the levels involved compare
with the levels established for
other States; and
``(bb) ensure the levels
involved are adjusted, using
the objective statistical model
referred to in clause (v),
based on--
``(AA) the
differences among
States in economic
conditions, including
differences in
unemployment rates or
employment losses or
gains in particular
industries;
``(BB) the
characteristics of
participants on entry
into the program,
including indicators of
prior work history,
lack of educational or
occupational skills
attainment, or other
factors that may affect
employment and
earnings; and
``(CC) take into
account the extent to
which the levels
involved promote
continuous improvement
in performance by each
State.
``(iv) Revisions based on economic
conditions and individuals receiving assistance
during the fiscal year.--The Secretary shall,
in accordance with the objective statistical
model referred to in clause (v), revise the
requisite levels of performance for a State and
a fiscal year to reflect the economic
conditions and characteristics of the relevant
individuals in the State during the fiscal
year.
``(v) Statistical adjustment model.--The
Secretary shall use an objective statistical
model to make adjustments to the requisite
levels of performance for the economic
conditions and characteristics of the relevant
individuals, and shall consult with the
Secretary of Labor to develop a model that is
the same as or similar to the model described
in section 116(b)(3)(A)(viii) of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3141(b)(3)(A)(viii)).
``(vi) Definition of exit.--In this
paragraph, the term `exit' means, with respect
to a State program funded under this part,
ceases to a receive a JOBS benefit under the
program.
``(F) State option to establish common exit
measures.--Notwithstanding subparagraph (E)(vi) of this
paragraph, a State that has not provided the
notification under section 121(b)(1)(C)(ii) of the
Workforce Innovation and Opportunity Act to exclude the
State program funded under this part as a mandatory
one-stop partner may adopt an alternative definition of
`exit' for the purpose of creating common exit measures
to improve alignment with workforce programs operated
under title I of such Act.
``(G) Regulations.--In order to ensure nationwide
comparability of data, the Secretary, after
consultation with the Secretary of Labor and with
States, shall issue regulations governing the
establishment of the performance accountability system
under this paragraph and a template for performance
reports to be used by all States consistent with
subsection (b).''.
(b) Reports on State Performance on HHS Online Dashboard.--Section
407(b) (42 U.S.C. 607(b)) is amended to read as follows:
``(b) Publication of State Performance.--The Secretary shall,
directly or through the use of grants or contracts, establish and
operate an Internet website that is accessible to the public, with a
dashboard that is regularly updated and provides easy-to-understand
information on the performance of each State program funded under this
part, including a profile for each such program, expressed by use of a
template, which shall include--
``(1) information on the indicators and requisite
performance levels established for the State under subsection
(a), including, with respect to each such level, whether the
State achieves, exceeds, or fails to achieve the level on an
ongoing basis, including--
``(A) information on any adjustments made to the
requisite levels using the statistical adjustment model
described in subsection (a)(3)(D)(v); and
``(B) a grade based on the overall performance of
the State, as determined by the Secretary and in
consultation with the State, and the overall
performance shall be graded based on the performance
indicators and weights for each such indicator as
described in subsection (a);
``(2) information reported under section 411 on the
characteristics and demographics of individuals receiving
assistance under the State program, including--
``(A) the number and percentage of child-only cases
and reason why the cases are child-only; and
``(B) the average weekly number of hours that each
work-eligible individual in the State program
participates in work activities, including a separate
section showing the number and percentage of the work-
eligible individuals with zero hours of the
participation and the reason for non-participation;
``(3) information on the results of improper payments
reviews;
``(4) a link to the State plan approved under section 402;
and
``(5) information regarding any penalty imposed, or other
corrective action taken, by the Secretary against a State for
failing to achieve a requisite performance level or any other
requirement imposed by or under this part.''.
(c) Modification of Rules for Determining Whether an Individual Is
Engaged in Work.--Section 407(c) (42 U.S.C. 607(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``For purposes of
subsection (b)(1)(B)(i), a'' and inserting
``A''; and
(ii) by striking ``, not fewer than'' and
all that follows through ``this subsection'';
and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
striking ``For purposes of subsection
(b)(2)(B), an'' and inserting ``An'';
(ii) in clause (i), by striking ``, not
fewer than'' and all that follows through
``this subsection''; and
(iii) in clause (ii), by striking ``, not
fewer than'' and all that follows through
``subsection (d)''; and
(2) in paragraph (2)--
(A) by striking subparagraphs (A) and (D);
(B) in each of subparagraphs (B) and (C), by
striking ``For purposes of determining monthly
participation rates under subsection (b)(1)(B)(i), a''
and inserting ``A'';
(C) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively; and
(D) by adding at the end the following:
``(C) State option for participation requirement
exemptions.--For any fiscal year, a State may, at its
option, not require an individual who is a single
custodial parent caring for a child who has not
attained 12 months of age to engage in work, for not
more than 12 months.''.
(d) Modifications to Allowable Work Activities.--Section 407(d) (42
U.S.C. 607(d)) is amended--
(1) in paragraph (5), by inserting ``, including
apprenticeship'' before the semicolon;
(2) in paragraph (6), by inserting ``supervised'' before
``job search'';
(3) in paragraph (8), by striking ``(not to exceed 12
months with respect to any individual)'' and inserting ``,
including career technical education'';
(4) in paragraph (11), by striking ``and'' at the end;
(5) in paragraph (12), by striking the period and inserting
``; and''; and
(6) by adding at the end the following:
``(13) participation in an in-home program teaching
parenting skills that complies with the requirements of section
407(c).''.
(e) Penalty Against States.--
(1) In general.--Section 409(a)(3) (42 U.S.C. 609(a)(3)) is
amended by striking all that precedes subparagraph (B) and
inserting the following:
``(3) Failure to satisfy work outcomes and work
engagement.--
``(A) In general.--If the Secretary determines that
a State to which a grant is made under section 403 for
a fiscal year has failed to comply with any of section
407(a)(1), section 408(b)(3), or section 408(b)(4) for
the fiscal year, the Secretary shall reduce the grant
payable to the State under section 403(a)(1) for the
immediately succeeding fiscal year by an amount equal
to the applicable percentage of the State family
assistance grant.''.
(2) Transition rule.--The Secretary of Health and Human
Services may not impose a penalty under section 409(a)(3) of
the Social Security Act by reason of the failure of a State to
comply with section 407(a) of such Act for any fiscal year
before fiscal year 2021.
(f) Pro Rata Reduction of Assistance for Individual
Noncompliance.--Section 407(e) (42 U.S.C. 607(e)) is amended by adding
at the end the following:
``(3) Pro rata reduction.--For purposes of paragraph
(1)(A), the amount of a pro rata reduction in assistance shall
be determined by multiplying the total amount of monthly
assistance that would, in the absence of the application of
this paragraph, be paid to the entire family, by the ratio of--
``(A) the number of hours of required work
activities as designated in subsection (d) actually
performed by the individual during the month; to
``(B) the number of hours of work activities that
the individual was required to perform during the month
in accordance with subsection (c).
``(4) Penalties and engagement.--
``(A) In general.--Subject to the limitation in
(B), if in a given month an individual who received
assistance under this part was required to engage in
work under section 408(b)(4), failed to fulfill those
obligations and was subsequently sanctioned in
accordance with section 407(e)(2) and (3), that
individual shall judged to be engaged in work for that
month for purposes of section 408(b)(4).
``(B) Limitation.--If an individual receives no
benefits for two consecutive months due to sanctioning
under section 407(e)(2) and (3), that individual shall
not be counted as engaged in work in subsequent months
for purposes of section 408(b)(4) unless actual work in
accordance with section 407(d) was resumed.''.
(g) Conforming Amendment.--The heading of section 412(c) (42 U.S.C.
612(c)) is amended by striking ``Minimum Work Participation
Requirements'' and inserting ``Requirements for Work Outcome
Measures''.
SEC. 8. TARGETING FUNDS TO TRULY NEEDY FAMILIES.
(a) Prohibition on Use of Funds for Families With Income Greater
Than Twice the Poverty Line.--Section 404(k) (42 U.S.C. 604(k)) is
amended to read as follows:
``(k) Prohibitions.--
``(1) Use of funds for persons with income greater than
twice the poverty line.--A State to which a grant is made under
this part shall not use the grant to provide any assistance or
services to a family whose monthly income exceeds twice the
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section 673(2)
of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C.
9902(2))).''.
(b) Elimination of Limitation on Use of Funds for Case Management
Activities.--Section 404(b)(2) (42 U.S.C. 604(b)(2)) is amended to read
as follows:
``(2) Exceptions.--Paragraph (1) of this subsection shall
not apply to the use of a grant for--
``(A) information technology and computerization
needed for tracking, monitoring, or data collection
required by or under this part; or
``(B) case management activities to carry out
section 408(b).''.
(c) Prohibition on Use of Funds for Direct Spending on Child Care
Services or Activities.--Section 404(k) (42 U.S.C. 604(k)), as amended
by subsection (a) of this section, is amended by adding at the end the
following:
``(2) Direct spending on child care services or
activities.--A State to which a grant is made under this part
shall not use the grant for direct spending on child care and
other early childhood education programs, services, or
activities.''.
(d) Limitation on Use of Funds for Child Welfare Services or
Activities.--Section 404(k) (42 U.S.C. 604(k)), as amended by
subsections (a) and (c) of this section, is amended--
(1) in the subsection heading, by inserting ``;
Limitation'' after ``Prohibitions''; and
(2) by adding at the end the following:
``(3) Limitation on use of funds for child welfare services
or activities.--A State may use not more than 10 percent of a
grant made to the State under section 403(a)(1) for child
welfare services or activities, taking into account any amount
transferred under subsection (d)(2) of this section.''.
(e) Expansion of Authority To Transfer Funds.--Section 404(d) (42
U.S.C. 604(d)) is amended by striking paragraphs (1) through (3) and
inserting the following:
``(1) In general.--A State may transfer not more than 50
percent of the grant made to the State under section 403(a)(1)
to a State program pursuant to any or all of the following
provisions of law:
``(A) The Child Care and Development Block Grant
Act of 1990.
``(B) Title I of the Workforce Innovation and
Opportunity Act.
``(C) Subpart 1 of part B of this title.
``(2) Limitation on amount transferable to subpart 1 of
part b.--A State may transfer not more than 10 percent of a
grant made to the State under section 403(a)(1) to carry out
State programs operated pursuant to the State plan developed
under subpart 1 of part B, taking into account any amount used
as described in subsection (k)(3) of this section.
``(3) Applicable rules.--
``(A) In general.--Except as provided in
subparagraph (B) of this paragraph, any amount paid to
a State under this part that is used to carry out a
State program pursuant to a provision of law specified
in paragraph (1) shall not be subject to the
requirements of this part, but shall be subject to the
requirements that apply to Federal funds provided
directly under the provision of law to carry out the
program, and the expenditure of any amount so used
shall not be considered to be an expenditure under this
part.
``(B) Funds transferred to the wioa.--In the case
of funds transferred under paragraph (1)(B) of this
subsection--
``(i) the State shall provide an assurance
that the funds will be used to support
individuals eligible for assistance or services
under this part pursuant to subsection (k)(1);
and
``(ii) not more than 15 percent of the
funds will be reserved for statewide workforce
investment activities referred to in section
128(a)(1) of the Workforce Innovation and
Opportunity Act.
``(4) WIOA transfer authority not available to states
excluding the state jobs program as a mandatory one-stop
partner under the wioa.--The authority provided by paragraph
(1)(B) of this subsection may not be exercised by a State that
has provided the notification referred to in section
407(a)(2)(F).''.
SEC. 9. TARGETING FUNDS TO CORE PURPOSES.
(a) Requirement That States Reserve 25 Percent of JOBS Grant for
Spending on Core Activities.--Section 408(a) (42 U.S.C. 608(a)) is
amended by adding at the end the following:
``(13) Requirement that states reserve 25 percent of jobs
grant for spending on core activities.--A State to which a
grant is made under section 403(a)(1) for a fiscal year shall
expend not less than 25 percent of the grant on assistance,
case management, work supports and supportive services, work,
wage subsidies, work activities (as defined in section 407(d)),
and non-recurring short-term benefits.''.
(b) Requirement That at Least 25 Percent of Qualified State
Expenditures Be for Core Activities.--Section 408(a) (42 U.S.C.
608(a)), as amended by subsection (a) of this section, is amended by
adding at the end the following:
``(14) Requirement that at least 25 percent of qualified
state expenditures be for core activities.--Not less than 25
percent of the qualified State expenditures (as defined in
section 409(a)(7)(B)(ii)) of a State during the fiscal year
shall be for assistance, case management, work supports and
supportive services, work, wage subsidies, work activities (as
defined in section 407(d)), and non-recurring short-term
benefits.''.
(c) Phase-Out of Counting of Third-Party Contributions as Qualified
State Expenditures.--Section 408(a) (42 U.S.C. 608(a)), as amended by
subsections (a) and (b) of this section, is amended by adding at the
end the following:
``(15) Phase-out of counting of third-party contributions
as qualified state expenditures.--
``(A) In general.--The qualified State expenditures
(as defined in section 409(a)(7)(B)(i)) of a State for
a fiscal year that are attributable to the value of
goods and services provided by a source other than a
State or local government shall not exceed the
applicable percentage of the expenditures for the
fiscal year.
``(B) Applicable percentage.--In subparagraph (A),
the term `applicable percentage' means, with respect to
a fiscal year--
``(i) 75 percent, in the case of fiscal
year 2020;
``(ii) 50 percent, in the case of fiscal
year 2021;
``(iii) 25 percent, in the case of fiscal
year 2022; and
``(iv) 0 percent, in the case of fiscal
year 2023 or any succeeding fiscal year.''.
SEC. 10. STRENGTHENING PROGRAM INTEGRITY BY MEASURING IMPROPER
PAYMENTS.
Section 404 (42 U.S.C. 604) is amended by adding at the end the
following:
``(l) Applicability of Improper Payments Laws.--
``(1) In general.--The Improper Payments Information Act of
2002 and the Improper Payments Elimination and Recovery Act of
2010 shall apply to a State in respect of the State program
funded under this part in the same manner in which such Acts
apply to a Federal agency.
``(2) Regulations.--Within 2 years after the date of the
enactment of this subsection, the Secretary shall prescribe
regulations governing how a State reviews and reports improper
payments under the State program funded under this part.''.
SEC. 11. PROHIBITION ON STATE DIVERSION OF FEDERAL FUNDS TO REPLACE
STATE SPENDING.
(a) In General.--Section 408(a) (42 U.S.C. 608(a)), as amended by
section 9 of this Act, is amended by adding at the end the following:
``(16) Non-supplantation requirement.--Funds made available
to a State under this part shall be used to supplement, not
supplant, State general revenue spending on activities
described in section 404.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2020.
SEC. 12. INCLUSION OF POVERTY REDUCTION AS A PROGRAM PURPOSE.
Section 401(a) (42 U.S.C. 601(a)) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) reduce child poverty by increasing employment entry,
retention, and advancement of needy parents.''.
SEC. 13. WELFARE FOR NEEDS NOT WEED.
(a) Prohibition.--Section 408(a)(12)(A) (42 U.S.C. 608(a)(12)(A))
is amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; or''; and
(3) by adding at the end the following:
``(iv) any establishment that offers
marihuana (as defined in section 102(16) of the
Controlled Substances Act) for sale.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is 3 years after the date of the enactment
of this Act.
SEC. 14. STRENGTHENING ACCOUNTABILITY THROUGH HHS APPROVAL OF STATE
PLANS.
(a) In General.--Section 402 (42 U.S.C. 602) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``27-month'' and inserting
``24-month''; and
(ii) by striking ``found'' and inserting
``approved that''; and
(B) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking clauses (ii) and
(iii) and inserting the following:
``(ii) Require work-eligible individuals
(as defined in the regulations promulgated
pursuant to section 407(i)(1)(A)(i)) to engage
in work activities consistent with section
407(c). The document shall describe any in-home
parenting program participation in which will
be considered by the State as a work activity
pursuant to section 407(d)(13).'';
(II) by redesignating clauses (iv)
through (viii) as clauses (iii) through
(vii), respectively; and
(III) by adding at the end the
following:
``(viii) Describe the case management
practices of the State with respect to the
requirements of section 408(b), provide a copy
of the form or forms that will be used to
assess a work-eligible individual (as so
defined) and prepare an individual opportunity
plan for the individual, describe how the State
will ensure that such a plan is reviewed in
accordance with section 408(b)(6), and describe
how the State will measure progress under the
plan.
``(ix) Propose the requisite levels of
performance for the State for purposes of
section 407(a) for each year in the 2-year
period referred to in subsection (d) of this
section, and provide an explanation with
supporting data of why each such level is
appropriate.
``(x) Describe how the State will engage
low-income noncustodial parents who owe child
support and how such a parent will be provided
with access to work support and other services
under the program to which the parent is
referred to support their employment and
advancement.
``(xi) Describe how the State will comply
with improper payments provisions in section
404(l).
``(xii) Describe coordination with other
programs, including whether the State intends
to exercise authority provided by section
404(d) of this Act to transfer any funds paid
to the State under this part, provide assurance
that, in the case of a transfer to carry out a
program under title I of the Workforce
Innovation and Opportunity Act, the State will
comply with section 404(d)(3)(B) of this Act
and coordinate with the one-stop delivery
system under the Workforce Innovation and
Opportunity Act, and describe how the State
will coordinate with the programs involved to
provide services to families receiving
assistance under the program referred to in
paragraph (1) of this subsection.
``(xiii) Describe how the State will
promote marriage, such as through temporary
disregard of the income of a new spouse when an
individual receiving assistance under the State
program marries so that the couple doesn't
automatically lose benefits due to marriage.
``(xiv) Describe how the State will allow
for a transitional period of benefits, such as
through temporary earned income disregards or a
gradual reduction in the monthly benefit
amount, for an individual receiving assistance
who obtains employment and becomes ineligible
due to an increase in income obtained through
employment or through an increase in wages.'';
and
(ii) in subparagraph (B), by striking
clauses (iv) and (v);
(2) by striking subsection (c) and inserting the following:
``(c) Public Availability of State Plans.--The Secretary shall make
available to the public a link to any plan or plan amendment submitted
by a State under this subsection.''; and
(3) by adding at the end the following:
``(d) 2-Year Plan.--A plan submitted pursuant to this section shall
be designed to be implemented during a 2-year period.
``(e) Combined Plan Allowed.--A State may submit to the Secretary
and the Secretary of Labor a combined State plan that meets the
requirements of subsections (a) and (d) and that is for programs and
activities under the Workforce Innovation and Opportunity Act.
``(f) Approval of Plans.--The Secretary shall approve any plan
submitted pursuant to this section that meets the requirements of
subsections (a) through (d).''.
(b) Duties of the Secretary.--
(1) Coordination of activities; dissemination of
information.--Section 416 (42 U.S.C. 616) is amended--
(A) by inserting ``(a) In General.--'' before ``The
programs''; and
(B) by adding at the end the following:
``(b) Coordination of Activities.--The Secretary shall coordinate
all activities of the Department of Health and Human Services relating
to work activities (as defined in section 407(d)) and requirements and
measurement of employment outcomes, and, to the maximum extent
practicable, coordinate the activities of the Department in this regard
with similar activities of other Federal entities.
``(c) Dissemination of Information.--The Secretary shall
disseminate, for voluntary informational purposes, information on
practices that scientifically valid research indicates are most
successful in improving the quality of State and tribal programs funded
under this part.''.
(c) Technical Assistance.--
(1) In general.--Section 406 (42 U.S.C. 606) is amended to
read as follows:
``SEC. 406. TECHNICAL ASSISTANCE.
``(a) In General.--The Secretary shall provide technical assistance
to States and Indian tribes (which may include providing technical
assistance on a reimbursable basis), which shall be provided by
qualified experts on practices grounded in scientifically valid
research, where appropriate, to support activities related publication
of State performance under section 407(b) and to carry out State and
tribal programs funded under this part.
``(b) Reservation of Funds.--The Secretary shall reserve not more
than 0.25 percent of the amount appropriated by section 403(a)(1)(C)
for a fiscal year to carry out subsection (a) of this section.''.
(2) Conforming amendment.--Section 403(a)(1)(B) (42 U.S.C.
603(a)(1)(B)) is amended by striking ``percentage specified in
section 413(h)(1)'' and inserting ``the sum of the percentages
specified in sections 406(b) and 413(h)''.
SEC. 15. ALIGNING AND IMPROVING DATA REPORTING.
(a) Requirement That States Report Full-Population Data.--Section
411(a)(1) (42 U.S.C. 611(a)(1)) is amended--
(1) by striking subparagraph (B);
(2) by striking ``(1) General reporting requirement.--'';
and
(3) by--
(A) redesignating--
(i) subparagraph (A) as paragraph (1);
(ii) clauses (i) through (xvii) of
subparagraph (A) as subparagraphs (A) through
(Q), respectively;
(iii) subclauses (I) through (V) of clause
(ii) as clauses (i) through (v), respectively;
(iv) subclauses (I) through (VII) of clause
(xi) as clauses (i) through (vii),
respectively; and
(v) subclauses (I) through (V) of clause
(xvi) as clauses (i) through (v), respectively;
and
(B) moving each such redesignated provision 2 ems
to the left.
(b) Report on Participation in Work Activities.--Section 411(a)(1)
(42 U.S.C. 611(a)(1)), as amended by subsection (a)(3) of this section,
is amended by striking subparagraphs (K) and (L) and inserting the
following:
``(K) The work eligibility status of each
individual in the family, and--
``(i) in the case of each work-eligible
individual (as defined in the regulations
promulgated pursuant to section
407(i)(1)(A)(i)) in the family--
``(I) the number of hours
(including zero hours) per month of
participation in--
``(aa) work activities (as
defined in section 407(d)); and
``(bb) any other activity
required by the State to remove
a barrier to employment; and
``(ii) in the case of each individual in
the family who is not a work-eligible
individual (as so defined), the reason for that
status.
``(L) For each work-eligible individual (as so
defined) and each adult in the family who did not
participate in work activities (as so defined) during a
month, the reason for the lack of participation.''.
(c) Reporting of Information on Employment and Earnings Outcomes.--
Section 411(c) (42 U.S.C. 611(c)) is amended to read as follows:
``(c) Reporting of Information on Employment and Earnings
Outcomes.--The Secretary, in consultation with the Secretary of Labor,
shall determine the information that is necessary to compute the
employment and earnings outcomes and the statistical adjustment model
for the employment and earnings outcomes required under section 407,
and each eligible State shall collect and report that information to
the Secretary.''.
SEC. 16. TECHNICAL CORRECTIONS TO DATA EXCHANGE STANDARDS TO IMPROVE
PROGRAM COORDINATION.
(a) In General.--Section 411(d) (42 U.S.C. 611(d)) is amended to
read as follows:
``(d) Data Exchange Standards for Improved Interoperability.--
``(1) Designation.--The Secretary shall, in consultation
with an interagency work group established by the Office of
Management and Budget and considering State government
perspectives, by rule, designate data exchange standards to
govern, under this part--
``(A) necessary categories of information that
State agencies operating programs under State plans
approved under this part are required under applicable
Federal law to electronically exchange with another
State agency; and
``(B) Federal reporting and data exchange required
under applicable Federal law.
``(2) Requirements.--The data exchange standards required
by paragraph (1) shall, to the extent practicable--
``(A) incorporate a widely accepted, non-
proprietary, searchable, computer-readable format, such
as the eXtensible Markup Language;
``(B) contain interoperable standards developed and
maintained by intergovernmental partnerships, such as
the National Information Exchange Model;
``(C) incorporate interoperable standards developed
and maintained by Federal entities with authority over
contracting and financial assistance;
``(D) be consistent with and implement applicable
accounting principles;
``(E) be implemented in a manner that is cost-
effective and improves program efficiency and
effectiveness; and
``(F) be capable of being continually upgraded as
necessary.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to require a change to existing data
exchange standards found to be effective and efficient.''.
(b) Effective Date.--Not later than the date that is 24 months
after the date of the enactment of this section, the Secretary of
Health and Human Services shall issue a proposed rule that--
(1) identifies federally required data exchanges, include
specification and timing of exchanges to be standardized, and
address the factors used in determining whether and when to
standardize data exchanges; and
(2) specifies State implementation options and describes
future milestones.
SEC. 17. SET-ASIDE FOR ECONOMIC DOWNTURNS.
Section 404(e) (42 U.S.C. 604(e)) is amended to read as follows:
``(e) Deadlines for Obligation and Expenditures of Funds by
States.--
``(1) In general.--Except as provided in paragraph (2), a
State to which a grant is made under section 403(a)(1) shall
obligate the funds within 2 years after the date the funds are
made available, and shall expend the funds within 3 years after
such date.
``(2) Exception for limited amount of funds set aside for
future use.--
``(A) In general.--A State to which funds are paid
under section 403(a)(1) may reserve not more than 15
percent of the funds for use in the State program
funded under this part without fiscal year limitation.
``(B) Notice of intent to reserve funds.--A State
that intends to reserve funds paid to the State under
section 402(a)(1) shall notify the Secretary of the
intention not later than the end of the period in which
the funds are available for obligation without regard
to subparagraph (A) of this paragraph.''.
SEC. 18. DEFINITIONS RELATED TO USE OF FUNDS.
Section 419 (42 U.S.C. 619) is amended by adding at the end the
following:
``(6) Assistance.--The term `assistance' means cash,
payments, vouchers, and other forms of benefits designed to
meet a family's ongoing basic needs (such as for food,
clothing, shelter, utilities, household goods, personal care
items, and general incidental expenses).
``(7) Work supports.--The term `work supports' means
assistance and non-assistance transportation benefits (such as
the value of allowances, bus tokens, car payments, auto repair,
auto insurance reimbursement, and van services) provided in
order to help families obtain, retain, or advance in
employment, participate in work activities (as defined in
section 407(d)), or as a non-recurrent, short-term benefit,
including goods provided to individuals in order to help them
obtain or maintain employment (such as tools, uniforms, fees to
obtain special licenses, bonuses, incentives, and work support
allowances and expenditures for job access).
``(8) Supportive services.--The term `supportive services'
means services such as domestic violence services, and mental
health, substance abuse and disability services, housing
counseling services, and other family supports, except to the
extent that the provision of the service would violate section
408(a)(6).
``(9) JOBS benefit.--The term `JOBS benefit' means--
``(A) assistance; or
``(B) wage subsidies that are paid, with funds
provided under section 403(a) or with qualified State
expenditures, with respect to a person who--
``(i) was a work-eligible individual (as
defined in the regulations promulgated pursuant
to section 407(i)(1)(A)(i)) at the time of
entry into subsidized employment, such as on-
the-job training or apprenticeship; and
``(ii) is not receiving assistance.''.
SEC. 19. ELIMINATION OF OBSOLETE PROVISIONS.
(a) Elimination of Supplemental Grants to States.--Section 403(a)
(42 U.S.C. 603(a)) is amended by striking paragraph (3).
(b) Elimination of Bonus To Reward High Performance States.--
(1) In general.--Section 403(a) (42 U.S.C. 603(a)) is
amended by striking paragraph (4).
(2) Conforming amendment.--Section 1108(a)(2) (42 U.S.C.
1308(a)(2)) is amended by striking ``403(a)(4),''.
(c) Elimination of Welfare-to-Work Grants.--
(1) In general.--Section 403(a) (42 U.S.C. 603(a)) is
amended by striking paragraph (5).
(2) Conforming amendments.--
(A) Elimination of exclusion from time limit.--
Section 408(a)(7) (42 U.S.C. 608(a)(7)) is amended by
striking subparagraph (G).
(B) Elimination of penalty for misuse of
competitive welfare-to-work funds.--Section 409(a)(1)
(42 U.S.C. 609(a)(1)) is amended by striking
subparagraph (C).
(C) Elimination of exclusion from qualified state
expenditures of state funds used to match welfare-to-
work grant funds.--Section 409(a)(7)(B)(iv) (42 U.S.C.
609(a)(7)(B)(iv)) is amended in the 1st sentence--
(i) by adding ``or'' at the end of
subclause (II); and
(ii) by striking subclause (III) and
redesignating subclause (IV) as subclause
(III).
(D) Elimination of penalty for failure of state to
maintain historic effort during year in which welfare-
to-work grant is received.--Section 409(a) (42 U.S.C.
609(a)) is amended by striking paragraph (13).
(E) Elimination of requirements relating to
welfare-to-work grants in quarterly state reports.--
Section 411(a) (42 U.S.C. 611(a)), as amended by
section 15(a) of this Act, is amended--
(i) in paragraph (1), by striking ``(except
for information relating to activities carried
out under section 403(a)(5))''; and
(ii) in each of paragraphs (2) through (4),
by striking the comma and all that follows and
inserting a period.
(F) Indian tribal programs.--Section 412(a) (42
U.S.C. 612(a)) is amended by striking paragraph (3).
(G) Elimination of requirement to disclose certain
information to private industry council receiving
welfare-to-work funds.--Section 454A(f) (42 U.S.C.
654a(f)) is amended by striking paragraph (5).
(H) Grants to territories.--Section 1108(a)(2) (42
U.S.C. 1308(a)(2)) is amended by striking
``403(a)(5),''.
(d) Elimination of Contingency Fund.--
(1) In general.--Section 403 (42 U.S.C. 603) is amended by
striking all of subsection (b) except paragraph (5).
(2) Conforming amendments.--
(A) Transfer of needy state definition.--
(i) In general.--Paragraph (5) of section
403(b) (42 U.S.C. 603(b)(5)) is--
(I) amended--
(aa) in the matter
preceding subparagraph (A), by
striking ``paragraph (4)'' and
inserting ``subparagraph (C)'';
(bb) in each of
subparagraphs (A) and (B), by
redesignating clauses (i) and
(ii) as subclauses (I) and
(II), respectively;
(cc) by redesignating
subparagraphs (A) and (B) as
clauses (i) and (ii),
respectively;
(dd) by redesignating such
paragraph as subparagraph (D);
and
(ee) by moving each
provision 2 ems to the right;
and
(II) as so amended, hereby
transferred into section 409(a)(3) (42
U.S.C. 609(a)(3)) and added to the end
of such section.
(ii) Conforming amendment.--Section
409(a)(3)(C) (42 U.S.C. 609(a)(3)(C)) is
amended by striking ``(as defined in section
403(b)(5))''.
(B) Elimination of penalty for failure of state
receiving amounts from contingency fund to maintain 100
percent of historic effort.--Section 409(a) (42 U.S.C.
609(a)) is amended by striking paragraph (10).
(e) Conforming Amendments Related to Elimination of Federal Loans
for State Welfare Programs.--
(1) Elimination of associated penalty provision.--
(A) In general.--Section 409(a) (42 U.S.C. 609(a))
is amended by striking paragraph (6).
(B) Conforming amendments.--Section 412(g)(1) (42
U.S.C. 612(g)(1)) is amended by striking ``(a)(6),''.
(2) Elimination of provision providing for tribal
eligibility.--Section 412 (42 U.S.C. 612) is amended by
striking subsection (f).
(3) Elimination of disregard of loan in applying limit on
payments to the territories.--Section 1108(a)(2) (42 U.S.C.
1308(a)(2)) is amended by striking ``406,''.
(f) Elimination of Limitations on Other State Programs Funded With
Qualified State Expenditures.--
(1) The following provisions are each amended by striking
``or any other State program funded with qualified State
expenditures (as defined in section 409(a)(7)(B)(i))'':
(A) Paragraphs (1) and (2) of section 407(e) (42
U.S.C. 607(e)(1) and (2)).
(B) Section 411(a)(1) (42 U.S.C. 611(a)(1)), as
amended by section 15(a)(3)(A)(i) of this Act.
(C) Subsections (d) and (e)(1) of section 413 (42
U.S.C. 613(d) and (e)(1)).
(2) Section 413(a) (42 U.S.C. 613(a)) is amended by
striking ``and any other State program funded with qualified
State expenditures (as defined in section 409(a)(7)(B)(i))''.
(g) Conforming Amendments Related to Elimination of Report.--
(1) In general.--Section 409(a)(2) (42 U.S.C. 609(a)(2)) is
amended--
(A) in the paragraph heading, by inserting
``quarterly'' before ``report'';
(B) in subparagraph (A)(ii), by striking ``clause
(i)'' and inserting ``subparagraph (A)'';
(C) by striking ``(A) Quarterly reports.--'';
(D) by striking subparagraph (B); and
(E) by redesignating clauses (i) and (ii) of
subparagraph (A) as subparagraphs (A) and (B),
respectively (and adjusting the margins accordingly).
(2) Conforming amendments.--
(A) Section 409(b)(2) (42 U.S.C. 609(b)(2)) is
amended by striking ``and,'' and all that follows and
inserting a period.
(B) Section 409(c)(4) (42 U.S.C. 609(c)(4)) is
amended by striking ``(2)(B),''.
(h) Annual Reports to Congress.--Section 411(b)(1)(A) (42 U.S.C.
611(b)(1)(A)) is amended by striking ``participation rates'' and
inserting ``outcome measures''.
(i) Reduction in Force Provisions.--Section 416(a) (42 U.S.C.
616(a)), as so designated by section 14(b)(1)(A) of this Act, is
amended by striking ``, and the Secretary'' and all that follows and
inserting a period.
(j) Conforming Cross-References.--
(1) Section 409 (42 U.S.C. 609) is amended--
(A) in subsection (a)(7)(B)(i)(III), by striking
``(12)'' and inserting ``(10)'';
(B) in subsection (a) (as amended by subsections
(c)(2)(D), (d)(2)(B), and (e)(1)(A) of this section),
by redesignating paragraphs (7), (8), (9), (11), (12),
(14), (15), and (16) as paragraphs (6) through (13),
respectively;
(C) in subsection (b)(2), by striking ``(8), (10),
(12), or (13)'' and inserting ``or (10)''; and
(D) in subsection (c)(4), by striking ``(8), (10),
(12), (13), or (16)'' and inserting ``(10), or (13)''.
(2) Section 452 (42 U.S.C. 652) is amended in each of
subsections (d)(3)(A)(i) and (g)(1) by striking ``409(a)(8)''
and inserting ``409(a)(7)''.
(k) Modifications to Maintenance-of-Effort Requirement.--Section
409(a)(6)(B)(i) (42 U.S.C. 609(a)(6)(B)(i)), as redesignated by
subsection (j)(1)(B) of this section, is amended--
(1) in subclause (I)--
(A) in the matter preceding item (aa), by striking
``all State programs'' and inserting ``the State
program funded under this part'';
(B) by redesignating items (dd) and (ee) as items
(ee) and (ff), respectively, and inserting after item
(cc) the following:
``(dd) Expenditures for a
purpose described in paragraph
(3), (4), or (5) of section
401(a).''; and
(C) in item (ee) (as so redesignated), by striking
``and (ee)'' and inserting ``(dd), and (ff)'';
(2) by striking subclause (V); and
(3) in subclause (IV), by inserting ``, except any of such
families whose monthly income exceeds twice the poverty line
(as defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Omnibus
Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2)))'' before
the period.
SEC. 20. EFFECTIVE DATE.
Except as provided in sections 5(g), 11(b) and 13(b), the
amendments made by this Act shall take effect on October 1, 2019.
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
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