II 

115TH CONGRESS 

1ST SESSION S. 1290 

To help individuals receiving assistance under means-tested welfare programs 

obtain self-sufficiency, to provide information on total spending on 

means-tested welfare programs, to provide an overall spending limit on 

means-tested welfare programs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 5, 2017 

Mr. LEE (for himself and Mr. CRUZ) introduced the following bill; which was 

read twice and referred to the Committee on Finance 

A BILL 

To help individuals receiving assistance under means-tested 

welfare programs obtain self-sufficiency, to provide information on total spending on means-tested welfare programs, to provide an overall spending limit on meanstested welfare programs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Welfare Reform and 

5 Upward Mobility Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents of this Act is as follows: 


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Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—REPORTING OF MEANS-TESTED WELFARE SPENDING IN 

PRESIDENT’S BUDGET SUBMISSION 

Sec. 101. Additional information in President’s budget submission. 

Sec. 102. Additional information from State recipients of means-tested welfare 

spending. 

Sec. 103. Definition of means-tested welfare spending. 

TITLE II—MODIFICATIONS TO SUPPLEMENTAL NUTRITION 

ASSISTANCE PROGRAM 

Sec. 201. Work requirements for able-bodied adults without dependents. 

Sec. 202. Work activation program for adults with dependent children. 

TITLE III—PREPARING MORE TANF RECIPIENTS FOR WORK 

Sec. 301. Work preparation program. 

Sec. 302. Changes to mandatory work requirements. 

TITLE IV—MODIFICATION TO MEANS-TESTED HOUSING 

PROGRAMS 

Sec. 401. Definitions. 

Sec. 402. Repeal of means-tested housing programs. 

Sec. 403. Authorization of appropriations. 

Sec. 404. Grants to States. 

Sec. 405. State recipient reports. 

Sec. 406. Research. 

Sec. 407. Rule of construction. 

TITLE V—PROHIBITION ON FUNDING OF ABORTION 

Sec. 501. Prohibition on funding for abortions. 

Sec. 502. Prohibition on funding for health benefits plans that cover abortion. 

Sec. 503. Prohibition on tax benefits relating to abortion. 

Sec. 504. Construction relating to separate coverage. 

Sec. 505. Construction relating to the use of non-Federal funds for health coverage. 

Sec. 506. Treatment of abortions related to rape, incest, or preserving the life 

of the mother. 


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1 TITLE I—REPORTING OF MEANS2 TESTED WELFARE SPENDING 

3 IN PRESIDENT’S BUDGET 

4 SUBMISSION 

5 SEC. 101. ADDITIONAL INFORMATION IN PRESIDENT’S 

6 BUDGET SUBMISSION. 

7 Section 1105(a) of title 31, United States Code, is 

8 amended by adding at the end the following: 

9 ‘‘(40) the total level of means-tested welfare 

10 spending (as defined in section 3 of the Congres11 sional Budget Act of 1974 (2 U.S.C. 622)) by the 

12 Federal Government and the total level of means13 tested welfare spending by all State and local gov14 ernments and the Federal Government for the most 

15 recent fiscal year for which such data is available 

16 and estimated levels for the fiscal year during which 

17 the budget submission of the President is made, for 

18 the fiscal year beginning on October 1 of the cal19 endar year during which the budget submission is 

20 made, and for each of the 9 ensuing fiscal years.’’. 

21 SEC. 102. ADDITIONAL INFORMATION FROM STATE RECIPI22 ENTS OF MEANS-TESTED WELFARE SPEND23 ING. 

24 For each of fiscal years 2019 through 2029, each 

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1 fined in section 3 of the Congressional Budget Act of 1974 

2 (2 U.S.C. 622), as amended by this Act) by the Federal 

3 Government shall submit to the Director of the Congres4 sional Budget Office an annual report regarding the total 

5 amount of means-tested welfare spending by the State for 

6 the fiscal year. 

7 SEC. 103. DEFINITION OF MEANS-TESTED WELFARE SPEND8 ING. 

9 Section 3 of the Congressional Budget Act of 1974 

10 (2 U.S.C. 622) is amended by adding at the end the fol11 lowing: 

12 ‘‘(12)(A) The term ‘means-tested welfare 

13 spending’— 

14 ‘‘(i) means spending for any Federal pro15 gram that is designed to specifically provide as16 sistance or benefits exclusively to low-income 

17 Americans; 

18 ‘‘(ii) does not include such a program if 

19 the program— 

20 ‘‘(I) is based on earned eligibility; 

21 ‘‘(II) is not need-based; 

22 ‘‘(III) is a program designed exclu23 sively or primarily for veterans of military 

24 service; or 


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1 ‘‘(IV) offers universal or near uni2 versal eligibility to the working population 

3 and their dependents; and 

4 ‘‘(iii) includes community and economic de5 velopment programs targeted to low-income 

6 communities or populations. 

7 ‘‘(B) For purposes of subparagraph (A), the 

8 spending on the following Federal programs shall be 

9 means-tested welfare spending: 

10 ‘‘(i) CASH AND GENERAL PROGRAMS.— 

11 ‘‘(I) Supplemental Security Income. 

12 ‘‘(II) Earned Income Tax Credit (Re13 fundable Portion). 

14 ‘‘(III) Refundable Child Credit. 

15 ‘‘(IV) Temporary Assistance to Needy 

16 Families. 

17 ‘‘(V) Title IV–E Foster Care. 

18 ‘‘(VI) Title IV–E Adoption Assist19 ance. 

20 ‘‘(VII) General Assistance to Indians. 

21 ‘‘(VIII) Assets for Independence. 

22 ‘‘(ii) MEDICAL.— 

23 ‘‘(I) Medicaid. 

24 ‘‘(II) State Children’s Health Insur25 ance Program. 


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1 ‘‘(III) Indian Health Services. 

2 ‘‘(IV) Consolidated Health Centers/ 

3 Community Health Centers. 

4 ‘‘(V) Maternal and Child Health. 

5 ‘‘(VI) Healthy Start. 

6 ‘‘(VII) Refundable Premiums and Out 

7 of Pocket Subsidies under the Patient Pro8 tection and Affordable Health Care Act 

9 (PPACA). 

10 ‘‘(iii) FOOD.— 

11 ‘‘(I) Food Stamps Program. 

12 ‘‘(II) School Lunch Program. 

13 ‘‘(III) Women, Infant and Children 

14 (WIC) Food Program. 

15 ‘‘(IV) School Breakfast. 

16 ‘‘(V) Child Care Food Program. 

17 ‘‘(VI) Nutrition Program for the El18 derly, Nutrition Service Incentives. 

19 ‘‘(VII) Summer Food Service Pro20 gram. 

21 ‘‘(VIII) Commodity Supplemental 

22 Food Program. 

23 ‘‘(IX) Temporary Emergency Food 

24 Program. 

25 ‘‘(X) Needy Families. 


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1 ‘‘(XI) Farmer’s Market Nutrition 

2 Program. 

3 ‘‘(XII) Special Milk Program. 

4 ‘‘(iv) HOUSING.— 

5 ‘‘(I) Section 8 Housing (HUD). 

6 ‘‘(II) Public Housing (HUD). 

7 ‘‘(III) State Housing Expenditures. 

8 ‘‘(IV) Home Investment Partnership 

9 Program (HUD). 

10 ‘‘(V) Homeless Assistance Grants 

11 (HUD). 

12 ‘‘(VI) Rural Housing Insurance Fund 

13 (Agriculture). 

14 ‘‘(VII) Rural Housing Service (Agri15 culture). 

16 ‘‘(VIII) Housing for the Elderly 

17 (HUD). 

18 ‘‘(IX) Native American Housing 

19 Block Grants (HUD). 

20 ‘‘(X) Other Assisted Housing Pro21 grams (HUD). 

22 ‘‘(XI) Housing for Persons with Dis23 abilities (HUD). 

24 ‘‘(v) ENERGY AND UTILITIES.— 


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1 ‘‘(I) Low-Income Home Energy As2 sistance. 

3 ‘‘(II) Universal Service Fund—Sub4 sidized Phone Service for Low-Income Per5 sons. 

6 ‘‘(III) Weatherization. 

7 ‘‘(vi) EDUCATION.— 

8 ‘‘(I) Federal Pell Grants. 

9 ‘‘(II) Grants for improving basic pro10 grams operated by local educational agen11 cies. 

12 ‘‘(III) Federal TRIO Programs. 

13 ‘‘(IV) Federal Supplemental Edu14 cational Opportunity Grants. 

15 ‘‘(V) Programs for the education of 

16 migratory children. 

17 ‘‘(VI) Gaining Early Awareness and 

18 Readiness for Undergraduate Programs 

19 (GEAR UP). 

20 ‘‘(VII) Education for Homeless Chil21 dren and Youth. 

22 ‘‘(VIII) Leveraging Educational As23 sistance Partnership (LEAP) Program. 

24 ‘‘(IX) Even Start. 

25 ‘‘(vii) TRAINING.— 


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1 ‘‘(I) Job Corps. 

2 ‘‘(II) Youth Opportunity Grants. 

3 ‘‘(III) Adult Employment and Train4 ing Activities. 

5 ‘‘(IV) Senior Community Service Em6 ployment. 

7 ‘‘(V) Employment and Training Pro8 gram, of the Food Stamp Program or the 

9 Supplemental Nutrition Assistance Pro10 gram. 

11 ‘‘(VI) Workforce Investment Activities 

12 for Migrant and Seasonal Farmworkers. 

13 ‘‘(VII) YouthBuild. 

14 ‘‘(VIII) Workforce Investment Activi15 ties for Indians or Native Hawaiians. 

16 ‘‘(viii) SERVICES.— 

17 ‘‘(I) Social Services Block Grant. 

18 ‘‘(II) Community Services Block 

19 Grant. 

20 ‘‘(III) Services for Refugees, Asylees, 

21 and Other Special Populations. 

22 ‘‘(IV) State and Community Pro23 grams on Aging. 

24 ‘‘(V) Legal Assistance Grants and 

25 Contracts. 


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1 ‘‘(VI) Family Planning Services. 

2 ‘‘(VII) Emergency Food and Shelter. 

3 ‘‘(VIII) Healthy Marriage Promotion 

4 and Responsible Fatherhood Grants. 

5 ‘‘(IX) AmeriCorps VISTA. 

6 ‘‘(ix) CHILD CARE AND CHILD DEVELOP7 MENT.— 

8 ‘‘(I) Head Start (including Early 

9 Head Start). 

10 ‘‘(II) Child Care and Development 

11 Block Grant (not under the Temporary As12 sistance to Needy Families Program). 

13 ‘‘(III) Child Care and Development 

14 Block Grant (under the Temporary Assist15 ance to Needy Families Program). 

16 ‘‘(x) COMMUNITY DEVELOPMENT.— 

17 ‘‘(I) Community Development Block 

18 Grant. 

19 ‘‘(II) Economic Development Adminis20 tration. 

21 ‘‘(III) Appalachian Regional Develop22 ment. 

23 ‘‘(IV) Empowerment Zones, Enter24 prise Communities, Renewal Communities. 


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1 ‘‘(V) Urban Development Block 

2 Grant. 

3 ‘‘(C) For purposes of subparagraph (A), spend4 ing on the following Federal programs shall not be 

5 means-tested welfare spending: 

6 ‘‘(i) The Social Security Disability Insur7 ance program. 

8 ‘‘(ii) Medicare. 

9 ‘‘(iii) Retirement insurance benefits and 

10 survivor benefits under the Social Security pro11 gram. 

12 ‘‘(iv) Any program designed exclusively or 

13 primarily for veterans of military service. 

14 ‘‘(v) Unemployment insurance benefits. 

15 ‘‘(vi) Programs designed specifically to 

16 provide benefits to workers to compensate for 

17 job-related injuries or illnesses. 

18 ‘‘(D) The term ‘means-tested welfare spending’ 

19 includes the full cost of benefits and services pro20 vided under a program and the administrative costs 

21 for operating the program, subject to the limitations 

22 under subparagraph (E). 

23 ‘‘(E)(i)(I) For purposes of this paragraph, only 

24 the refundable portion of the following tax credits 

25 shall be means-tested welfare spending: 


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1 ‘‘(aa) The earned income tax credit. 

2 ‘‘(bb) The child tax credit. 

3 ‘‘(cc) The making work pay tax credit. 

4 ‘‘(II) For purposes of this paragraph, only the 

5 refundable portion of the premium and out of pocket 

6 health care subsidies to be paid under the Patient 

7 Protection and Affordable Health Care Act shall be 

8 means-tested welfare spending. 

9 ‘‘(III) For purposes of this clause, the term ‘re10 fundable portion’ means the portion of the credit 

11 which is paid to an individual in excess of the 

12 amount of Federal income tax owed by the indi13 vidual. 

14 ‘‘(ii) For purposes of this paragraph, only the 

15 costs of the free and reduced price segments of the 

16 school lunch and school breakfast programs shall be 

17 means-tested welfare spending. 

18 ‘‘(F) For purposes of this paragraph expendi19 tures by State and local governments of funds that 

20 are— 

21 ‘‘(i) obtained by the State and local gov22 ernment from taxes, fees, or other sources of 

23 revenue established by the State or local gov24 ernment; and 


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1 ‘‘(ii) are not received as any form of grant 

2 from the Federal Government, 

3 shall not be Federal means-tested welfare spending, 

4 without regard to whether such State and local ex5 penditures take the form of contributions to a Fed6 eral program described in subparagraph (A) or listed 

7 in subparagraph (B).’’. 

8 TITLE II—MODIFICATIONS TO 

9 SUPPLEMENTAL NUTRITION 

10 ASSISTANCE PROGRAM 

11 SEC. 201. WORK REQUIREMENTS FOR ABLE-BODIED 

12 ADULTS WITHOUT DEPENDENTS. 

13 (a) DECLARATION OF POLICY.—Section 2 of the 

14 Food and Nutrition Act of 2008 (7 U.S.C. 2011) is 

15 amended by adding at the end the following: ‘‘Congress 

16 further finds that it should also be the purpose of the sup17 plemental nutrition assistance program to increase em18 ployment, to encourage healthy marriage, and to promote 

19 prosperous self-sufficiency, which means the ability of 

20 households to maintain an income above the poverty level 

21 without services and benefits from the Federal Govern22 ment.’’. 

23 (b) DEFINITIONS.— 

24 (1) FOOD.—Section 3(k) of the Food and Nu25 trition Act of 2008 (7 U.S.C. 2012(k)) is amended 


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1 by inserting before the period at the end the fol2 lowing: ‘‘, except that a food, food product, meal, or 

3 other item described in this subsection shall be con4 sidered a food under this Act only if it is an essen5 tial (as determined by the Secretary)’’. 

6 (2) SUPERVISED JOB SEARCH.—Section 3 of 

7 the Food and Nutrition Act of 2008 (7 U.S.C. 

8 2012) is amended— 

9 (A) by redesignating subsections (t) 

10 through (v) as subsections (u) through (w), re11 spectively; and 

12 (B) by inserting after subsection (s) the 

13 following: 

14 ‘‘(t) SUPERVISED JOB SEARCH.—The term ‘super15 vised job search’ means a job search program that has 

16 the following characteristics: 

17 ‘‘(1) The job search occurs at an official loca18 tion where the presence and activity of the recipient 

19 can be directly observed, supervised, and monitored. 

20 ‘‘(2) The entry, time onsite, and exit of the re21 cipient from the official job search location are re22 corded in a manner that prevents fraud. 

23 ‘‘(3) The recipient is expected to remain and 

24 undertake job search activities at the job search cen25 ter. 


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1 ‘‘(4) The quantity of time the recipient is ob2 served and monitored engaging in job search at the 

3 official location is recorded for purposes of compli4 ance with the work and work activation require5 ments of sections 6(o) and 30.’’. 

6 (c) WORK REQUIREMENT FOR ABLE-BODIED

7 ADULTS WITHOUT DEPENDENTS.—Section 6(o) of the 

8 Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)) is 

9 amended— 

10 (1) in paragraph (2)— 

11 (A) in the matter preceding subparagraph 

12 (A), by striking ‘‘not less than 3 months (con13 secutive or otherwise)’’ and inserting ‘‘more 

14 than 1 month’’; 

15 (B) in subparagraph (C), by striking ‘‘or’’ 

16 at the end; 

17 (C) in subparagraph (D), by striking the 

18 period at the end and inserting ‘‘; or’’; and 

19 (D) by adding at the end the following: 

20 ‘‘(E) participate in supervised job search 

21 for at least 8 hours per week.’’; 

22 (2) in paragraph (4), by adding at the end the 

23 following: 

24 ‘‘(C) TERMINATION.—Subparagraph (A) 

25 shall not apply with respect to any fiscal year 


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1 that begins after the effective date of the Wel2 fare Reform and Upward Mobility Act.’’; 

3 (3) in paragraph (6)— 

4 (A) in the paragraph heading, by striking 

5 ‘‘15-PERCENT’’ and inserting ‘‘5-PERCENT’’; 

6 (B) in subparagraph (A)(ii)(IV), by strik7 ing ‘‘3 months’’ and inserting ‘‘1 month’’; and 

8 (C) in subparagraph (D), by striking ‘‘15 

9 percent’’ and inserting ‘‘5 percent’’; and 

10 (4) by adding at the end the following: 

11 ‘‘(8) PROMOTING WORK.—As a condition of re12 ceiving supplemental nutrition assistance program 

13 funds under this Act, a State agency shall provide 

14 each individual subject to the work requirement of 

15 this subsection with the opportunity to participate in 

16 an activity selected by the State from among the op17 tions described in subparagraphs (B), (C), and (E) 

18 of paragraph (2). 

19 ‘‘(9) PENALTIES FOR INADEQUATE STATE PER20 FORMANCE.—If a State agency fails to fully comply 

21 with this section, including the requirement to termi22 nate the benefits of individuals who fail to fulfill the 

23 work requirements described in paragraph (2) dur24 ing a fiscal quarter, the funding allotment of the 

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1 gram shall be reduced by 10 percent for the quarter 

2 that begins 180 days after the first day of the quar3 ter in which the noncompliance occurred.’’. 

4 SEC. 202. WORK ACTIVATION PROGRAM FOR ADULTS WITH 

5 DEPENDENT CHILDREN. 

6 The Food and Nutrition Act of 2008 (7 U.S.C. 2011 

7 et seq.) is amended by adding at the end the following: 

8 ‘‘SEC. 30. WORK ACTIVATION PROGRAM FOR ADULTS WITH 

9 DEPENDENT CHILDREN. 

10 ‘‘(a) DEFINITIONS.—In this section: 

11 ‘‘(1) ELIGIBLE PARTICIPANT.—The term ‘eligi12 ble participant’ means an individual who, during a 

13 particular month, is— 

14 ‘‘(A) a parent in a household with depend15 ent children; 

16 ‘‘(B) at least 19, and not more than 55, 

17 years of age; 

18 ‘‘(C) not disabled; 

19 ‘‘(D) a member of a household in which 1 

20 or more parents or children receive supple21 mental nutrition assistance program benefits in 

22 the month; 

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1 gram benefits for more than 3 months in the 

2 year; and 

3 ‘‘(F) employed less than 100 hours in the 

4 month. 

5 ‘‘(2) MARRIED COUPLE HOUSEHOLD.—The 

6 term ‘married couple household’ means a household 

7 that includes 2 eligible participants who are married 

8 to each other and have dependent children. 

9 ‘‘(3) SUCCESSFUL ENGAGEMENT IN WORK ACTI10 VATION.—The term ‘successful engagement in work 

11 activation’ means— 

12 ‘‘(A) in the case of an individual who is eli13 gible and required to participate in interim 

14 work activation, performance during the month 

15 that fulfills the activity and hour requirements 

16 of subsection (c); 

17 ‘‘(B) in the case of an individual who is re18 quired to participate in full work activation, 

19 performance during the month that fulfills the 

20 activity and hour requirements of subsection 

21 (d); and 

22 ‘‘(C) in the case of an individual who 

23 meets the eligibility criteria described in sub24 section (e)(1), performance that fulfills the ac25 tivity and hour requirements of that subsection. 


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1 ‘‘(4) WORK AND WORK PREPARATION ACTIVI2 TIES.—The term ‘work and work preparation activi3 ties’ means— 

4 ‘‘(A) unsubsidized employment; 

5 ‘‘(B) subsidized private sector employment; 

6 ‘‘(C) subsidized public sector employment; 

7 ‘‘(D) work experience (including work as8 sociated with the refurbishing of publicly as9 sisted housing) if sufficient private sector em10 ployment is not available; 

11 ‘‘(E) on-the-job training; 

12 ‘‘(F) job readiness assistance; 

13 ‘‘(G) a community service program; 

14 ‘‘(H) vocational educational training (not 

15 to exceed 1 year with respect to any individual); 

16 ‘‘(I) job skills training directly related to 

17 employment; 

18 ‘‘(J) education directly related to employ19 ment, in the case of a recipient who has not re20 ceived a high school diploma or a certificate of 

21 high school equivalency; 

22 ‘‘(K) satisfactory attendance at secondary 

23 school or in a course of study leading to a cer24 tificate of general equivalence, in the case of a 


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1 recipient who has not completed secondary 

2 school or received such a certificate; 

3 ‘‘(L) the provision of child care services to 

4 an individual who is participating in a commu5 nity service program; 

6 ‘‘(M) workfare under section 20; and 

7 ‘‘(N) supervised job search. 

8 ‘‘(b) WORK ACTIVATION PROGRAM.— 

9 ‘‘(1) IN GENERAL.—As a condition of receiving 

10 supplemental nutrition assistance program funds 

11 under this Act, a State agency shall be required to 

12 operate a work activation program for eligible par13 ticipants. 

14 ‘‘(2) SPECIAL RULES FOR MARRIED COUPLE

15 HOUSEHOLDS.— 

16 ‘‘(A) IN GENERAL.—In the case of eligible 

17 participants who are spouses in a married cou18 ple household— 

19 ‘‘(i) the work activation requirement 

20 of this section shall apply only if the sum 

21 of the combined current employment of 

22 both spouses is less than 100 hours per 

23 month; and 

24 ‘‘(ii) both spouses shall be considered 

25 to have achieved successful engagement in 


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1 the work activation program if either 

2 spouse fulfills the work activation require3 ments described in subsection (c), (d), or 

4 (e)(1). 

5 ‘‘(B) TOTAL REQUIRED HOURS.—The total 

6 combined number of hours of required work 

7 and work preparation activities for both spouses 

8 in a married couple household shall not be 

9 greater than the total number of hours required 

10 for a single head of household. 

11 ‘‘(C) REQUIREMENT.—In carrying out this 

12 section, a State agency shall ensure that, for 

13 any month— 

14 ‘‘(i) the proportion that— 

15 ‘‘(I) the number of married cou16 ple households that are required to 

17 participate in work activation under 

18 this section in a month; bears to 

19 ‘‘(II) the number of all house20 holds that are required to participate 

21 in work activation under this section 

22 in the same month; is not greater 

23 than— 

24 ‘‘(ii) the proportion that— 


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1 ‘‘(I) the number of all married 

2 couple households with eligible partici3 pants in the month; bears to 

4 ‘‘(II) the number of all house5 holds with eligible participants in the 

6 same month. 

7 ‘‘(c) SHORT-TERM INTERIM WORK ACTIVATION.— 

8 ‘‘(1) IN GENERAL.—A State agency may re9 quire eligible participants who meet the criteria in 

10 paragraph (2) to engage in— 

11 ‘‘(A) interim work activation as described 

12 in this subsection; or 

13 ‘‘(B) full work activation as described in 

14 subsection (d). 

15 ‘‘(2) ELIGIBILITY.—A State agency may re16 quire an eligible participant to participate in interim 

17 work activation instead of full work activation if the 

18 eligible participant has not engaged in work activa19 tion under this section in the preceding 3 years. 

20 ‘‘(3) REQUIRED JOB SEARCH.—A participant in 

21 interim work activation shall be required— 

22 ‘‘(A) to participate in supervised job search 

23 for at least 6 hours per week; and 

24 ‘‘(B) to engage in such additional activities 

25 as the State agency may require. 


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1 ‘‘(4) TIME LIMIT ON INTERIM WORK ACTIVA2 TION.— 

3 ‘‘(A) IN GENERAL.—An eligible participant 

4 shall not participate in interim work activation 

5 for more than 3 months. 

6 ‘‘(B) ADDITIONAL TIME.—After an eligible 

7 participant has participated in interim work ac8 tivation for 3 months, the State agency shall re9 quire the eligible participant— 

10 ‘‘(i) to maintain at least 100 hours of 

11 employment per month; or 

12 ‘‘(ii) to participate in full work activa13 tion. 

14 ‘‘(d) FULL WORK ACTIVATION.— 

15 ‘‘(1) IN GENERAL.—As a condition of receiving 

16 supplemental nutrition assistance program funds 

17 under this Act, a State agency shall require all or 

18 part of the eligible participants in the State to en19 gage in full work activation under this section. 

20 ‘‘(2) REQUIREMENTS.—An eligible participant 

21 who is required to participate in full work activation 

22 in a month shall be required to engage in 1 or more 

23 work and work preparation activities for an average 

24 of 100 hours per month. 


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1 ‘‘(3) LIMITATION.—Of the total number of re2 quired hours described in paragraph (2), not fewer 

3 than 20 hours per week shall be attributable to an 

4 activity described in subparagraph (A), (B), (C), 

5 (D), (E), (F), (G), (H), (L), (M), or (N) of sub6 section (a)(4). 

7 ‘‘(4) PARTICIPATION IN COMMUNITY SERVICE

8 OR WORKFARE.—At least 10 percent of the eligible 

9 participants that a State requires to participate in 

10 full work activation under this section shall be re11 quired to participate in activities described in sub12 paragraph (D), (G), or (M) of subsection (a)(4). 

13 ‘‘(5) WORK ACTIVATION NOT EMPLOYMENT.— 

14 Other than unsubsidized employment described in 

15 subsection (a)(4)(A), participation in work and work 

16 preparation activities under this section shall not 

17 be— 

18 ‘‘(A) considered to be employment; or 

19 ‘‘(B) subject to any law pertaining to 

20 wages, compensation, hours, or conditions of 

21 employment under any law administered by the 

22 Secretary of Labor. 

23 ‘‘(6) ADDITIONAL REQUIRED ACTIVITY.—Ex24 cept as provided in subsection (g), nothing in this 

25 section prevents a State from requiring more than 


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1 100 hours per month of participation in work and 

2 work preparation activities. 

3 ‘‘(e) LIMITATIONS AND SPECIAL RULES.— 

4 ‘‘(1) SINGLE TEEN HEAD OF HOUSEHOLD OR

5 MARRIED TEEN WHO MAINTAINS SATISFACTORY

6 SCHOOL ATTENDANCE.—For purposes of deter7 mining monthly participation rates under this sec8 tion, an eligible participant who is married or a head 

9 of household and who has not attained 20 years of 

10 age shall be considered to have completed successful 

11 engagement in work activation for a month if the eli12 gible participant— 

13 ‘‘(A) maintains satisfactory attendance at 

14 secondary school or the equivalent during the 

15 month; or 

16 ‘‘(B) participates in education directly re17 lated to employment for an average of at least 

18 20 hours per week during the month. 

19 ‘‘(2) LIMITATION ON NUMBER OF PERSONS

20 WHO MAY BE TREATED AS ENGAGED IN WORK ACTI21 VATION BY REASON OF PARTICIPATION IN EDU22 CATIONAL ACTIVITIES.—For purposes of deter23 mining monthly participation rates under this sec24 tion, not more than 30 percent of the number of in25 dividuals in a State who are treated as having comVerDate Sep 11 2014 04:31 Jun 09, 2017 Jkt 069000 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1290.IS S1290

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1 pleted successful engagement in work activation for 

2 a month may be individuals who are determined to 

3 be engaged in work activation for the month by rea4 son of participation in vocational educational train5 ing. 

6 ‘‘(f) STATE OPTION FOR PARTICIPATION REQUIRE7 MENT EXEMPTIONS.— 

8 ‘‘(1) IN GENERAL.—For any fiscal year, a State 

9 agency, at the option of the State agency, may— 

10 ‘‘(A) exempt a household that includes a 

11 child who has not attained 12 months of age 

12 from engaging in work activation; and 

13 ‘‘(B) disregard that household in deter14 mining the monthly participation rates under 

15 this section until the child has attained 12 

16 months of age. 

17 ‘‘(2) EXCLUSION.—For purposes of determining 

18 monthly participation rates under this section, a 

19 household that includes a child who has not attained 

20 6 years of age shall be considered to be successfully 

21 engaged in work activation for a month if a member 

22 of the household receiving supplemental nutrition as23 sistance program benefits is engaged in work activa24 tion for an average of at least 20 hours per week 

25 during the month. 


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1 ‘‘(g) PENALTIES AGAINST INDIVIDUALS.— 

2 ‘‘(1) IN GENERAL.—Except as provided in para3 graph (3), if an eligible participant in a household 

4 receiving assistance under the State program funded 

5 under this section fails to complete successful en6 gagement in work activation in accordance with this 

7 section, the State agency shall— 

8 ‘‘(A) in accordance with paragraph (2), re9 duce the amount of assistance otherwise pay10 able to the entire household pro rata (or more, 

11 at the option of the State agency) with respect 

12 to the month immediately after any month in 

13 which the eligible participant fails to perform; 

14 or 

15 ‘‘(B) terminate the assistance entirely. 

16 ‘‘(2) PRO RATA REDUCTION.—For purposes of 

17 paragraph (1)(A), the amount of the pro rata reduc18 tion shall equal the product obtained by multi19 plying— 

20 ‘‘(A) the normal monthly amount of assist21 ance to the entire household that would have 

22 been received if not for the reduction under 

23 paragraph (1)(A); by 

24 ‘‘(B) the proportion that— 


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1 ‘‘(i) the hours of required work and 

2 work preparation activities performed by 

3 the eligible participant during the month; 

4 bears to 

5 ‘‘(ii) the number or hours of work and 

6 work preparation activities the State agen7 cy required the eligible participant to per8 form in accordance with this section. 

9 ‘‘(3) EXCEPTION.—A State may not reduce or 

10 terminate assistance under the State program fund11 ed under this section or any other State program 

12 funded with qualified State expenditures (as defined 

13 in section 409(a)(7)(B) of the Social Security Act 

14 (42 U.S.C. 609(a)(7)(B))) based on a refusal of an 

15 eligible participant to engage in work and work 

16 preparation activities required under this section 

17 if— 

18 ‘‘(A) the eligible participant is a single cus19 todial parent caring for a child who has not at20 tained 6 years of age; and 

21 ‘‘(B) the eligible participant proves that 

22 the eligible participant has a demonstrated in23 ability (as determined by the State agency) to 

24 obtain needed child care, due to— 


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1 ‘‘(i) unavailability of appropriate child 

2 care within a reasonable distance from the 

3 home or work site of the eligible partici4 pant; or 

5 ‘‘(ii) unavailability of all affordable 

6 child care arrangements, including formal 

7 child care and all informal child care by a 

8 relative or under other arrangements. 

9 ‘‘(h) LIMITATION ON HOURS OF REQUIRED PARTICI10 PATION IN COMMUNITY SERVICE OR WORKFARE.— 

11 ‘‘(1) IN GENERAL.—The maximum number of 

12 hours during a month that an eligible participant 

13 shall be required under this section to work in a 

14 community service program or a workfare program 

15 under section 20 shall not exceed the quotient ob16 tained by dividing— 

17 ‘‘(A) the total dollar cost of all means-test18 ed benefits received by the household for that 

19 month, as determined under paragraph (2); by 

20 ‘‘(B) the Federal minimum wage. 

21 ‘‘(2) TOTAL DOLLAR COST OF ALL MEANS22 TESTED BENEFITS DEFINED.— 

23 ‘‘(A) IN GENERAL.—Except as provided in 

24 subparagraph (B), the total dollar cost of all 

25 means-tested benefits shall equal the sum of the 


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1 dollar cost of all benefits received by the house2 hold from— 

3 ‘‘(i) the supplemental nutrition assist4 ance program; 

5 ‘‘(ii) the State program funded under 

6 part A of title IV of the Social Security 

7 Act (42 U.S.C. 601 et seq.) or any other 

8 State program funded with qualified State 

9 expenditures (as defined in section 

10 409(a)(7)(B)(i) of that Act (42 U.S.C. 

11 609(a)(7)(B)(i))); and 

12 ‘‘(iii) any assistance provided to a 

13 household, landlord, or public housing 

14 agency (as defined in section 3(b)(6) of the 

15 United States Housing Act of 1937 (42 

16 U.S.C. 1437a(b)(6))) to subsidize the rent17 al payment for a dwelling unit, including 

18 assistance provided for public housing 

19 dwelling units under section 3 of the 

20 United States Housing Act of 1937 (42 

21 U.S.C. 1437a) and assistance provided 

22 under section 8 of that Act (42 U.S.C. 

23 1437f). 

24 ‘‘(B) VALUE OF BENEFITS DURING SANC25 TION.—For purposes of subparagraph (A), if 


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1 the dollar value of 1 or more benefits received 

2 by a household in a month has been reduced 

3 under subsection (g) or another sanction re4 quirement, the calculated dollar value of the 

5 sanctioned benefits shall equal the dollar value 

6 of the benefit that would have been received if 

7 the benefit had not been reduced by the sanc8 tion. 

9 ‘‘(3) ADDITIONAL ACTIVITIES.—Nothing in this 

10 subsection prevents a State agency from requiring 

11 an eligible participant to engage in activities not de12 scribed in paragraph (1) for additional hours during 

13 the month. 

14 ‘‘(i) WORK ACTIVATION PARTICIPATION GOALS.— 

15 ‘‘(1) IN GENERAL.—As a condition of receiving 

16 supplemental nutrition assistance program funds 

17 under this Act, except as provided in paragraph (2), 

18 a State agency shall achieve for each quarter of the 

19 fiscal year with respect to all eligible participants re20 ceiving assistance under the State program funded 

21 under this section for that fiscal year at least the 

22 participation rate specified in the following table: 

‘‘If the fiscal year is: 

The quarterly 

participation rate 

shall be at least: 

2019 ..................................................................................... 20 percent

2020 ..................................................................................... 35 percent

2021 ..................................................................................... 50 percent


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‘‘If the fiscal year is: 

The quarterly 

participation rate 

shall be at least: 

2022 ..................................................................................... 65 percent

2023 ..................................................................................... 80 percent. 

1 ‘‘(2) ADJUSTMENT IF RECESSIONARY PE2 RIOD.—If the average national unemployment rate 

3 during a quarter of a fiscal year, as determined by 

4 the Bureau of Labor Statistics of the Department of 

5 Labor, is more than 8 percent, the participation goal 

6 for the immediately succeeding quarter shall equal 

7 the product obtained by multiplying— 

8 ‘‘(A) the applicable quarterly participation 

9 rate under paragraph (1); by 

10 ‘‘(B) 0.8. 

11 ‘‘(j) CALCULATION OF WORK ACTIVATION PARTICI12 PATION RATES.— 

13 ‘‘(1) DEFINITION OF SANCTIONED RECIPI14 ENT.—In this subsection, the term ‘sanctioned re15 cipient’ means any eligible participant who— 

16 ‘‘(A) was required to participate in work 

17 activation in a month; 

18 ‘‘(B) failed to perform the assigned work 

19 and work preparation activities so as to meet 

20 the relevant hourly requirements in subsection 

21 (c), (d), or (e)(2); and 


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1 ‘‘(C) was sanctioned by a reduced benefit 

2 payment in the subsequent month under sub3 section (g). 

4 ‘‘(2) REQUIREMENTS.—The work activation 

5 participation rate for a State for any quarter of a 

6 fiscal year shall equal the average of the monthly 

7 participation rates for the State during the 3 

8 months of that quarter. 

9 ‘‘(3) MONTHLY PARTICIPATION RATE.—For 

10 purposes of paragraph (2), the monthly participation 

11 rate shall equal the ratio of all countable partici12 pants to all eligible participants in the month, as de13 termined under paragraph (4). 

14 ‘‘(4) RATIO OF ALL COUNTABLE PARTICIPANTS

15 TO ALL ELIGIBLE PARTICIPANTS.—Subject to para16 graph (5), the ratio of all countable participants to 

17 all eligible participants in a month equals the pro18 portion that— 

19 ‘‘(A) the sum obtained by adding— 

20 ‘‘(i) all eligible participants who— 

21 ‘‘(I) were required by the State 

22 to engage in interim work activation, 

23 full work activation, or education 

24 under subsection (e)(1) during the 

25 month; and 


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1 ‘‘(II) fulfilled the criteria for suc2 cessful engagement in work activation 

3 for that activity during the month; 

4 and 

5 ‘‘(ii) all sanctioned recipients for that 

6 month; bears to 

7 ‘‘(B) the average number of eligible par8 ticipants in the State in that month. 

9 ‘‘(5) MULTIPLE ELIGIBLE PARTICIPANTS.—A 

10 married couple household consisting of more than 1 

11 eligible participant shall be counted as a single eligi12 ble participant for purposes of calculating the par13 ticipation rate under this subsection. 

14 ‘‘(k) PENALTIES FOR INADEQUATE STATE PERFORM15 ANCE.— 

16 ‘‘(1) IN GENERAL.—Beginning in the first 

17 quarter of fiscal year 2020 and for each subsequent 

18 quarter of fiscal year 2020 and of each subsequent 

19 fiscal year, each State shall count the monthly aver20 age number of countable participants under this sec21 tion. 

22 ‘‘(2) REDUCTION IN FUNDING.—If the monthly 

23 average number of countable participants in a State 

24 of a fiscal year is not sufficient to fulfill the relevant 

25 work activation participation goal under subsection 


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1 (i) during that quarter, the supplemental nutrition 

2 assistance program funding for the State under this 

3 Act shall be reduced for the fiscal quarter that be4 gins 180 days after the first day of the quarter in 

5 which the inadequate performance occurred in ac6 cordance with paragraph (3). 

7 ‘‘(3) FUNDING IN PENALIZED QUARTER.—The 

8 total amount of funding a State shall receive for all 

9 households with eligible participants for a quarter 

10 for which funding is reduced under paragraph (2) 

11 shall equal the product obtained by multiplying— 

12 ‘‘(A) the total amount of funding that the 

13 State would have received in the preceding 

14 quarter for all households with eligible partici15 pants if no reduction had been in place; by 

16 ‘‘(B) the ratio of all countable participants 

17 to all eligible participants (as determined under 

18 subsection (j)(4)) for the quarter that began 

19 180 days before the first day of the quarter for 

20 which funding is reduced. 

21 ‘‘(l) FUNDING TO ADMINISTER WORK ACTIVA22 TION.— 

23 ‘‘(1) TANF FUNDING.— 

24 ‘‘(A) IN GENERAL.—Notwithstanding any 

25 other provision of law, for fiscal year 2019 and 


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1 each subsequent fiscal year, a State that re2 ceives supplemental nutrition assistance pro3 gram funds under this Act may use during that 

4 fiscal year to carry out the work activation pro5 gram of the State under this section— 

6 ‘‘(i) any of the Federal funds available 

7 to the State through the State program 

8 funded under part A of title IV of the So9 cial Security Act (42 U.S.C. 601 et seq.) 

10 in that fiscal year; and 

11 ‘‘(ii) any of the funds from State 

12 sources allocated to the operation of the 

13 program described in clause (i). 

14 ‘‘(B) EFFECT.—Any State that uses State 

15 funds allocated to the State program funded 

16 under part A of title IV of the Social Security 

17 Act (42 U.S.C. 601 et seq.) to administer the 

18 work activation program of that State under 

19 this section may treat those funds as qualified 

20 State expenditures (as defined in section 

21 409(a)(7)(B)(i) of that Act (42 U.S.C. 

22 609(a)(7)(B)(i))) for purposes of meeting the 

23 requirements of section 409(a)(7) of that Act 

24 (42 U.S.C. 609(a)(7)) in that fiscal year. 


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1 ‘‘(2) WORKFORCE INVESTMENT ACT FUND2 ING.—Notwithstanding any other provision of law, 

3 for fiscal year 2019 and each subsequent fiscal year, 

4 a State that receives Federal funds under the Work5 force Investment Act of 1998 (29 U.S.C. 2801 et 

6 seq.) may use up to 50 percent of those funds dur7 ing that fiscal year to carry out the work activation 

8 program of the State under this section. 

9 ‘‘(3) SUPPLEMENTAL NUTRITION ASSISTANCE

10 PROGRAM EMPLOYMENT AND TRAINING PROGRAM.— 

11 Notwithstanding any other provision of law, for fis12 cal year 2019 and each subsequent fiscal year, a 

13 State that receives Federal funds under this Act for 

14 an employment and training program under section 

15 6(d) may use those funds during that fiscal year to 

16 carry out the work activation program of the State 

17 under this section.’’. 

18 TITLE III—PREPARING MORE 

19 TANF RECIPIENTS FOR WORK 

20 SEC. 301. WORK PREPARATION PROGRAM. 

21 Section 407 of the Social Security Act (42 U.S.C. 

22 607) is amended by adding at the end the following new 

23 subsection: 

24 ‘‘(j) WORK PREPARATION PROGRAM.— 


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•S 1290 IS

1 ‘‘(1) IN GENERAL.—A State to which a grant 

2 is made under section 403 for a fiscal year, in addi3 tion to achieving the minimum participation rates 

4 required for the fiscal year under paragraphs (1) 

5 and (2) of subsection (a), shall operate a work prep6 aration program for eligible participants that meets 

7 the requirements of this subsection and shall achieve 

8 the minimum work preparation participation rate 

9 specified in the following table for each quarter of 

10 the fiscal year with respect to all eligible participants 

11 receiving assistance under the State program funded 

12 under this part or any other State program funded 

13 with qualified State expenditures (as defined in sec14 tion 409(a)(7)(B)(i)) who are not engaged in em15 ployment in any month during the fiscal year: 

‘‘If the fiscal year is: 

The minimum work 

preparation rate 

for the quarter is: 

2019 ..................................................................................... 25 percent

2020 ..................................................................................... 50 percent

2021 or thereafter ............................................................... 75 percent. 

16 ‘‘(2) ELIGIBLE PARTICIPANT DEFINED.—In this 

17 subsection, the term ‘eligible participant’ means, 

18 with respect to a month, an individual who— 

19 ‘‘(A) is a parent of a family in which a 

20 parent or child receives assistance under the 

21 State program funded under this part or any 


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•S 1290 IS

1 other State program funded with qualified 

2 State expenditures (as defined in section 

3 409(a)(7)(B)(i)) in the month; and 

4 ‘‘(B) is employed less than 40 hours in the 

5 month. 

6 ‘‘(3) SPECIAL RULES FOR MARRIED COUPLES

7 WITH CHILDREN.—In the case of a married 2-parent 

8 family— 

9 ‘‘(A) the parents shall only be considered 

10 to be eligible participants for a month for pur11 poses of this subsection if the sum of the com12 bined hours of employment for the month for 

13 both spouses is less than 40 hours; 

14 ‘‘(B) if the parents are eligible participants 

15 for a month for purposes of this subsection, 

16 only one of the parents shall be required to par17 ticipate in the work preparation program under 

18 this subsection in a month; and 

19 ‘‘(C) the sum of the hours required of the 

20 parents for purposes of meeting the monthly 

21 minimum participation rate required for pur22 poses of subsection (a) and meeting the month23 ly work preparation rate required under this 

24 subsection shall not be greater than the hours 


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•S 1290 IS

1 required for a single head of household for pur2 poses of meeting such rates. 

3 ‘‘(4) WORK PREPARATION REQUIREMENTS.—In 

4 order to be considered to be engaging in work prepa5 ration for month, an eligible participant shall engage 

6 in one or more work preparation activities (as de7 fined in paragraph (5)) for at least an average of 30 

8 hours per week during the month. 

9 ‘‘(5) WORK PREPARATION ACTIVITIES DE10 FINED.—In this subsection, the term ‘work prepara11 tion activity’ means the following: 

12 ‘‘(A) Work experience (including work as13 sociated with the refurbishing of publicly as14 sisted housing) if sufficient private sector em15 ployment is not available. 

16 ‘‘(B) On-the-job training. 

17 ‘‘(C) Job readiness assistance. 

18 ‘‘(D) Community service programs (not to 

19 exceed the maximum number of hours deter20 mined under paragraph (9)). 

21 ‘‘(E) Workfare programs (not to exceed 

22 the maximum number of hours determined 

23 under paragraph (9)). 


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1 ‘‘(F) Vocational educational training (not 

2 to exceed 12 months with respect to any indi3 vidual). 

4 ‘‘(G) Job skills training directly related to 

5 employment. 

6 ‘‘(H) Education directly related to employ7 ment, in the case of an eligible participant who 

8 has not received a high school diploma or a cer9 tificate of high school equivalency. 

10 ‘‘(I) Satisfactory attendance at secondary 

11 school or in a course of study leading to a cer12 tificate of general equivalence, in the case of an 

13 eligible participant who has not completed sec14 ondary school or received such a certificate. 

15 ‘‘(J) The provision of child care services to 

16 an individual who is participating in a commu17 nity service program. 

18 ‘‘(K) Supervised job search (as defined in 

19 paragraph (7)). 

20 ‘‘(6) PRIORITY FOR COMMUNITY SERVICE.—At 

21 least 20 percent of the eligible participants who are 

22 required to participate in work preparation for a 

23 month shall participate in a community service pro24 gram or a workfare program. 


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1 ‘‘(7) SUPERVISED JOB SEARCH DEFINED.—In 

2 this subsection, the term ‘supervised job search’ 

3 means a job search program that has the following 

4 characteristics: 

5 ‘‘(A) The job search occurs at an official 

6 location where the presence and activity of the 

7 eligible participant can be directly observed, su8 pervised, and monitored. 

9 ‘‘(B) The eligible participant’s entry, time 

10 onsite, and exit from the official job search lo11 cation are recorded in a manner that prevents 

12 fraud. 

13 ‘‘(C) The eligible participant is expected to 

14 remain and undertake job search activities at 

15 the job search center. 

16 ‘‘(D) The quantity of time the eligible par17 ticipant is observed and monitored engaging in 

18 job search at the official location is recorded for 

19 purposes of compliance with the work and work 

20 activation requirements of sections 6(o) and 30 

21 of the Food and Nutrition Act of 2008. 

22 ‘‘(8) PENALTIES AGAINST NONPERFORMING IN23 DIVIDUALS.— 

24 ‘‘(A) IN GENERAL.—If an eligible partici25 pant fails to fully perform the work preparation 


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•S 1290 IS

1 activities required in accordance with this sub2 section, the State shall— 

3 ‘‘(i) reduce the amount of assistance 

4 otherwise payable to the entire family of 

5 the eligible participant pro rata (or more, 

6 at the option of the State) with respect to 

7 the month immediately after any month in 

8 which the eligible participant so fails to 

9 perform; or 

10 ‘‘(ii) terminate such assistance. 

11 ‘‘(B) PRO RATA REDUCTION.—For pur12 poses of subparagraph (A)(i), the amount of a 

13 pro rata reduction in assistance shall be deter14 mined by multiplying the amount of monthly 

15 assistance that would, in the absence of the ap16 plication of this paragraph be paid to the entire 

17 family, by the ratio of— 

18 ‘‘(i) the hours of required work and 

19 work preparation activities performed by 

20 the eligible participant during the month; 

21 over 

22 ‘‘(ii) the number or hours of work and 

23 work preparation the State required the el24 igible participant to perform in accordance 

25 with the requirements of this section. 


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1 ‘‘(9) LIMITATION ON COUNTABLE HOURS OF

2 PARTICIPATION IN COMMUNITY SERVICE OR

3 WORKFARE.— 

4 ‘‘(A) IN GENERAL.—The maximum num5 ber of hours that an eligible participant may be 

6 counted as engaging in a community service 

7 program or a workfare program in a month for 

8 purposes of meeting the minimum work prepa9 ration rates for the month under this subsection 

10 shall not exceed the total dollar cost of all 

11 means-tested benefits received by the eligible 

12 participant’s family for the month divided by 

13 the Federal minimum wage. 

14 ‘‘(B) TOTAL DOLLAR COST OF ALL MEANS15 TESTED BENEFITS DEFINED.— 

16 ‘‘(i) IN GENERAL.—In this subsection, 

17 the term ‘total dollar cost of all means18 tested benefits’ means the sum of the dol19 lar cost of all benefits received by a family 

20 under— 

21 ‘‘(I) the supplemental nutrition 

22 assistance program established under 

23 the Food and Nutrition Act of 2008 

24 (7 U.S.C. 2011 et seq.); 


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1 ‘‘(II) the State program funded 

2 under this part or any other State 

3 program funded with qualified State 

4 expenditures (as defined in section 

5 409(a)(7)(B)(i)); and 

6 ‘‘(III) any assistance provided to 

7 a household, landlord, or public hous8 ing agency (as defined in section 

9 3(b)(6) of the United States Housing 

10 Act of 1937 (42 U.S.C. 1437a(b)(6))) 

11 to subsidize the rental payment for a 

12 dwelling unit, including assistance 

13 provided for public housing dwelling 

14 units under section 3 of the United 

15 States Housing Act of 1937 (42 

16 U.S.C. 1437a) and assistance pro17 vided under section 8 of that Act (42 

18 U.S.C. 1437f). 

19 ‘‘(ii) VALUE OF BENEFITS DURING

20 SANCTION.—For purposes of clause (i), if 

21 the dollar value of one or more benefits re22 ceived by a household in a month has been 

23 reduced under paragraph (8) or another 

24 sanction requirement, the calculated dollar 

25 value of the sanctioned benefits shall equal 


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•S 1290 IS

1 the dollar value of the benefit that would 

2 have been received if the benefit had not 

3 been reduced by the sanction. 

4 ‘‘(C) ADDITIONAL ACTIVITIES.—Nothing 

5 in this paragraph shall prevent a State from re6 quiring an eligible participant to engage in ac7 tivities not described in subparagraph (A) for 

8 additional hours during a month. 

9 ‘‘(10) CALCULATION OF WORK PREPARATION

10 PARTICIPATION RATES.— 

11 ‘‘(A) DEFINITION OF SANCTIONED RECIPI12 ENT.—In this subsection, the term ‘sanctioned 

13 recipient’ means any eligible participant who— 

14 ‘‘(i) was required to participate in 

15 work preparation in a month; 

16 ‘‘(ii) failed to perform the assigned 

17 work and work preparation activities so as 

18 to meet the relevant hourly requirements; 

19 and 

20 ‘‘(iii) was sanctioned by a reduced as21 sistance payment in the subsequent month 

22 under paragraph (8). 

23 ‘‘(B) REQUIREMENTS.—The work prepara24 tion participation rate for a State for any quar25 ter of a fiscal year shall equal the average of 


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•S 1290 IS

1 the monthly participation rates for the State 

2 during the 3 months of that quarter. 

3 ‘‘(C) MONTHLY PARTICIPATION RATE.— 

4 For purposes of subparagraph (B), the monthly 

5 participation rate shall equal the ratio of all 

6 countable participants to all eligible participants 

7 in the month, as determined under subpara8 graph (D). 

9 ‘‘(D) RATIO OF ALL COUNTABLE PARTICI10 PANTS TO ALL ELIGIBLE PARTICIPANTS.—Sub11 ject to subparagraph (E), the ratio of all count12 able participants to all eligible participants in a 

13 month equals the proportion that— 

14 ‘‘(i) the sum obtained by adding— 

15 ‘‘(I) all eligible participants 

16 who— 

17 ‘‘(aa) were required by the 

18 State to engage in work prepara19 tion during the month; and 

20 ‘‘(bb) fulfilled the criteria 

21 for successful engagement in 

22 work preparation during the 

23 month; and 

24 ‘‘(II) all sanctioned recipients for 

25 that month; bears to 


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•S 1290 IS

1 ‘‘(ii) the average number of eligible 

2 participants in the State in that month. 

3 ‘‘(E) MULTIPLE ELIGIBLE PARTICI4 PANTS.—A married couple household consisting 

5 of more than 1 eligible participant shall be 

6 counted as a single eligible participant for pur7 poses of calculating the participation rate under 

8 this paragraph. 

9 ‘‘(11) PENALTIES FOR INADEQUATE STATE

10 PERFORMANCE.— 

11 ‘‘(A) IN GENERAL.—Beginning in the first 

12 quarter of fiscal year 2019 and for each subse13 quent quarter of fiscal year 2019 and of each 

14 subsequent fiscal year, each State shall count 

15 the monthly average number of countable par16 ticipants under this subsection. 

17 ‘‘(B) REDUCTION IN FUNDING.—If the 

18 monthly average number of countable partici19 pants in a State is not sufficient to meet the 

20 work preparation participation rate required 

21 under paragraph (1) during that quarter, the 

22 grant payable to the State under section 

23 403(a)(1) shall be reduced for the fiscal quarter 

24 that begins 180 days after the first day of the 


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•S 1290 IS

1 quarter in which the inadequate performance 

2 occurred in accordance with subparagraph (C). 

3 ‘‘(C) FUNDING IN PENALIZED QUARTER.— 

4 The total amount of funding a State shall re5 ceive for a quarter for which funding is reduced 

6 under subparagraph (B) shall equal the product 

7 obtained by multiplying— 

8 ‘‘(i) the total amount of funding that 

9 the State would have received in the pre10 ceding quarter for the grant payable to the 

11 State under section 403(a)(1) if no reduc12 tion had been in place; by 

13 ‘‘(ii) the ratio of all countable partici14 pants to all eligible participants (as deter15 mined under paragraph (10)(D)) for the 

16 quarter that began 180 days before the 

17 first day of the quarter for which funding 

18 is reduced.’’. 

19 SEC. 302. CHANGES TO MANDATORY WORK REQUIRE20 MENTS. 

21 (a) ELIMINATION OF SEPARATE PARTICIPATION

22 RATE REQUIREMENTS FOR 2-PARENT FAMILIES.— 

23 (1) IN GENERAL.—Section 407 of the Social 

24 Security Act (42 U.S.C. 607) is amended— 

25 (A) in subsection (a)— 


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•S 1290 IS

1 (i) by striking all through ‘‘A State’’ 

2 the first place it appears and inserting the 

3 following: 

4 ‘‘(a) PARTICIPATION RATE REQUIREMENTS.—A 

5 State’’; and 

6 (ii) by striking paragraph (2); 

7 (B) in subsection (b)— 

8 (i) in the subsection heading, by strik9 ing ‘‘RATES’’ and inserting ‘‘RATE’’; 

10 (ii) in paragraph (1)(A), by striking 

11 ‘‘(a)(1)’’ and inserting ‘‘(a)’’; 

12 (iii) by striking paragraph (2) and re13 designating paragraphs (3), (4), and (5) as 

14 paragraphs (2), (3), and (4), respectively; 

15 (iv) in paragraph (3) (as so redesig16 nated), by striking ‘‘paragraphs (1)(B) and 

17 (2)(B)’’ and inserting ‘‘paragraph (1)(B)’’; 

18 and 

19 (v) in paragraph (4) (as so redesig20 nated), by striking ‘‘rates’’ and inserting 

21 ‘‘rate’’; and 

22 (C) in subsection (c)— 

23 (i) in paragraph (1)— 


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1 (I) by striking all through ‘‘For 

2 purposes of subsection (b)(1)(B)(i)’’ 

3 and inserting the following: 

4 ‘‘(1) GENERAL RULES.—For purposes of sub5 section (b)(1)(B)(i)’’; and 

6 (II) by striking subparagraph 

7 (B); and 

8 (ii) in paragraph (2)(D)— 

9 (I) by striking ‘‘paragraphs 

10 (1)(B)(i) and (2)(B) of subsection 

11 (b)’’ and inserting ‘‘subsection 

12 (b)(1)(B)(i)’’; and 

13 (II) by striking ‘‘in all families 

14 and in 2-parent families, respec15 tively,’’. 

16 (2) CONFORMING AMENDMENT.—The para17 graph heading for section 409(a)(3) of such Act (42 

18 U.S.C. 609(a)(3)) is amended by striking ‘‘RATES’’ 

19 and inserting ‘‘RATE’’. 

20 (b) APPLICATION OF STATE OPTION FOR PARTICIPA21 TION REQUIREMENT EXEMPTION TO ALL FAMILIES.— 

22 Section 407(b)(4) of the Social Security Act (42 U.S.C. 

23 607(b)(4)), as redesignated and amended by subsection 

24 (a)(1)(B), is amended— 


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1 (1) by striking ‘‘an individual who is a single 

2 custodial parent caring for’’ and inserting ‘‘a family 

3 that includes’’; and 

4 (2) by striking ‘‘such an individual’’ and insert5 ing ‘‘such a family’’. 

6 (c) APPLICATION OF CHILD UNDER 6 WORK PAR7 TICIPATION RULE TO ALL FAMILIES.—Section 

8 407(c)(2)(B) of the Social Security Act (42 U.S.C. 

9 607(c)(2)(B)) is amended to read as follows: 

10 ‘‘(B) FAMILY WITH CHILD UNDER AGE 6

11 DEEMED TO BE MEETING WORK PARTICIPATION

12 REQUIREMENTS IF ANY PARENT IS ENGAGED IN

13 WORK FOR 20 HOURS PER WEEK.—For pur14 poses of determining monthly participation 

15 rates under subsection (b)(1)(B)(i), a family 

16 that includes a child who has not attained 6 

17 years of age is deemed to be engaged in work 

18 for a month if any parent is engaged in work 

19 for an average of at least 20 hours per week 

20 during the month.’’. 

21 (d) EFFECTIVE DATE.—The amendments made by 

22 this section take effect on October 1, 2018. 


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1 TITLE IV—MODIFICATION TO 

2 MEANS-TESTED HOUSING 

3 PROGRAMS 

4 SEC. 401. DEFINITIONS. 

5 In this title: 

6 (1) COVERED STATE HOUSING PROGRAM.—The 

7 term ‘‘covered State housing program’’ means a 

8 housing program carried out by a State using grant 

9 funds awarded under section 404. 

10 (2) MEANS-TESTED HOUSING PROGRAM.—The 

11 term ‘‘means-tested housing program’’ means each 

12 of the following Federal programs: 

13 (A) The project-based and tenant-based 

14 rental assistance programs under section 8 of 

15 the United States Housing Act of 1937 (42 

16 U.S.C. 1437f). 

17 (B) Public housing assistance under the 

18 United States Housing Act of 1937 (42 U.S.C. 

19 1437 et seq.). 

20 (C) The HOME Investment Partnerships 

21 Program under title II of the Cranston-Gon22 zalez National Affordable Housing Act (42 

23 U.S.C. 12721 et seq.). 


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1 (D) Homeless Assistance Grants under 

2 title IV of the McKinney-Vento Homeless As3 sistance Act (42 U.S.C. 11360 et seq.). 

4 (E) Assistance from the Rural Housing In5 surance Fund under section 517 of the Housing 

6 Act of 1949 (42 U.S.C. 1487). 

7 (F) Assistance from the Rural Housing 

8 Service (other than assistance described in sub9 paragraph (E)). 

10 (G) The supportive housing for the elderly 

11 program under section 202 of the Housing Act 

12 of 1959 (12 U.S.C. 1701q). 

13 (H) Native American Housing Block 

14 Grants under title I of the Native American 

15 Housing Assistance and Self-Determination Act 

16 of 1996 (25 U.S.C. 4111 et seq.). 

17 (I) The rental assistance programs 

18 under— 

19 (i) section 101 of the Housing and 

20 Urban Development Act of 1965 (12 

21 U.S.C. 1701s); and 

22 (ii) section 236(f)(2) of the National 

23 Housing Act (12 U.S.C. 1715z–1(f)(2)). 

24 (J) The supportive housing for persons 

25 with disabilities program under section 


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1 811(d)(2) of the Cranston-Gonzalez National 

2 Affordable Housing Act (42 U.S.C. 

3 8013(d)(2)). 

4 (3) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Housing and Urban Development. 

6 (4) STATE.—The term ‘‘State’’ means a State, 

7 the Commonwealth of Puerto Rico, the District of 

8 Columbia, Guam, American Samoa, the United 

9 States Virgin Islands, and the Commonwealth of the 

10 Northern Mariana Islands. 

11 (5) STATE RECIPIENT.—The term ‘‘State re12 cipient’’ means a State that receives a grant under 

13 this title. 

14 SEC. 402. REPEAL OF MEANS-TESTED HOUSING PROGRAMS. 

15 Effective October 1, 2019, no Federal funds shall be 

16 made available to carry out any means-tested housing pro17 gram and no Federal officer or employee shall take any 

18 action to carry out such a program. 

19 SEC. 403. AUTHORIZATION OF APPROPRIATIONS. 

20 With respect to the total amount authorized to be ap21 propriated for means-tested housing programs for fiscal 

22 year 2017, there is authorized to be appropriated to carry 

23 out section 404, an amount equal to— 

24 (1) such amount for each of fiscal years 2019 

25 through 2024; 


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1 (2) 90 percent of such amount for fiscal year 

2 2025; 

3 (3) 80 percent of such amount for fiscal year 

4 2026; 

5 (4) 70 percent of such amount for fiscal year 

6 2027; 

7 (5) 60 percent of such amount for fiscal year 

8 2028; and 

9 (6) 50 percent of such amount for fiscal year 

10 2029. 

11 SEC. 404. GRANTS TO STATES. 

12 (a) IN GENERAL.—Beginning with fiscal year 2019, 

13 and for each fiscal year thereafter, the Secretary shall 

14 award grants to eligible States— 

15 (1) using amounts authorized to be appro16 priated under section 403; and 

17 (2) in accordance with this section. 

18 (b) ALLOTMENTS.—From the amount appropriated 

19 to carry out this section for a fiscal year, the Secretary 

20 shall allot to each eligible State an amount that bears the 

21 same relationship to such appropriated amount as the 

22 amount that the State received for means-tested housing 

23 programs for the most recent fiscal year for which satis24 factory data is available bears to the total amount approVerDate Sep 11 2014 04:31 Jun 09, 2017 Jkt 069000 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S1290.IS S1290

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1 priated for means-tested housing programs for that fiscal 

2 year. 

3 (c) APPLICATION.—To be eligible to receive a grant 

4 under this section, a State shall submit an application to 

5 the Secretary that includes the amount the State received 

6 for the previous year’s means-tested housing programs. 

7 (d) USE OF FUNDS.—A State that receives a grant 

8 under this section may only use the amounts of the 

9 grant— 

10 (1) to fund housing programs in the State; 

11 (2) to administer the programs described in 

12 paragraph (1); and 

13 (3) to provide direct technical assistance, over14 sight, monitoring, research, and training with re15 spect to the programs described in paragraph (1). 

16 (e) MATCHING FUNDS.—A State that receives a 

17 grant under this section shall provide, toward the cost of 

18 the programs assisted under the grant, from non-Federal 

19 sources, an amount equal to 20 percent of the amount of 

20 the grant. 

21 (f) FLEXIBILITY.—Notwithstanding any other provi22 sion of Federal law (other than this section), a State that 

23 receives a grant under this section— 


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1 (1) shall have full flexibility to use the amounts 

2 of the grant to finance a housing provider, service, 

3 or program; and 

4 (2) in particular, to the extent permitted under 

5 State law, may use the amounts of the grant to es6 tablish a portable voucher system that allows a par7 ent of a low-income child to use a portion of the 

8 grant funds, other available public funds, or private 

9 funds to pay some or all of the costs of attendance 

10 at a private prekindergarten education program. 

11 SEC. 405. STATE RECIPIENT REPORTS. 

12 (a) SELF-ASSESSMENTS.—A State that receives a 

13 grant under section 404 annually shall conduct a com14 prehensive self-assessment of the effectiveness and 

15 progress of the covered State housing programs of the 

16 State during the most recent fiscal year in meeting pro17 gram goals established by the State. 

18 (b) REPORTS.— 

19 (1) IN GENERAL.—A State that receives a 

20 grant under section 404 shall develop and make 

21 available to the public— 

22 (A) an online and searchable report con23 taining the self-assessment conducted under 

24 subsection (a); and 


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1 (B) an improvement plan to strengthen 

2 any areas identified in the self-assessment as 

3 weaknesses or in need of improvement. 

4 (2) PERSONAL INFORMATION.—A State may 

5 not reveal, in a report developed under paragraph 

6 (1), any personally identifiable information about 

7 any participant in a covered State housing program 

8 of the State. 

9 (3) CONTENTS.—A State shall include in each 

10 report developed under paragraph (1)— 

11 (A) the total amount of public and private 

12 funds received by the State for covered State 

13 housing programs and the amount received 

14 from each source during the most recent fiscal 

15 year; 

16 (B) an explanation of budgetary expendi17 tures for covered State housing programs dur18 ing the most recent fiscal year and a proposed 

19 budget for those programs for the subsequent 

20 fiscal year; and 

21 (C) the total number of low-income partici22 pants served by covered State housing pro23 grams and the average monthly enrollment in 

24 those programs during the most recent fiscal 

25 year. 


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1 SEC. 406. RESEARCH. 

2 (a) STUDY.— 

3 (1) IN GENERAL.—The Comptroller General of 

4 the United States shall conduct a study of the dif5 ferent approaches and best practices used by States 

6 in carrying out this title. 

7 (2) SCOPE.—The material studied under para8 graph (1) shall be limited to the information pro9 vided by States in the reports made available under 

10 section 405(b). 

11 (b) REPORT.—Not later than October 1 of the fourth 

12 fiscal year beginning after the date of enactment of this 

13 Act, the Comptroller General shall submit a report con14 taining the results of the study conducted under sub15 section (a) to— 

16 (1) the Committee on Banking, Housing, and 

17 Urban Affairs of the Senate; 

18 (2) the Committee on the Budget of the Senate; 

19 (3) the Committee on Financial Services of the 

20 House of Representatives; and 

21 (4) the Committee on the Budget of the House 

22 of Representatives. 

23 SEC. 407. RULE OF CONSTRUCTION. 

24 Nothing in this title shall be construed to authorize 

25 the Secretary or any employee or contractor of the Depart26 ment of Housing and Urban Development to mandate, diVerDate Sep 11 2014 04:31 Jun 09, 2017 Jkt 069000 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S1290.IS S1290

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1 rect, or control the selection of a covered State housing 

2 program by a State. 

3 TITLE V—PROHIBITION ON 

4 FUNDING OF ABORTION 

5 SEC. 501. PROHIBITION ON FUNDING FOR ABORTIONS. 

6 No funds authorized or appropriated by Federal law, 

7 and none of the funds in any trust fund to which funds 

8 are authorized or appropriated by Federal law, shall be 

9 expended for any abortion. 

10 SEC. 502. PROHIBITION ON FUNDING FOR HEALTH BENE11 FITS PLANS THAT COVER ABORTION. 

12 None of the funds authorized or appropriated by Fed13 eral law, and none of the funds in any trust fund to which 

14 funds are authorized or appropriated by Federal law, shall 

15 be expended for health benefits coverage that includes cov16 erage of abortion. 

17 SEC. 503. PROHIBITION ON TAX BENEFITS RELATING TO 

18 ABORTION. 

19 For taxable years beginning after the date of the en20 actment of this section, no credit shall be allowed under 

21 the internal revenue laws with respect to amounts paid 

22 or incurred for an abortion or with respect to amounts 

23 paid or incurred for a health benefits plan (including pre24 mium assistance) that includes coverage of abortion. 


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1 SEC. 504. CONSTRUCTION RELATING TO SEPARATE COV2 ERAGE. 

3 Nothing in this title shall be construed as prohibiting 

4 any individual, entity, or State or locality from purchasing 

5 separate abortion coverage or health benefits coverage 

6 that includes abortion so long as such coverage is paid 

7 for entirely using only funds not authorized or appro8 priated by Federal law and such coverage shall not be pur9 chased using matching funds required for a federally sub10 sidized program, including a State’s or locality’s contribu11 tion of Medicaid matching funds. 

12 SEC. 505. CONSTRUCTION RELATING TO THE USE OF NON13 FEDERAL FUNDS FOR HEALTH COVERAGE. 

14 Nothing in this title shall be construed as restricting 

15 the ability of any non-Federal health benefits coverage 

16 provider from offering abortion coverage, or the ability of 

17 a State or locality to contract separately with such a pro18 vider for such coverage, so long as only funds not author19 ized or appropriated by Federal law are used and such 

20 coverage shall not be purchased using matching funds re21 quired for a federally subsidized program, including a 

22 State’s or locality’s contribution of Medicaid matching 

23 funds. 


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1 SEC. 506. TREATMENT OF ABORTIONS RELATED TO RAPE, 

2 INCEST, OR PRESERVING THE LIFE OF THE 

3 MOTHER. 

4 The limitations established in this title shall not apply 

5 to an abortion— 

6 (1) if the pregnancy is the result of an act of 

7 rape or incest; or 

8 (2) in the case where a woman suffers from a 

9 physical disorder, physical injury, or physical illness 

10 that would, as certified by a physician, place the 

11 woman in danger of death unless an abortion is per12 formed, including a life-endangering physical condi13 tion caused by or arising from the pregnancy itself. 

Æ 


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