I 

115TH CONGRESS 

2D SESSION H. R. 5489 

To institute reforms to the program of block grants to States for temporary 

assistance for needy families and the supplemental nutrition assistance 

program. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 12, 2018 

Mr. ESTES of Kansas introduced the following bill; which was referred to the 

Committee on Ways and Means, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To institute reforms to the program of block grants to States 

for temporary assistance for needy families and the supplemental nutrition assistance program. 

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 ‘‘Hope Opportunity and 

5 Prosperity for Everyone Act’’ or the ‘‘Hope Act’’. 


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1 TITLE I—TANF PROGRAM 

2 REFORMS 

3 SEC. 101. 36-MONTH LIFETIME LIMIT ON ASSISTANCE. 

4 (a) IN GENERAL.—Section 408(a)(7) of the Social 

5 Security Act (42 U.S.C. 608(a)(7)) is amended— 

6 (1) in the paragraph heading, by striking ‘‘5’’ 

7 and inserting ‘‘3’’; 

8 (2) in subparagraph (A), by striking ‘‘60’’ and 

9 inserting ‘‘36’’; and 

10 (3) by striking subparagraph (C) and inserting 

11 the following: 

12 ‘‘(C) AUTHORITY TO PROVIDE ASSISTANCE

13 FOR 1 ADDITIONAL YEAR IN CERTAIN HARD14 SHIP CASES.—The State may provide assistance 

15 to an individual who is a member of a family 

16 to whom the provision of assistance under the 

17 State program funded under this part is prohib18 ited by subparagraph (A), for not more than 12 

19 months after the last month for which the fam20 ily would otherwise be eligible for the assist21 ance, if the Secretary determines that the indi22 vidual— 

23 ‘‘(i) is the primary caretaker of a dis24 abled family member; 


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1 ‘‘(ii) has a disability which precludes 

2 long-term employment or requires substan3 tial rehabilitation; or 

4 ‘‘(iii) is experiencing a hardship.’’. 

5 SEC. 102. STATES REQUIRED TO EXEMPT PARENTS WITH 

6 CERTAIN CHILDREN FROM WORK REQUIRE7 MENTS. 

8 (a) REQUIREMENT.—Section 407(b)(5) of the Social 

9 Security Act (42 U.S.C. 607(b)(5)) is amended to read 

10 as follows: 

11 ‘‘(5) EXEMPTION FROM WORK REQUIREMENT

12 FOR PARENTS OF CERTAIN CHILDREN.—A State 

13 shall not require a parent of a child to participate 

14 in a work activity under the State program funded 

15 under this part if— 

16 ‘‘(A) the child has not attained 3 months 

17 of age; or 

18 ‘‘(B) the child— 

19 ‘‘(i) was born before the end of the 

20 28th week of gestation; and 

21 ‘‘(ii) is a child with a disability (with22 in the meaning of section 602 of the Indi23 viduals With Disabilities Education Act).’’. 


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1 (b) PENALTY.—Section 409(a) of such Act (42 

2 U.S.C. 609(a)) is amended by adding at the end the fol3 lowing: 

4 ‘‘(17) FAILURE TO EXEMPT PARENTS WITH

5 CERTAIN CHILDREN FROM WORK REQUIREMENTS.— 

6 If the Secretary determines that a State to which a 

7 grant is made under section 403 for a fiscal year 

8 has failed to comply with section 407(b)(5) for the 

9 fiscal year, the Secretary may reduce the grant pay10 able to the State under section 403(a)(1) for the im11 mediately succeeding fiscal year by such amount as 

12 the Secretary finds is necessary to induce the State 

13 to so comply.’’. 

14 SEC. 103. ADDITIONAL PROGRAM PURPOSE. 

15 Section 401(a) of the Social Security Act (42 U.S.C. 

16 601(a)) is amended— 

17 (1) by striking ‘‘and’’ at the end of paragraph 

18 (3); 

19 (2) by striking the period at the end of para20 graph (4) and inserting ‘‘; and’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(5) prevent and reduce dependency by encour23 aging high school graduation, postsecondary edu24 cation and training and career development through 

25 research-based programming that includes yearVerDate Sep 11 2014 23:05 Apr 18, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5489.IH H5489

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1 round mentoring and 12-month student follow up 

2 after high school.’’. 

3 SEC. 104. STATES REQUIRED TO CONDUCT 90-DAY REVIEW 

4 OF RECIPIENTS REQUIRED TO BE IN A WORK 

5 ACTIVITY. 

6 (a) REQUIREMENT.—Section 408(a) of the Social Se7 curity Act (42 U.S.C. 608(a)) is amended by adding at 

8 the end the following: 

9 ‘‘(13) REQUIREMENT TO CONDUCT 90-DAY RE10 VIEW OF RECIPIENTS REQUIRED TO BE IN A WORK

11 ACTIVITY.—At the end of the 90-day period that be12 gins with the date a recipient of assistance under a 

13 State program funded under this part is first re14 quired to participate in an activity referred to in sec15 tion 407(d)(4), the State shall conduct a review of 

16 the participation and determine whether the recipi17 ent is making progress in becoming employable and 

18 complying with all requirements imposed on the re19 cipient under section 407.’’. 

20 (b) PENALTY.—Section 409(a) of such Act (42 

21 U.S.C. 609(a)), as amended by section 102(b) of this Act, 

22 is amended by adding at the end the following: 

23 ‘‘(18) FAILURE TO CONDUCT 90-DAY REVIEW

24 OF RECIPIENTS REQUIRED TO BE IN A WORK ACTIV25 ITY.—If the Secretary determines that a State to 


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1 which a grant is made under section 403 for a fiscal 

2 year has failed to comply with section 408(a)(13) for 

3 the fiscal year, the Secretary may reduce the grant 

4 payable to the State under section 403(a)(1) for the 

5 immediately succeeding fiscal year by such amount 

6 as the Secretary finds is necessary to induce the 

7 State to so comply.’’. 

8 SEC. 105. STATE REQUIREMENT AND PROHIBITION RELAT9 ING TO RECIPIENTS WITH DISABILITIES. 

10 (a) REQUIREMENT; PROHIBITION.—Section 408(a) 

11 of the Social Security Act (42 U.S.C. 608(a)), as amended 

12 by section 104(a) of this Act, is amended by adding at 

13 the end the following: 

14 ‘‘(14) REQUIREMENT AND PROHIBITION RELAT15 ING TO RECIPIENTS WITH DISABILITIES.— 

16 ‘‘(A) REQUIREMENT TO REQUIRE RECIPI17 ENT CLAIMING DISABILITY TO PROVIDE PHYSI18 CIAN STATEMENT OF LIMITATION ON ABILITY

19 TO WORK AND EXPECTED DURATION OF LIMI20 TATION.—A State to which a grant is made 

21 under section 403 for a fiscal year shall require 

22 a recipient of assistance who claims a disability 

23 to provide the State with a certification from a 

24 licensed physician of the limitations on the abil25 ity of the recipient to participate in work activiVerDate Sep 11 2014 23:05 Apr 18, 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5489.IH H5489

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1 ties (as defined in section 407) and the ex2 pected duration of the limitations. 

3 ‘‘(B) PROHIBITION ON REQUIRING RECIPI4 ENT WITH DISABILITY TO PARTICIPATE IN

5 WORK ACTIVITY INCONSISTENT WITH THE DIS6 ABILITY.—A State to which a grant is made 

7 under section 403 for a fiscal year shall not re8 quire a recipient of assistance under the State 

9 program funded under this part with a dis10 ability (as defined in section 3 of the Americans 

11 With Disabilities Act of 1990) to participate in 

12 a work activity if the disability prevents the re13 cipient from meaningful participation in the ac14 tivity.’’. 

15 (b) PENALTY.—Section 409(a) of such Act (42 

16 U.S.C. 609(a)), as amended by sections 102(b) and 

17 104(b) of this Act, is amended by adding at the end the 

18 following: 

19 ‘‘(19) FAILURE TO COMPLY WITH REQUIRE20 MENT OR PROHIBITION RELATING TO RECIPIENTS

21 WITH DISABILITIES.—If the Secretary determines 

22 that a State to which a grant is made under section 

23 403 for a fiscal year has failed to comply with sec24 tion 408(a)(14) for the fiscal year, the Secretary 

25 may reduce the grant payable to the State under 


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1 section 403(a)(1) for the immediately succeeding fis2 cal year by such amount as the Secretary finds is 

3 necessary to induce the State to so comply.’’. 

4 SEC. 106. STATES REQUIRED TO ESTABLISH PROGRESSIVE 

5 PERIODS OF INELIGIBILITY FOR CASH AS6 SISTANCE FOR NONCOMPLIANCE WITH RE7 QUIREMENTS RELATING TO CHILD SUPPORT. 

8 Section 408(a)(2) of the Social Security Act (42 

9 U.S.C. 608(a)(2)) is amended— 

10 (1) by striking ‘‘State—’’ and inserting ‘‘State 

11 shall—’’; and 

12 (2) by striking subparagraphs (A) and (B) and 

13 inserting the following: 

14 ‘‘(A) in the case of the first such failure to 

15 cooperate, deny cash assistance to the indi16 vidual for 3 months; 

17 ‘‘(B) in the case of the second such failure 

18 to cooperate, deny cash assistance to the indi19 vidual for 6 months; 

20 ‘‘(C) in the case of the third such failure 

21 to cooperate, deny cash assistance to the indi22 vidual for 12 months; or 

23 ‘‘(D) in the case of any such failure to co24 operate after the third such failure to cooperVerDate Sep 11 2014 23:05 Apr 18, 2018 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5489.IH H5489

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1 ate, deny cash assistance to the individual for 

2 10 years.’’. 

3 SEC. 107. STATES REQUIRED TO ESTABLISH CRIMINAL PEN4 ALTIES FOR FRAUD AGAINST THE PROGRAM, 

5 AND PROVIDE ASSISTANCE TO REPRESENTA6 TIVE PAYEE OF CHILD WHOSE PARENT IS 

7 CONVICTED OF SUCH A FRAUD. 

8 (a) REQUIREMENTS.—Section 408(a) of the Social 

9 Security Act (42 U.S.C. 608(a)), as amended by sections 

10 104(a) and 105(a) of this Act, is amended by adding at 

11 the end the following: 

12 ‘‘(15) REQUIREMENTS RELATING TO FRAUD

13 AGAINST THE STATE PROGRAM.— 

14 ‘‘(A) ESTABLISHMENT OF CRIMINAL PEN15 ALTIES.—A State to which a grant is made 

16 under section 403 for a fiscal year shall estab17 lish at least the following criminal penalties for 

18 fraud against the State program funded under 

19 this part: 

20 ‘‘(i) If the amount involved is less 

21 than $50, 20 hours of work in community 

22 service, as directed by a State court. 

23 ‘‘(ii) If the amount involved is more 

24 than $50 but not more than $500, 40 


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1 hours of work in community service, as di2 rected by a State court. 

3 ‘‘(iii) If the amount involved is more 

4 than $500 but not more than $1,500, 60 

5 hours of work in community service, as di6 rected by a State court. 

7 ‘‘(iv) If the amount involved is more 

8 than $1,500 but not more than $20,000, 

9 100 hours of work in community service, 

10 as directed by a State court. 

11 ‘‘(v) If the amount involved is more 

12 than $20,000 but not more than $100,000, 

13 imprisonment for 5 or more years but less 

14 than 10 years. 

15 ‘‘(vi) If the amount involved is more 

16 than $100,000, imprisonment for 10 years 

17 or more but less than 25 years. 

18 ‘‘(B) PROVISION OF ASSISTANCE TO REP19 RESENTATIVE PAYEE OF CHILD WHOSE PARENT

20 IS CONVICTED OF FRAUD.—A State to which a 

21 grant is made under section 403 for a fiscal 

22 year shall provide the assistance that would 

23 otherwise be provided to a family that includes 

24 a parent who has been convicted of committing 

25 a fraud against the State program funded 


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1 under this part, to a representative payee who 

2 shall be designated by the Secretary in accord3 ance with procedures similar to those prescribed 

4 by and under section 1631(a)(2) for the des5 ignation of representative payees, and who shall 

6 use the assistance for the benefit of the family. 

7 The provisions of section 1631(a)(2) pertaining 

8 to misuse of benefits shall apply with respect to 

9 misuse of the assistance, except that in such 

10 provisions ‘Secretary’ shall be substituted for 

11 ‘Commissioner of Social Security’. 

12 ‘‘(C) FRAUD DEFINED.—In subparagraph 

13 (A), the term ‘fraud’ means knowingly making 

14 a false representation to the State in applying 

15 for, or receiving, assistance from the State pro16 gram funded under this part, or in providing in17 formation with respect to another person who is 

18 applying for, or receiving the assistance.’’. 

19 (b) PENALTY.—Section 409(a) of such Act (42 

20 U.S.C. 609(a)), as amended by sections 102(b), 104(b), 

21 and 105(b) of this Act, is amended by adding at the end 

22 the following: 

23 ‘‘(20) REQUIREMENTS RELATING TO FRAUD

24 AGAINST THE STATE PROGRAM.—If the Secretary 

25 determines that a State to which a grant is made 


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1 under section 403 for a fiscal year has failed to com2 ply with section 408(a)(15) for the fiscal year, the 

3 Secretary may reduce the grant payable to the State 

4 under section 403(a)(1) for the immediately suc5 ceeding fiscal year by such amount as the Secretary 

6 finds is necessary to induce the State to so comply.’’. 

7 SEC. 108. STATES REQUIRED TO COUNT INCOME OF COHAB8 ITING PERSONS IN ASSISTANCE DETERMINA9 TIONS. 

10 (a) REQUIREMENT.—Section 408(a) of the Social Se11 curity Act (42 U.S.C. 608(a)), as amended by sections 

12 104(a), 105(a), and 107(a) of this Act, is amended by 

13 adding at the end the following: 

14 ‘‘(16) REQUIREMENT TO COUNT INCOME OF CO15 HABITING PERSONS IN ASSISTANCE DETERMINA16 TIONS.—In determining the eligibility of a family for 

17 assistance, or the amount of assistance to be pro18 vided to a family, under a State program funded 

19 under this part, the State shall consider as available 

20 to the family the income of all individuals who have 

21 been living with the family for at least the preceding 

22 2 years.’’. 

23 (b) PENALTY.—Section 409(a) of such Act (42 

24 U.S.C. 609(a)), as amended by sections 102(b), 104(b), 


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1 105(b), and 107(b) of this Act, is amended by adding at 

2 the end the following: 

3 ‘‘(21) FAILURE TO COUNT INCOME OF COHAB4 ITING PERSONS IN ASSISTANCE DETERMINATIONS.— 

5 If the Secretary determines that a State to which a 

6 grant is made under section 403 for a fiscal year 

7 has failed to comply with section 408(a)(16) for the 

8 fiscal year, the Secretary shall reduce the grant pay9 able to the State under section 403(a)(1) for the im10 mediately succeeding fiscal year by an amount equal 

11 to—’’. 

12 SEC. 109. REQUIREMENT THAT BENEFIT CARDS INCLUDE 

13 PHOTOGRAPH OF RECIPIENT. 

14 (a) REQUIREMENT.—Section 408(a) of the Social Se15 curity Act (42 U.S.C. 608(a)), as amended by sections 

16 104(a), 105(a), 107(a), and 108(a) of this Act, is amend17 ed by adding at the end the following: 

18 ‘‘(17) REQUIREMENT THAT BENEFIT CARDS IN19 CLUDE PHOTOGRAPH OF RECIPIENT.—A State to 

20 which a grant is made under section 403 for a fiscal 

21 year that issues a document that may be used by a 

22 recipient of assistance under the State program 

23 funded under this part to access the assistance shall 

24 include a photograph of the recipient on the face of 

25 the document.’’. 


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1 (b) PENALTY.—Section 409(a) of such Act (42 

2 U.S.C. 609(a)), as amended by sections 102(b), 104(b), 

3 105(b), 107(b), and 108(b) of this Act, is amended by 

4 adding at the end the following: 

5 ‘‘(22) FAILURE TO INCLUDE PHOTOGRAPH OF

6 RECIPIENT ON BENEFIT CARD.—If the Secretary de7 termines that a State to which a grant is made 

8 under section 403 for a fiscal year has failed to com9 ply with section 408(a)(17) for the fiscal year, the 

10 Secretary shall reduce the grant payable to the State 

11 under section 403(a)(1) for the immediately suc12 ceeding fiscal year by an amount equal to—’’. 

13 SEC. 110. ELECTRONIC VERIFICATION OF APPLICANT IDEN14 TITY. 

15 (a) REQUIREMENT.—Section 408(a) of the Social Se16 curity Act (42 U.S.C. 608(a)), as amended by sections 

17 104(a), 105(a), 107(a), 108(a), and 109(a) of this Act, 

18 is amended by adding at the end the following: 

19 ‘‘(18) REQUIREMENT TO ELECTRONICALLY

20 VERIFY APPLICANT IDENTITY.—A State to which a 

21 grant is made under section 403 for a fiscal year 

22 shall verify, by electronic means, the identity of each 

23 individual who applies for assistance from the State 

24 program funded under this part.’’. 


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1 (b) PENALTY.—Section 409(a) of such Act (42 

2 U.S.C. 609(a)), as amended by sections 102(b), 104(b), 

3 106(b), 107(b), 108(b), and 109(b) of this Act, is amend4 ed by adding at the end the following: 

5 ‘‘(23) FAILURE TO ELECTRONICALLY VERIFY

6 APPLICANT INFORMATION.— 

7 ‘‘(A) IN GENERAL.—If the Secretary deter8 mines that a State to which a grant is made 

9 under section 403 for a fiscal year has failed to 

10 comply with section 408(a)(18) for the fiscal 

11 year, the Secretary shall reduce the grant pay12 able to the State under section 403(a)(1) for 

13 the immediately succeeding fiscal year by an 

14 amount equal to 10 percent of the State family 

15 assistance grant. 

16 ‘‘(B) PENALTY BASED ON SEVERITY OF

17 FAILURE.—The Secretary shall impose reduc18 tions under subparagraph (A) with respect to a 

19 fiscal year based on the degree of noncompli20 ance.’’. 


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1 TITLE II—SUPPLEMENTAL NU2 TRITION ASSISTANCE PRO3 GRAM REFORMS 

4 SEC. 201. REPEAL OF BROAD-BASE CATEGORICAL ELIGI5 BILITY. 

6 Section 5(a) of the Food and Nutrition Act of 2008 

7 (7 U.S.C. 2014(a) is amended by striking the third sen8 tence. 

9 SEC. 202. MANDATORY COOPERATION WITH CHILD SUP10 PORT AGENCIES. 

11 Section 6(l)(1) of the Food and Nutrition Act of 2008 

12 (7 U.S.C. 2015(l)(1)) is amended by striking ‘‘At the op13 tion of a State agency, subject’’ and inserting ‘‘Subject’’. 

14 SEC. 203. WORK REQUIREMENT. 

15 Section 6(o) of the Food and Nutrition Act of 2008 

16 (7 U.S.C. 2015(o)) is amended— 

17 (1) in paragraph (4)(a)— 

18 (A) by striking ‘‘reside—’’ and inserting 

19 ‘‘reside has an unemployment rate of over 10 

20 percent.’’; and 

21 (B) by striking clauses (i) and (ii); 

22 (2) by striking paragraph (6); and 

23 (3) by redesignating paragraph (7) as para24 graph (6). 

Æ 


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