[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5489 Introduced in House (IH)]

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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.

    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 ``Hope Opportunity and Prosperity for 
Everyone Act'' or the ``Hope Act''.

                     TITLE I--TANF PROGRAM REFORMS

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

    (a) In General.--Section 408(a)(7) of the Social Security Act (42 
U.S.C. 608(a)(7)) is amended--
            (1) in the paragraph heading, by striking ``5'' and 
        inserting ``3'';
            (2) in subparagraph (A), by striking ``60'' and inserting 
        ``36''; and
            (3) by striking subparagraph (C) and inserting the 
        following:
                    ``(C) Authority to provide assistance for 1 
                additional year in certain hardship cases.--The State 
                may provide assistance to an individual who is a member 
                of a family to whom the provision of assistance under 
                the State program funded under this part is prohibited 
                by subparagraph (A), for not more than 12 months after 
                the last month for which the family would otherwise be 
                eligible for the assistance, if the Secretary 
                determines that the individual--
                            ``(i) is the primary caretaker of a 
                        disabled family member;
                            ``(ii) has a disability which precludes 
                        long-term employment or requires substantial 
                        rehabilitation; or
                            ``(iii) is experiencing a hardship.''.

SEC. 102. STATES REQUIRED TO EXEMPT PARENTS WITH CERTAIN CHILDREN FROM 
              WORK REQUIREMENTS.

    (a) Requirement.--Section 407(b)(5) of the Social Security Act (42 
U.S.C. 607(b)(5)) is amended to read as follows:
            ``(5) Exemption from work requirement for parents of 
        certain children.--A State shall not require a parent of a 
        child to participate in a work activity under the State program 
        funded under this part if--
                    ``(A) the child has not attained 3 months of age; 
                or
                    ``(B) the child--
                            ``(i) was born before the end of the 28th 
                        week of gestation; and
                            ``(ii) is a child with a disability (within 
                        the meaning of section 602 of the Individuals 
                        With Disabilities Education Act).''.
    (b) Penalty.--Section 409(a) of such Act (42 U.S.C. 609(a)) is 
amended by adding at the end the following:
            ``(17) Failure to exempt parents with certain children from 
        work requirements.--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 section 407(b)(5) for the fiscal year, 
        the Secretary may reduce the grant payable to the State under 
        section 403(a)(1) for the immediately succeeding fiscal year by 
        such amount as the Secretary finds is necessary to induce the 
        State to so comply.''.

SEC. 103. ADDITIONAL PROGRAM PURPOSE.

    Section 401(a) of the Social Security Act (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) prevent and reduce dependency by encouraging high 
        school graduation, postsecondary education and training and 
        career development through research-based programming that 
        includes year-round mentoring and 12-month student follow up 
        after high school.''.

SEC. 104. STATES REQUIRED TO CONDUCT 90-DAY REVIEW OF RECIPIENTS 
              REQUIRED TO BE IN A WORK ACTIVITY.

    (a) Requirement.--Section 408(a) of the Social Security Act (42 
U.S.C. 608(a)) is amended by adding at the end the following:
            ``(13) Requirement to conduct 90-day review of recipients 
        required to be in a work activity.--At the end of the 90-day 
        period that begins with the date a recipient of assistance 
        under a State program funded under this part is first required 
        to participate in an activity referred to in section 407(d)(4), 
        the State shall conduct a review of the participation and 
        determine whether the recipient is making progress in becoming 
        employable and complying with all requirements imposed on the 
        recipient under section 407.''.
    (b) Penalty.--Section 409(a) of such Act (42 U.S.C. 609(a)), as 
amended by section 102(b) of this Act, is amended by adding at the end 
the following:
            ``(18) Failure to conduct 90-day review of recipients 
        required to be in a work activity.--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 section 408(a)(13) for 
        the fiscal year, the Secretary may reduce the grant payable to 
        the State under section 403(a)(1) for the immediately 
        succeeding fiscal year by such amount as the Secretary finds is 
        necessary to induce the State to so comply.''.

SEC. 105. STATE REQUIREMENT AND PROHIBITION RELATING TO RECIPIENTS WITH 
              DISABILITIES.

    (a) Requirement; Prohibition.--Section 408(a) of the Social 
Security Act (42 U.S.C. 608(a)), as amended by section 104(a) of this 
Act, is amended by adding at the end the following:
            ``(14) Requirement and prohibition relating to recipients 
        with disabilities.--
                    ``(A) Requirement to require recipient claiming 
                disability to provide physician statement of limitation 
                on ability to work and expected duration of 
                limitation.--A State to which a grant is made under 
                section 403 for a fiscal year shall require a recipient 
                of assistance who claims a disability to provide the 
                State with a certification from a licensed physician of 
                the limitations on the ability of the recipient to 
                participate in work activities (as defined in section 
                407) and the expected duration of the limitations.
                    ``(B) Prohibition on requiring recipient with 
                disability to participate in work activity inconsistent 
                with the disability.--A State to which a grant is made 
                under section 403 for a fiscal year shall not require a 
                recipient of assistance under the State program funded 
                under this part with a disability (as defined in 
                section 3 of the Americans With Disabilities Act of 
                1990) to participate in a work activity if the 
                disability prevents the recipient from meaningful 
                participation in the activity.''.
    (b) Penalty.--Section 409(a) of such Act (42 U.S.C. 609(a)), as 
amended by sections 102(b) and 104(b) of this Act, is amended by adding 
at the end the following:
            ``(19) Failure to comply with requirement or prohibition 
        relating to recipients with disabilities.--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 section 
        408(a)(14) for the fiscal year, the Secretary may reduce the 
        grant payable to the State under section 403(a)(1) for the 
        immediately succeeding fiscal year by such amount as the 
        Secretary finds is necessary to induce the State to so 
        comply.''.

SEC. 106. STATES REQUIRED TO ESTABLISH PROGRESSIVE PERIODS OF 
              INELIGIBILITY FOR CASH ASSISTANCE FOR NONCOMPLIANCE WITH 
              REQUIREMENTS RELATING TO CHILD SUPPORT.

    Section 408(a)(2) of the Social Security Act (42 U.S.C. 608(a)(2)) 
is amended--
            (1) by striking ``State--'' and inserting ``State shall--
        ''; and
            (2) by striking subparagraphs (A) and (B) and inserting the 
        following:
                    ``(A) in the case of the first such failure to 
                cooperate, deny cash assistance to the individual for 3 
                months;
                    ``(B) in the case of the second such failure to 
                cooperate, deny cash assistance to the individual for 6 
                months;
                    ``(C) in the case of the third such failure to 
                cooperate, deny cash assistance to the individual for 
                12 months; or
                    ``(D) in the case of any such failure to cooperate 
                after the third such failure to cooperate, deny cash 
                assistance to the individual for 10 years.''.

SEC. 107. STATES REQUIRED TO ESTABLISH CRIMINAL PENALTIES FOR FRAUD 
              AGAINST THE PROGRAM, AND PROVIDE ASSISTANCE TO 
              REPRESENTATIVE PAYEE OF CHILD WHOSE PARENT IS CONVICTED 
              OF SUCH A FRAUD.

    (a) Requirements.--Section 408(a) of the Social Security Act (42 
U.S.C. 608(a)), as amended by sections 104(a) and 105(a) of this Act, 
is amended by adding at the end the following:
            ``(15) Requirements relating to fraud against the state 
        program.--
                    ``(A) Establishment of criminal penalties.--A State 
                to which a grant is made under section 403 for a fiscal 
                year shall establish at least the following criminal 
                penalties for fraud against the State program funded 
                under this part:
                            ``(i) If the amount involved is less than 
                        $50, 20 hours of work in community service, as 
                        directed by a State court.
                            ``(ii) If the amount involved is more than 
                        $50 but not more than $500, 40 hours of work in 
                        community service, as directed by a State 
                        court.
                            ``(iii) If the amount involved is more than 
                        $500 but not more than $1,500, 60 hours of work 
                        in community service, as directed by a State 
                        court.
                            ``(iv) If the amount involved is more than 
                        $1,500 but not more than $20,000, 100 hours of 
                        work in community service, as directed by a 
                        State court.
                            ``(v) If the amount involved is more than 
                        $20,000 but not more than $100,000, 
                        imprisonment for 5 or more years but less than 
                        10 years.
                            ``(vi) If the amount involved is more than 
                        $100,000, imprisonment for 10 years or more but 
                        less than 25 years.
                    ``(B) Provision of assistance to representative 
                payee of child whose parent is convicted of fraud.--A 
                State to which a grant is made under section 403 for a 
                fiscal year shall provide the assistance that would 
                otherwise be provided to a family that includes a 
                parent who has been convicted of committing a fraud 
                against the State program funded under this part, to a 
                representative payee who shall be designated by the 
                Secretary in accordance with procedures similar to 
                those prescribed by and under section 1631(a)(2) for 
                the designation of representative payees, and who shall 
                use the assistance for the benefit of the family. The 
                provisions of section 1631(a)(2) pertaining to misuse 
                of benefits shall apply with respect to misuse of the 
                assistance, except that in such provisions `Secretary' 
                shall be substituted for `Commissioner of Social 
                Security'.
                    ``(C) Fraud defined.--In subparagraph (A), the term 
                `fraud' means knowingly making a false representation 
                to the State in applying for, or receiving, assistance 
                from the State program funded under this part, or in 
                providing information with respect to another person 
                who is applying for, or receiving the assistance.''.
    (b) Penalty.--Section 409(a) of such Act (42 U.S.C. 609(a)), as 
amended by sections 102(b), 104(b), and 105(b) of this Act, is amended 
by adding at the end the following:
            ``(20) Requirements relating to fraud against the state 
        program.--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 section 408(a)(15) for the fiscal year, the 
        Secretary may reduce the grant payable to the State under 
        section 403(a)(1) for the immediately succeeding fiscal year by 
        such amount as the Secretary finds is necessary to induce the 
        State to so comply.''.

SEC. 108. STATES REQUIRED TO COUNT INCOME OF COHABITING PERSONS IN 
              ASSISTANCE DETERMINATIONS.

    (a) Requirement.--Section 408(a) of the Social Security Act (42 
U.S.C. 608(a)), as amended by sections 104(a), 105(a), and 107(a) of 
this Act, is amended by adding at the end the following:
            ``(16) Requirement to count income of cohabiting persons in 
        assistance determinations.--In determining the eligibility of a 
        family for assistance, or the amount of assistance to be 
        provided to a family, under a State program funded under this 
        part, the State shall consider as available to the family the 
        income of all individuals who have been living with the family 
        for at least the preceding 2 years.''.
    (b) Penalty.--Section 409(a) of such Act (42 U.S.C. 609(a)), as 
amended by sections 102(b), 104(b), 105(b), and 107(b) of this Act, is 
amended by adding at the end the following:
            ``(21) Failure to count income of cohabiting persons in 
        assistance determinations.--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 section 408(a)(16) 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--''.

SEC. 109. REQUIREMENT THAT BENEFIT CARDS INCLUDE PHOTOGRAPH OF 
              RECIPIENT.

    (a) Requirement.--Section 408(a) of the Social Security Act (42 
U.S.C. 608(a)), as amended by sections 104(a), 105(a), 107(a), and 
108(a) of this Act, is amended by adding at the end the following:
            ``(17) Requirement that benefit cards include photograph of 
        recipient.--A State to which a grant is made under section 403 
        for a fiscal year that issues a document that may be used by a 
        recipient of assistance under the State program funded under 
        this part to access the assistance shall include a photograph 
        of the recipient on the face of the document.''.
    (b) Penalty.--Section 409(a) of such Act (42 U.S.C. 609(a)), as 
amended by sections 102(b), 104(b), 105(b), 107(b), and 108(b) of this 
Act, is amended by adding at the end the following:
            ``(22) Failure to include photograph of recipient on 
        benefit card.--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 section 408(a)(17) 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--''.

SEC. 110. ELECTRONIC VERIFICATION OF APPLICANT IDENTITY.

    (a) Requirement.--Section 408(a) of the Social Security Act (42 
U.S.C. 608(a)), as amended by sections 104(a), 105(a), 107(a), 108(a), 
and 109(a) of this Act, is amended by adding at the end the following:
            ``(18) Requirement to electronically verify applicant 
        identity.--A State to which a grant is made under section 403 
        for a fiscal year shall verify, by electronic means, the 
        identity of each individual who applies for assistance from the 
        State program funded under this part.''.
    (b) Penalty.--Section 409(a) of such Act (42 U.S.C. 609(a)), as 
amended by sections 102(b), 104(b), 106(b), 107(b), 108(b), and 109(b) 
of this Act, is amended by adding at the end the following:
            ``(23) Failure to electronically verify applicant 
        information.--
                    ``(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 section 
                408(a)(18) 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 10 percent of the State family 
                assistance grant.
                    ``(B) Penalty based on severity of failure.--The 
                Secretary shall impose reductions under subparagraph 
                (A) with respect to a fiscal year based on the degree 
                of noncompliance.''.

      TITLE II--SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM REFORMS

SEC. 201. REPEAL OF BROAD-BASE CATEGORICAL ELIGIBILITY.

    Section 5(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 
2014(a) is amended by striking the third sentence.

SEC. 202. MANDATORY COOPERATION WITH CHILD SUPPORT AGENCIES.

    Section 6(l)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 
2015(l)(1)) is amended by striking ``At the option of a State agency, 
subject'' and inserting ``Subject''.

SEC. 203. WORK REQUIREMENT.

    Section 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 
2015(o)) is amended--
            (1) in paragraph (4)(a)--
                    (A) by striking ``reside--'' and inserting ``reside 
                has an unemployment rate of over 10 percent.''; and
                    (B) by striking clauses (i) and (ii);
            (2) by striking paragraph (6); and
            (3) by redesignating paragraph (7) as paragraph (6).
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