Welfare Reform Act of 2011 - Welfare Reform Restoration Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to revise the TANF program by: (1) eliminating the temporary modification of the caseload reduction credit, and (2) reducing funding of state family assistance grants.
Amends the Food and Nutrition Act of 2008 to: (1) restore its former name, the Food Stamp Act of 1977, and restore its text as if the Food, Conservation, and Energy Act of 2008 had not been enacted; (2) rename supplemental nutrition assistance program benefits as the food stamp program; (3) revise work requirements for the food stamp program; and (4) require able-bodied work eligible adult members of a family unit to participate in a work activation program during a full month of participation in the food stamp program, fulfilling specified levels of work activity during that month. (Work activation means, not employment, but supervised job search, community service activities, education and job training, workfare, or drug and alcohol treatment.)
Specifies a financial reward for any state that reduces its food stamp caseload below calendar 2006 levels.
Requires the President to include means-tested welfare spending in every budget submission.
Amends the Congressional Budget and Impoundment Control Act of 1974 and the Congressional Budget Act of 1974 to define and establish an aggregate cap for means-tested welfare spending.
Directs the Secretary of Health and Human Services (HHS) to provide grants to states to reward reductions in poverty and government dependence and increases in self-sufficiency.
Prohibits the expenditure for abortions, with certain exceptions, of any funds authorized or appropriated by federal law, and funds in any trust fund to which funds are authorized or appropriated by federal law.
Prohibits funding for health benefits plans that cover abortion.
Prohibits the allowance of any tax credit with respect to amounts paid or incurred for an abortion or with respect to amounts paid or incurred for a health benefits plan (including premium assistance) that includes coverage of abortion.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1135 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1135
To provide information on total spending on means-tested welfare
programs, to provide additional work requirements, and to provide an
overall spending limit on means-tested welfare programs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 16, 2011
Mr. Jordan (for himself, Mr. Scott of South Carolina, Mr. Garrett, Mr.
Burton of Indiana, and Mr. Gohmert) introduced the following bill;
which was referred to the Committee on Ways and Means, and in addition
to the Committees on Agriculture, the Budget, Rules, and Energy and
Commerce, 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 provide information on total spending on means-tested welfare
programs, to provide additional work requirements, and to provide an
overall spending limit on means-tested welfare programs.
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 ``Welfare Reform Act of 2011''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--TANF REFORMS
Sec. 101. Short title.
Sec. 102. Elimination of temporary modification of the caseload
reduction credit.
Sec. 103. Reduction in funding of State family assistance grants.
TITLE II--WORK REQUIREMENTS FOR THE FOOD STAMP PROGRAM
Sec. 201. Restoration of Act short title and references to the food
stamp program.
Sec. 202. Amendments.
Sec. 203. Termination of benefit increase.
TITLE III--REPORTING OF MEANS-TESTED WELFARE SPENDING IN PRESIDENT'S
BUDGET SUBMISSION
Sec. 301. Additional information in President's budget submission.
TITLE IV--AGGREGATE CAP FOR MEANS-TESTED WELFARE SPENDING
Sec. 401. Definition of means-tested welfare spending.
Sec. 402. Reports to budget committees.
Sec. 403. Content of concurrent resolutions on the budget.
Sec. 404. Allocations of means-tested welfare spending.
Sec. 405. Reconciliation.
TITLE V--GRANTS TO PROMOTE SELF-SUFFICIENCY
Sec. 501. Grants to States.
TITLE VI--PROHIBITION ON FUNDING OF ABORTION
Sec. 601. Prohibition on funding for abortions.
Sec. 602. Prohibition on funding for health benefits plans that cover
abortion.
Sec. 603. Prohibition on tax benefits relating to abortion.
Sec. 604. Construction relating to separate coverage.
Sec. 605. Construction relating to the use of non-Federal funds for
health coverage.
Sec. 606. Treatment of abortions related to rape, incest, or preserving
the life of the mother.
TITLE I--TANF REFORMS
SEC. 101. SHORT TITLE.
This title may be cited as the ``Welfare Reform Restoration Act''.
SEC. 102. ELIMINATION OF TEMPORARY MODIFICATION OF THE CASELOAD
REDUCTION CREDIT.
(a) In General.--Section 407(b)(3)(A)(i) of the Social Security Act
(42 U.S.C. 607(b)(3)(A)(i)) is amended by striking ``(or if the
immediately preceding fiscal year is fiscal year 2008, 2009, or 2010,
then, at State option, during the emergency fund base year of the State
with respect to the average monthly assistance caseload of the State
(within the meaning of section 403(c)(9)), except that, if a State
elects such option for fiscal year 2008, the emergency fund base year
of the State with respect to such caseload shall be fiscal year
2007))''.
(b) Conforming Amendments.--Section 2101 of the American Recovery
and Reinvestment Act of 2009 (123 Stat. 448-449; Public Law 111-5) is
amended--
(1) in subsection (a)(2), by striking ``, except that
paragraph (9) of such subsection shall remain in effect until
October 1, 2011, but only with respect to section
407(b)(3)(A)(i) of such Act''; and
(2) by striking subsection (d)(2).
SEC. 103. REDUCTION IN FUNDING OF STATE FAMILY ASSISTANCE GRANTS.
Section 403(a)(1)(C) of the Social Security Act (42 U.S.C.
603(a)(1)(C)) is amended by striking ``2003 $16,566,542,000'' and
inserting ``2011 and each succeeding fiscal year $15,566,042,000,
notwithstanding any other provision of law''.
TITLE II--WORK REQUIREMENTS FOR THE FOOD STAMP PROGRAM
SEC. 201. RESTORATION OF ACT SHORT TITLE AND REFERENCES TO THE FOOD
STAMP PROGRAM.
Effective on the date of the enactment of this Act, the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), and each provision of
law amended by section 4001 or 4002 of the Food, Conservation, and
Energy Act of 2008 (Public Law 110-246; 122 Stat. 1651), are restored
as if sections 4001 and 4002 of the Food, Conservation, and Energy Act
of 2008 had not been enacted.
SEC. 202. AMENDMENTS.
(a) Declaration of Policy.--Section 2 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2011) is amended by adding at the end the following:
``Congress further finds that it should also be the goal of the food
stamp program to increase employment, to encourage healthy marriage,
and to promote prosperous self-sufficiency which shall mean the ability
of households to maintain an income above the poverty level without
Government services and benefits.''.
(b) Definitions.--Section 3 of the Food and Nutrition Act of 2008
(7 U.S.C. 2012) is amended by adding at the end the following:
``(w) Able-Bodied, Work-Eligible Adult.--The term `able-bodied,
work-eligible adult' means an individual who--
``(1) is more than 18, and less than 63, years of age;
``(2) is not physically or mentally capable of work; and
``(3) is not the full-time caretaker of a disabled adult
dependent.
``(x) Not Physically or Mentally Capable of Work.--The term `not
physically or mentally capable of work' shall mean an individual--
``(1) who currently receives benefits from the Supplemental
Security Income program or another program that provides
recurring benefits to individuals because the individual is
disabled and unable to work; or
``(2) who has been medically certified as physically or
mentally incapable of work and who has a credible pending
application for enrollment in the Supplemental Security Income
program or another program that provides recurring benefits to
individuals because the individual is disabled and unable to
work.
``(y) Family With Dependent Children.--The term `family with
dependent children' means a unit consisting of a family head, one or
more dependent children, and in some cases, the married spouse of the
family head, all of whom share meals and reside within a single
household. There may be more than one family with dependent children
within a single household.
``(z) Family Head.--The term `family head' means--
``(1) a biological parent who is lawfully present in the
United States and resides within a household with one or more
dependent children who are biological offspring; or
``(2) in the absence of a biological parent, a step parent,
guardian, or adult relative who resides with and provides care
to the child or the children and is lawfully present in the
United States.
``(aa) Family Unit.--The term `family unit' means--
``(1) an adult residing without dependent children;
``(2) a single-headed family with dependent children; or
``(3) a married couple family with dependent children.
``(bb) Married Couple Family With Dependent Children.--The term
`married couple family with dependent children' means a family with
dependent children which has both a family head and the married spouse
of the family head residing with the family.
``(cc) Married Spouse of the Family Head.--The term `married spouse
of the family head' means the lawfully married spouse of the family
head who resides with the family head and dependent children and is
lawfully present in the United States.
``(dd) Member of a Family.--The term `member of a family' means the
family head, married spouse if present, and all dependent children
within a family with dependent children.
``(ee) Monthly Potential Work Activation Population.--The term
`monthly potential work activation population' means the sum of--
``(1) all able bodied work eligible individuals without
dependents who have received food stamp benefits and who have
maintained less than 60 hours of paid employment during a
month;
``(2) all work eligible single-headed families with
dependent children which have received food stamp benefits
during the month and have maintained less than 120 hours of
paid employment by the family head during the month; and
``(3) all work eligible married couples with dependent
children which have received food stamp benefits during the
month and have maintained less than 120 combined hours of paid
employment between the family head and the married spouse,
summed together and counted jointly, during the month.
``(ff) Monthly Work Activation Participants.--The term `monthly
work activation participants' means the sum of--
``(1) all able bodied work eligible individuals without
dependents who have received food stamp benefits and who have
maintained--
``(A) less than 60 hours of paid employment during
a month; and
``(B) more than 60 hours of combined paid
employment and work activation activity during the
month;
``(2) all work eligible single-headed families with
dependent children which have received food stamp benefits
during the month and contain a family head who has maintained--
``(A) less than 120 hours of paid employment during
the month; and
``(B) more than 120 hours of combined paid
employment and work activation activity during the
month; and
``(3) all work eligible married couples with dependent
children which have received food stamp benefits during the
month, and have maintained--
``(A) less than 120 combined hours of paid
employment between the family head and the spouse,
summed together and counted jointly, during the month;
and
``(B) more than 120 hours of combined paid
employment and work activation activity between the
family head and the married spouse, summed together and
counted jointly, during the month.
``(gg) Single-Headed Family With Dependent Children.--The term
`single-headed family with dependent children' means a family with
dependent children which contains a family head residing with the
family but does not have a married spouse of the family head residing
with the family.
``(hh) Supervised Job Search.--The term `supervised job search'
means a job search program which has the following characteristics:
``(1) The job search occurs at an official location where
the recipient's presence and activity can be directly observed,
supervised, and monitored.
``(2) The recipient's entry, time on site, and exit from
the official job search location are recorded in a manner which
prevents fraud.
``(3) The recipient is expected to remain and undertake job
search activities at the job search center except for brief,
authorized departures for specified off-site interviews.
``(4) The amount of time the recipient is observed and
monitored engaging in job search at the official location is
recorded for purposes of compliance with section 29.
``(ii) Work Activation.--The term `work activation' means--
``(1) supervised job search;
``(2) community service activities;
``(3) education and job training for individuals who are
family heads or married spouses of family heads;
``(4) workfare under section 20; or
``(5) drug or alcohol treatment.
``(jj) Work Activation Ratio.--The term `work activation ratio'
means the number of work activation participants in a given month
divided by the potential work activation population for the same month.
``(kk) Work Activities.--The term `work activities' means paid
employment, work activation, or a combination of both paid employment
and work activation.
``(ll) Work Eligible Family Unit.--The term `work eligible family
unit' means--
``(1) an able-bodied, work eligible adult without dependent
children;
``(2) a work eligible single-headed family with dependent
children; or
``(3) a work eligible married couple family with dependent
children.
``(mm) Work Eligible Adult Without Dependent Children.--The term
`work eligible adult without dependent children' means an individual
who--
``(1) is an able-bodied work eligible individual; and
``(2) is not a family head or the married spouse of a
family head.
``(nn) Work Eligible Married Couple Family With Dependent
Children.--The term `work eligible married couple family with dependent
children' means a married couple with dependent children which contains
at least one work eligible able-bodied adult who is--
``(1) the family head; or
``(2) the married spouse of the family head.
``(oo) Work Eligible Single Headed Family With Dependent
Children.--The term `work eligible single headed family with dependent
children' means a single headed family with dependent children which
has a family head who is an able bodied work eligible adult.''.
(c) Conditions of Participation.--Section 6(d) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2015(d)) is amended to read as follows:
``(d) Conditions of Participation.--
``(1) Work requirements.--
``(A) In general.--No able-bodied work eligible
adult shall be eligible to participate in the food
stamp program if the individual--
``(i) refuses, at the time of application
and every 12 months thereafter, to register for
employment in a manner prescribed by the
Secretary;
``(ii) refuses without good cause to accept
an offer of employment, at a site or plant not
subject to a strike or lockout at the time of
the refusal, at a wage not less than the higher
of--
``(I) the applicable Federal or
State minimum wage; or
``(II) 80 percent of the wage that
would have governed had the minimum
hourly rate under section 6(a)(1) of
the Fair Labor Standards Act of 1938
(29 U.S.C. 206 (a)(1)) been applicable
to the offer of employment;
``(iii) refuses without good cause to
provide a State agency with sufficient
information to allow the State agency to
determine the employment status or the job
availability of the individual; or
``(iv) voluntarily--
``(I) quits a job; or
``(II) reduces work effort and,
after the reduction, the individual is
working less than 30 hours per week,
unless another adult in the same family
unit increases employment at the same
time by an amount equal to the
reduction in work effort by the first
adult.
``(B) Family unit ineligibility.--If an able-bodied
work eligible adult is ineligible to participate in the
food stamp program because of subparagraph (A), then no
other member of the family unit to which that adult
belongs shall be eligible to participate.
``(C) Duration of ineligibility.--An able-bodied
work eligible adults who becomes ineligible under
subparagraph (A), and members of the family unit who
become ineligible under subparagraph (B), shall remain
ineligible for three months after the date at which
they became ineligible.
``(D) Restoration of eligibility.--At the end of
three months of ineligibility under subsection (c),
members of a work eligible family unit may have their
eligibility to participate in the food stamp program
restored, if--
``(i) the family unit is no longer work
eligible family unit; or
``(ii) the adult members of the family unit
begin and maintain any combination of paid
employment and work activation sufficient to
meet the appropriate standards for resumption
of benefits in section 29(c)(2).
``(2) Strike against a government.--For the purpose of
subparagraph (A)(iv), an employee of the Federal Government, a
State, or a political subdivision of a State, who is dismissed
for participating in a strike against the Federal Government,
the State, or the political subdivision of the State shall be
considered to have voluntarily quit without good cause.
``(3) Striking workers ineligible.--Notwithstanding any
other provision of law, no member of a family unit shall
participate in the food stamp program at any time that any
able-bodied work eligible adult member of such household is on
strike as defined in the Labor Management Relations Act, 1947
(29 U.S.C. 142(2)), because of a labor dispute (other than a
lockout) as defined in section 2(9) of the National Labor
Relations Act (29 U.S.C. 152(9)): Provided, That a family unit
shall not lose its eligibility to participate in the food stamp
program as a result of one of its members going on strike if
the household was eligible immediately prior to such strike,
however, such family unit shall not receive an increased
allotment as the result of a decrease in the income of the
striking member or members of the household: Provided further,
That such ineligibility shall not apply to any family unit that
does not contain a member on strike, if any of its members
refuses to accept employment at a plant or site because of a
strike or lockout.''.
(d) Termination of Funding.--Section 6 of the Food and Nutrition
Act of 2008 (7 U.S.C. 2015) is amended by striking subsection (h).
(e) Eligibility of Students With Dependent Children.--Section
6(e)(8) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(e)(8)) is
amended to read as follows:
``(8) is enrolled full-time in an institution of higher
education, as determined by the institution, and--
``(A) is a single parent with responsibility for
the care of a dependent child under 12 years of age; or
``(B) is a family head or married spouse of a
family head in a married couple family with dependent
children and has a dependent child under age 12
residing in the home.''.
(f) Work Requirement.--Section 6(o) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2015(o)) is amended to read as follows:
``(o) Fulfillment of Employment and Work Activation Requirements.--
``(1) In general.--If an adult or adults within a work
eligible family unit are required by the State agency to
participate in work activation under section 29, no member of
the family unit shall be eligible for food stamp benefits
unless the employment and work activation standards for the
family unit are fulfilled.
``(2) Sanctions and resumption of benefits.--If an adult or
adults within a work eligible family unit who are required by
the State agency to participate in work activation under
section 29 during a given month, fail to fulfill the work
activation standards, benefits for all members of the family
unit will be terminated in accordance with section 29(c)(1) and
may be resumed upon compliance with the provisions of section
29(c)(2).''.
(g) Exclusion.--Section 6 of the Food and Nutrition Act of 2008 (7
U.S.C. 2015) is amended by adding at the end the following:
``(r) Minor Children.--No child less than age 18 years of age may
participate in the food stamp program unless that child is a member of
a family with dependent children and resides with an adult who is--
``(1) the family head of the same family of which the child
is also a member;
``(2) eligible to participate, and is participating, in the
food stamp program as a member of the same household as the
child; and
``(3) lawfully residing, and is eligible to work, in the
United States.''.
(h) Hearing and Determination.--Section 11(e)(10) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2020(e)(10)) is amended by striking ``:
Provided'' and all that follows through ``hearing;'', and inserting a
semicolon.
(i) Work Requirements and Activation Program.--The Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) by adding at the end the
following:
``SEC. 29. WORK REQUIREMENTS AND ACTIVATION PROGRAM.
``(a) Employment and Work Activation Standards.--Family units with
adult members that are required to participate in work activation under
section 29(b) during a full month of participation in the food stamp
program shall be expected to fulfill the following levels of work
activity during that month:
``(1) Each able-bodied work eligible adult without
dependent children shall be required to perform work activities
for at least 60 hours per month.
``(2) Each family head of a work eligible single-headed
family with dependent children shall be required to perform
work activities for at least 120 hours per month.
``(3) In each work eligible married couple family with
dependent children, the family head and married spouse shall be
required to perform work activities which when added together
for the two adults equal at least 120 hours per month:
Provided, That the 120 hour requirement shall be a single joint
obligation for the married couple as a whole in which the
activities of both married partners shall be combined together
and counted jointly.
``(A) For purposes of meeting this requirement the
paid employment and work activation of the family head
shall be added to the paid employment and work
activation of the married spouse, and the requirement
shall be fulfilled as long as the sum of the work
activities of the two individuals when added together
equals or exceeds 120 hours per month.
``(B) The work requirement for married couple with
dependent children may be fulfilled by--
``(i) 120 or more hours of work activity by
the family head;
``(ii) 120 or more hours of work activities
by the married spouse; or
``(iii) the combined work activities of the
family head and married spouse which when added
together equal or exceed 120 hours.
``(C) Neither the family head nor the married
spouse in a married couple with dependent children
shall be subject to a separate work activation
requirement as individuals.
``(b) Pro Rata Reduction in Employment and Work Activation Standard
During a Partial Month.--
``(1) A work eligible family unit shall be subject to a
pro-rated work activity standard, if the family unit--
``(A) receives a pro-rated monthly allotment during
the initial month of enrollment under section 8(c); and
``(B) is required by the State to participate in
the work activation program during that month.
``(2) The pro-rated work activity standard shall be a
number of hours of work activity having a value which bears the
same ratio to the employment and work activation requirement
for that family unit for a full month under subsection (a) as
the ratio of the pro-rated monthly allotment received by the
household for the partial month under section 8(c) bears to the
full allotment the same household would receive for a complete
month.
``(3) For purposes of fulfilling the pro-rated work
activity requirement during an initial month of enrollment in
the food stamp program, only those hours of adult work activity
which occurred during the portion of the month in which the
family unit was participating in the food stamp program shall
be counted.
``(c) Sanction for Noncompliance.--
``(1) In general.--If a member or members of a work
eligible family unit are required to participate in the work
activation program under subsection (e) in a given calendar
month and the individual or individuals fail to fulfill the
work activity standard under subsection (a) or (b) for that
month, then no member of the family unit shall be eligible to
receive food stamp benefits during the subsequent calendar
month.
``(A) Administration of sanction.--If a member or
members of a work eligible family unit is required to
participate in the work activation program under
subsection (e) in a given calendar month and the
individual or individuals fail to fulfill the work
activity standard for that month, then the State agency
must eliminate the food stamp benefit payment for all
members of the family unit that otherwise would have
been issued at the beginning of the next month except
as provided in subparagraph (B).
``(B) Administrative delay of sanction.--If it is
administratively infeasible for the State to eliminate
the food stamp benefit would be issued at the beginning
of the first month after the month of noncompliance,
then the State must eliminate the payment to all
members of the family unit that otherwise would have
been made at the beginning of the second month after
the month of noncompliance: Provided, That the sanction
of benefits must occur no later than 32 days after the
end of the month of noncompliance, and: Provided
further, That at least one monthly payment to all
members of the family unit must be eliminated for each
month of noncompliance under paragraph (1).
``(2) Resumption of benefits after sanction.--
``(A) In general.--If a family unit has had its
monthly benefit eliminated due to noncompliance with a
work activity requirement under subsection (b) then the
family unit shall not be eligible to receive future
benefits under the food stamp program, until----
``(i) the work eligible member or members
of the family unit have participated in the
work activation program under subsection (e)
for four consecutive subsequent weeks and
fulfilled the work activity standard for the
family unit for that same four week period; or
``(ii) the family unit no longer contains
any able bodied work eligible adults.
``(B) Limitation.--The resumed benefits cannot
restore or compensate for the benefits that were
eliminated due to the sanction imposed in subsection
(c)(1).
``(d) Work Activation Is Not Employment.--Participation in work
activation activities under this section shall not be deemed employment
and shall not be subject to any law pertaining to wages, compensation,
hours, or conditions of employment under any law administered by the
Department of Labor.
``(e) Work Activation Program.--
``(1) Program.--States will run a work activation program.
``(2) Purpose.--The goal of the program shall be to
increase the employment of work eligible able-bodied adult food
stamp recipients. To accomplish this goal, each State shall
require able-bodied adult food stamp recipients who are
unemployed or under-employed to engage in work activation.
``(3) Target work activation ratios.--
``(A) In general.--Commencing no later than six
months after the effective date of this section, the
State shall engage able-bodied food stamp recipients in
work activation each month in sufficient numbers to
meet the following monthly target work activation
ratios:
``(i) In 2012 the monthly target work
activation ratio shall be 4 percent.
``(ii) In 2013 and in subsequent years the
monthly target work activation ratio shall be 7
percent.
``(B) Limitation on education and training as a
component of work activation.--For purposes of
compliance by the State with the work activation
ratios, not more than 20 percent of the monthly work
activation participants counted by the State may be
engaged in employment and training as a means of
fulfilling their employment and work activation
standards.
``(4) Work activation priority populations.--
``(A) In general.--In operating the work activation
program, States shall give priority to participation by
the following recipient groups:
``(i) Work eligible adults without
dependent children.
``(ii) Work eligible adults who are also
recipients of housing assistance.
``(iii) Other work eligible recipients at
the time of initial application for benefits.
``(B) Participation share.--Except as provided in
paragraph (C), at least 80 percent of the participants
in work activation should belong to the three priority
groups listed in paragraph (A).
``(C) Exception.--The numeric requirement in
paragraph (B) shall not pertain if the number of
recipients in the three priority groups in paragraph is
insufficient to meet that requirement, but in those
circumstances, the State will continue to give priority
to any recipients who belong to the three priority
groups.
``(5) Reimbursable expenses of participants.--
``(A) The State agency shall provide payments or
reimbursements to participants in work activation
carried out under this section for--
``(i) the actual costs of transportation
and other actual costs (other than dependent
care costs) that are reasonably necessary and
directly related to participation in the work
activation components of the program; and
``(ii) the actual costs of such dependent
care expenses that are determined by the State
agency to be necessary for the participation of
an individual in the work activation components
of the program (other than an individual who is
the caretaker relative of a dependent in a
family receiving benefits under part A of title
IV of the Social Security Act (42 U.S.C. 601 et
seq.) in a local area where an employment,
training, or education program under title IV
of such Act (42 U.S.C. 601 et seq.) is in
operation), except that no such payment or
reimbursement shall exceed the applicable local
market rate.
``(B) In lieu of providing reimbursements for
dependent care expenses under clause (i), a State
agency may, at its option, arrange for dependent care
through providers by providing vouchers to the
household allowing the recipient to choose between all
lawful providers. The value of the voucher shall not
exceed the average local market rate.
``(C) The value of any dependent care services
provided for or arranged under paragraph (1) or (2), or
any amount received as a payment or reimbursement under
(1), shall--
``(i) not be treated as income for the
purposes of any other Federal or federally
assisted program that bases eligibility for, or
the amount of benefits on, need; and
``(ii) not be claimed as an employment-
related expense for the purposes of the credit
provided under section 21 of title 26.
``(6) Penalties for inadequate state performance.--If, in a
given month, a State fails to engage food stamp recipients in
work activation in sufficient numbers to meet or exceed the
appropriate work activation ratio provided in subsection
(e)(3), the Federal food stamp funding provided to the State in
a subsequent penalty month will be reduced as follows:
Provided, That, the month in which the State failed to engage
food stamp recipients in work activation in sufficient numbers
to meet or exceed the appropriate target work activation ratio
shall be designated the non-performance month, and: Provided
further, That the month in which the State is penalized shall
be designated the penalty month:
``(A) The penalty month shall be no later than four
months after the non-performance month.
``(B) The amount of Federal food stamp funding the
State shall receive for the penalty month shall equal
the amount of Federal food stamp funds the State would
otherwise have received multiplied by a fraction
equaling--
``(i) the actual monthly work activation
ratio achieved by the State in the penalty
month; divided by
``(ii) the target monthly work activation
ratio for the penalty month.
``(7) Rewards to states for reducing government
dependence.--If, in any future year, a State reduces its food
stamp caseload below the levels which existed in calendar year
2006, the State shall receive a financial reward for reducing
dependence.
``(A) The reward shall equal one quarter of the
savings to the Federal Government for that year that
resulted from the caseload reduction.
``(B) The State may use its reward funding for any
purpose it chooses that provides benefits or services
to individuals with incomes below 200 percent of the
Federal poverty level, improves social outcomes in low
income populations, encourages healthy marriage, or
increases self-sufficiency and reduces dependence.
``(8) Authorization of funding.--
``(A) In general.--In fiscal year 2012, and in each
subsequent fiscal year there is authorized to be
appropriated $2,500,000,000 to be provided to State
governments for the purpose of administering a work
activation program in accordance with this section.
``(B) Allocation among states.--The sum provided in
subparagraph (A) shall be allocated to the States in
proportion to each State's share of total funding for
the food stamp program under this Act in fiscal year
2007.''.
(j) Conforming Amendments.--The Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.) is amended--
(1) in section 5--
(A) in subsection (a) by striking ``, 6(d)(2),'',
(B) in subsection (d)(14) by striking
``6(d)(4)(I)'' and inserting ``29'',
(C) in subsection (e)(3)(B)(iii) by striking
``section (d)(3)'' and inserting ``section 29'', and
(D) in the 1st sentence of subsection (g)(3) by
striking ``6(d)'' and inserting ``29'',
(2) in section 7(i)(2) by striking ``6(o)(2)'' and
inserting ``6(o)'',
(3) in section 11(e) by striking paragraph (19),
(4) in section 16--
(A) in subsection (b)(4) by striking ``6(d)'' and
inserting ``29'', and
(B) by striking subsection (h),
(5) in section 17--
(A) in subsection (b)--
(i) in paragraph (1)(B)(iv)(III) by
striking item (bb),
(ii) in paragraph (2) by striking the 2d
sentence, and
(iii) in paragraph (3)(B) by striking
``6(d)'' and inserting ``29,'', and
(B) by striking subsection (g),
(6) in section 20--
(A) in subsection (b)--
(i) by striking paragraph (1), and
(ii) by redesignating paragraphs (2)
through (6) as paragraphs (1) through (5),
respectively, and
(B) by striking subsection (f), and
(7) in section 22(b) by striking paragraph (4).
SEC. 203. TERMINATION OF BENEFIT INCREASE.
Section 101(a)(2) of division A of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 120), as amended
by section 442 of Public Law 111-296 (124 Stat. 3183, 3265), is amended
by striking ``after October 31, 2013'' and inserting ``on the date of
the enactment of the Welfare Reform Act of 2011''.
TITLE III--REPORTING OF MEANS-TESTED WELFARE SPENDING IN PRESIDENT'S
BUDGET SUBMISSION
SEC. 301. ADDITIONAL INFORMATION IN PRESIDENT'S BUDGET SUBMISSION.
Section 1105(a) of title 31, United States Code, is amended by
adding at the end the following new paragraph:
``(37) the total level of spending on means-tested welfare
programs by the Federal Government and the total level of
spending on means-tested welfare programs by all State and
local governments and the Federal Government for the most
recent fiscal year for which such data is available and
estimated levels for the fiscal year during which the budget
submission of the President is made, for the fiscal year
beginning on October 1 of the calendar year during which the
budget submission is made, and for each of the nine ensuing
fiscal years, and for purposes of this paragraph, means-tested
welfare programs shall mean those programs defined in section
501 of the Welfare Reform Act of 2011.''.
TITLE IV--AGGREGATE CAP FOR MEANS-TESTED WELFARE SPENDING
SEC. 401. DEFINITION OF MEANS-TESTED WELFARE SPENDING.
Section 3 of the Congressional Budget and Impoundment Control Act
of 1974 is amended by adding at the end the following new paragraph:
``(11)(A) The term `means-tested welfare spending' refers
to any Federal program that is designed to specifically provide
assistance or benefits exclusively to low-income Americans, but
is not such a program if it--
``(i) is based on earned eligibility;
``(ii) is not need-based;
``(iii) is a program designed exclusively or
primarily for veterans of military service; or
``(iv) offers universal or near universal
eligibility to the working population and their
dependents.
Community and economic development programs targeted to low
income communities or populations shall be considered means-
tested welfare programs for purposes of this paragraph.
``(B) For purposes of subparagraph (A), the following
Federal programs shall be considered to be means-tested welfare
spending:
``(i) Cash and general programs.--
``(I) Supplemental Security Income.
``(II) Earned Income Tax Credit (Refundable
Portion).
``(III) Refundable Child Credit.
``(IV) Temporary Assistance to Needy
Families.
``(V) Title IV-E Foster Care.
``(VI) Title IV-E Adoption Assistance.
``(VII) General Assistance to Indians.
``(VIII) Assets for Independence.
``(ii) Medical.--
``(I) Medicaid.
``(II) State Children's Health Insurance
Program.
``(III) Indian Health Services.
``(IV) Consolidated Health Centers/
Community Health Centers.
``(V) Maternal and Child Health.
``(VI) Healthy Start.
``(VII) Refundable Premiums and Out of
Pocket Subsidies under the Patient Protection
and Affordable Health Care Act (PPACA).
``(iii) Food.--
``(I) Food Stamps Program.
``(II) School Lunch Program.
``(III) Women, Infant and Children (WIC)
Food Program.
``(IV) School Breakfast.
``(V) Child Care Food Program.
``(VI) Nutrition Program for the Elderly,
Nutrition Service Incentives.
``(VII) Summer Food Service Program.
``(VIII) Commodity Supplemental Food
Program.
``(IX) Temporary Emergency Food Program.
``(X) Needy Families.
``(XI) Farmer's Market Nutrition Program.
``(XII) Special Milk Program.
``(iv) Housing.--
``(I) Section 8 Housing (HUD).
``(II) Public Housing (HUD).
``(III) State Housing Expenditures.
``(IV) Home Investment Partnership Program
(HUD).
``(V) Homeless Assistance Grants (HUD).
``(VI) Rural Housing Insurance Fund
(Agriculture).
``(VII) Rural Housing Service
(Agriculture).
``(VIII) Housing for the Elderly (HUD).
``(IX) Native American Housing Block Grants
(HUD).
``(X) Other Assisted Housing Programs
(HUD).
``(XI) Housing for Persons with
Disabilities (HUD).
``(v) Energy and utilities.--
``(I) Low Income Home Energy Assistance.
``(II) Universal Service Fund--Subsidized
Phone Service for Low Income Persons.
``(III) Weatherization.
``(vi) Education.--
``(I) Pell Grants.
``(II) Title I Grants to Local Education
Authorities.
``(III) Special Programs for Disadvantaged
(TRIO).
``(IV) Supplemental Education Opportunity
Grants.
``(V) Migrant Education.
``(VI) Gear-Up.
``(VII) Education for Homeless Children and
Youth.
``(VIII) Leveraging Educational Assistance
Partnership (LEAP) Program.
``(IX) Even Start.
``(vii) Training.--
``(I) Job Corps.
``(II) Youth Opportunity Grants (under the
Workforce Investment Act).
``(III) Adult Employment and Training
(under the Workforce Investment Act).
``(IV) Senior Community Service Employment.
``(V) Food Stamp Employment and Training
Program.
``(VI) Migrant Training.
``(VII) YouthBuild.
``(VIII) Native American Training.
``(viii) Services.--
``(I) Title XX Social Services Block Grant.
``(II) Community Service Block Grant.
``(III) Social Services for Refugees,
Asylees, and Humanitarian Cases.
``(IV) Title III Aging Americans Act.
``(V) Legal Services Block Grant.
``(VI) Family Planning.
``(VII) Emergency Food and Shelter.
``(VIII) Healthy Marriage and Responsible
Fatherhood Grants.
``(IX) Americorps VISTA.
``(ix) Child care and child development.--
``(I) Headstart.
``(II) Childcare and Child Development
Block Grant.
``(III) Child Care Block Grant (under
Temporary Assistance to Needy Families
Program).
``(x) Community development.--
``(I) Community Development Block Grant.
``(II) Economic Development Administration.
``(III) Appalachian Regional Development.
``(IV) Empowerment Zones, Enterprise
Communities, Renewal Communities.
``(V) Urban Development Block Grant.
``(C) For purposes of this paragraph, the term `means-
tested welfare spending' shall not include--
``(i) the Social Security Disability Insurance
program;
``(ii) Medicare;
``(iii) retirement insurance benefits and survivor
benefits under the Social Security program;
``(iv) any program designed exclusively or
primarily for veterans of military service;
``(v) unemployment insurance benefits provided
under Title K; and
``(vi) programs designed specifically to provide
benefits to workers to compensate for job-related
injuries or illnesses.
``(D) For purposes of this paragraph, the term `spending on
means-tested welfare programs' shall mean the full cost of
benefits and services provided by the program, as well as the
administrative costs for operating the program, subject to the
limitations in subparagraph (E).
``(E)(i) For purposes of this paragraph only the refundable
portion of the following tax credits shall be counted as means-
tested welfare expenditures:
``(I) The earned income tax credit.
``(II) The child tax credit.
``(III) The making work pay tax credit.
``(ii) For purposes of this paragraph only the refundable
portion of the premium and out of pocket health care subsidies
to be paid under the Patient Protection and Affordable Health
Care Act shall be counted as means-tested welfare expenditures;
the refundable portion of these subsidies shall mean the
portion of the credit which is paid to an individual in excess
of the amount of Federal income tax owed by the individual.
``(iii) For purposes of this paragraph only the costs of
the free and reduced price segments of the school lunch and
school breakfast programs shall be included.
``(F) For purposes of this paragraph expenditures by state
and local governments of funds that are:
``(i) obtained by the State and local government
from taxes, fees, or other sources of revenue
established by the State or local government; and
``(ii) not received as any form of grant from the
Federal Government,
shall not be considered as Federal means-tested welfare
spending even if such state and local expenditures take the
form of contributions to Federal programs listed or defined in
subparagraphs (A) and (B).''.
SEC. 402. REPORTS TO BUDGET COMMITTEES.
Section 202(e)(1) of the Congressional Budget Act of 1974 is
amended by inserting ``(A)'' after ``(1)'' and by inserting at the end
the following new subparagraph:
``(B) Beginning with the first fiscal year that begins
after the date of enactment of this subsection and after any
monthly rate of unemployment during the immediately preceding
fiscal year is below 6.5 percent, the Director shall include in
each report submitted to the Committees on the Budget of the
House of Representatives and the Senate under subparagraph (A)
the following information for the fiscal year commencing on
October 1 of the year in which the report is submitted and for
each of the ensuing 4 fiscal years:
``(i) The Congressional Budget Office baseline
level of Federal spending for aggregate means-tested
welfare programs.
``(ii) The aggregate level of Federal means-tested
welfare spending computed by taking the aggregate level
of means-tested welfare spending for fiscal year 2007
and adjusting that for inflation using the Consumer
Price Index for All Urban Consumers, U.S. City Average,
All Items, Not Seasonally Adjusted (CPI-U), as computed
by the Bureau of Labor Statistics, for all fiscal years
occurring after fiscal year 2007 and before the
applicable fiscal year.''.
SEC. 403. CONTENT OF CONCURRENT RESOLUTIONS ON THE BUDGET.
Section 301 of the Congressional Budget Act of 1974 is amended by
adding at the end the following new subsection:
``(j) Means-Tested Welfare Spending.--Beginning with the first
fiscal year that begins after the date of enactment of this subsection
and after any monthly rate of unemployment during the immediately
preceding fiscal year is below 6.5 percent, the concurrent resolution
on the budget for the applicable fiscal year shall set forth the
appropriate level for aggregate means-tested welfare spending for the
first fiscal year of that concurrent resolution and for at least each
of the 4 ensuing fiscal years. Such level shall not exceed the
aggregate level of Federal means-tested welfare spending for fiscal
year 2007, adjusted for inflation using the Consumer Price Index for
All Urban Consumers, U.S. City Average, All Items, Not Seasonally
Adjusted (CPI-U), as computed by the Bureau of Labor Statistics, for
all fiscal years occurring after fiscal year 2007 and before the
applicable fiscal year.''.
SEC. 404. ALLOCATIONS OF MEANS-TESTED WELFARE SPENDING.
(a) In General.--Section 302 of the Congressional Budget Act of
1974 is amended by adding at the end the following new subsection:
``(h) Means-Tested Welfare Spending Limit.--
``(1) Further division of amounts.--For any concurrent
resolution on the budget for which levels for aggregate means-
tested welfare spending are set forth under section 301(j), in
the House of Representatives and the Senate, the amounts
allocated under subsection (a) shall be further divided to
establish an allocation of--
``(A) total new budget authority and total outlays
for discretionary means-tested welfare spending in
appropriation measures for the first fiscal year of the
resolution on the budget; and
``(B) total new budget authority and total outlays
for mandatory means-tested welfare spending for the
first fiscal year of the resolution on the budget and
at least each of the ensuing 4 fiscal years to all
other committees of the House of Representatives and
the Senate that have jurisdiction over legislation
providing mandatory means-tested welfare spending.
``(2) Point of order.--It shall not be in order in the
House of Representatives or the Senate to consider any bill,
joint resolution, or amendment if--
``(A) the enactment of such bill or resolution as
reported;
``(B) the adoption and enactment of such amendment;
or
``(C) the enactment of such bill or resolution in
the form recommended in such conference report,
would cause the applicable allocation of new budget authority
or outlays made under subparagraph (A) or (B) of paragraph (1)
for a fiscal year to be exceeded.''.
(b) Conforming Amendment.--Section 302(b) of the Congressional
Budget Act of 1974 is amended by striking ``under subsection (a)'' and
inserting ``under subsections (a) and (h)''.
SEC. 405. RECONCILIATION.
Section 310(a) of the Congressional Budget Act of 1974 is amended
as follows:
(1) Strike ``or'' at the end of paragraph (3) and strike
the period at the end of paragraph (4) and insert ``; and''.
(2) Redesignate paragraph (4) as paragraph (5), and in
paragraph (5) as redesignated, strike ``and (3)'' and insert
``(3), and (4)''.
(3) After paragraph (3), insert the following new
paragraph:
``(4) specify the total amount by which new budget
authority for such fiscal year for mandatory means-tested
welfare spending contained in laws, bills, and resolutions
within the jurisdiction of a committee is to be changed and
direct that committee to determine and recommend changes to
accomplish a change of such total amount, which amount shall be
the amount by which the Congressional Budget Office baseline
level of spending for aggregate mandatory means-tested welfare
programs exceeds the allocation made pursuant to section
302(h)(1)(B) for such fiscal year.''.
TITLE V--GRANTS TO PROMOTE SELF-SUFFICIENCY
SEC. 501. GRANTS TO STATES.
(a) Purpose.--The purpose of this title is to encourage States to
develop policies to promote self-sufficiency and prosperity and to
reduce poverty and government dependence.
(b) Grants.--The Social Security Act is amended by adding at the
end the following:
``TITLE XXII--GRANTS TO STATES TO PROMOTE SELF-SUFFICIENCY AND
PROSPERITY AND TO REDUCE DEPENDENCE
``SEC. 2201. GRANTS TO STATES.
``(a) In General.--The Secretary may provide grants to States to
reward reductions in poverty and government dependence and increases in
self-sufficiency.
``(b) Allocation of Grants to States.--For each fiscal year for
which funds are made available under subsection (e), the Secretary
shall make a grant in an amount equal to $100,000,000 to each of the 3
States with the greatest percentage increases in the self-sufficiency
ratio of the State for the preceding fiscal year over the self-
sufficiency ratio of the State for fiscal year 2007, as compared with
the changes in that ratio for each other State, subject to subsection
(c).
``(c) Limitation on Eligibility for Grants.--A State shall not be
eligible for a grant under this title for a fiscal year unless the
self-sufficiency ratio of the State for the fiscal year is greater than
the self-sufficiency ratio of the State for fiscal year 2007.
``(d) Definitions.--In this title:
``(1) The term `self-sufficient family' means a family
(including a 1-person family) whose combined income, excluding
receipt of means-tested welfare spending (as defined in section
3(11)(A) of the Congressional Budget and Impoundment Control
Act of 1974), exceeds the poverty line (within the meaning of
section 673(2) of the Omnibus Budget Reconciliation Act of
1981, including any revision required by such section
applicable to a family of the size involved).
``(2) The term `self-sufficiency ratio' means, with respect
to a State and a fiscal year--
``(A) the number of self-sufficient families
residing in the State during the fiscal year that are
headed by able-bodied individuals who have not attained
63 years of age; divided by
``(B) the total number of families residing in the
State during the fiscal year that are headed by able-
bodied individuals who have not attained 63 years of
age.
``(3) The term `State' means the 50 States and the District
of Columbia.
``(e) Limitations on Authorization of Appropriations.--For grants
under this title, there are authorized to be appropriated to the
Secretary $300,000,000 for fiscal year 2012 and each succeeding fiscal
year.''.
TITLE VI--PROHIBITION ON FUNDING OF ABORTION
SEC. 601. PROHIBITION ON FUNDING FOR ABORTIONS.
No funds authorized or appropriated by Federal law, and none of the
funds in any trust fund to which funds are authorized or appropriated
by Federal law, shall be expended for any abortion.
SEC. 602. PROHIBITION ON FUNDING FOR HEALTH BENEFITS PLANS THAT COVER
ABORTION.
None of the funds authorized or appropriated by Federal law, and
none of the funds in any trust fund to which funds are authorized or
appropriated by Federal law, shall be expended for health benefits
coverage that includes coverage of abortion.
SEC. 603. PROHIBITION ON TAX BENEFITS RELATING TO ABORTION.
For taxable years beginning after the date of the enactment of this
section, no credit shall be allowed under the internal revenue laws
with respect to amounts paid or incurred for an abortion or with
respect to amounts paid or incurred for a health benefits plan
(including premium assistance) that includes coverage of abortion.
SEC. 604. CONSTRUCTION RELATING TO SEPARATE COVERAGE.
Nothing in this title shall be construed as prohibiting any
individual, entity, or State or locality from purchasing separate
abortion coverage or health benefits coverage that includes abortion so
long as such coverage is paid for entirely using only funds not
authorized or appropriated by Federal law and such coverage shall not
be purchased using matching funds required for a federally subsidized
program, including a State's or locality's contribution of Medicaid
matching funds.
SEC. 605. CONSTRUCTION RELATING TO THE USE OF NON-FEDERAL FUNDS FOR
HEALTH COVERAGE.
Nothing in this title shall be construed as restricting the ability
of any non-Federal health benefits coverage provider from offering
abortion coverage, or the ability of a State or locality to contract
separately with such a provider for such coverage, so long as only
funds not authorized or appropriated by Federal law are used and such
coverage shall not be purchased using matching funds required for a
federally subsidized program, including a State's or locality's
contribution of Medicaid matching funds.
SEC. 606. TREATMENT OF ABORTIONS RELATED TO RAPE, INCEST, OR PRESERVING
THE LIFE OF THE MOTHER.
The limitations established in this title shall not apply to an
abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness that would, as
certified by a physician, place the woman in danger of death
unless an abortion is performed, including a life-endangering
physical condition caused by or arising from the pregnancy
itself.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committees on Agriculture, the Budget, Rules, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Agriculture, the Budget, Rules, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Agriculture, the Budget, Rules, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Agriculture, the Budget, Rules, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Agriculture, the Budget, Rules, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Human Resources.
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Referred to the Subcommittee on Health.
Referred to the Subcommittee on Nutrition and Horticulture .