Sec. 3. Definition of means-tested welfare program

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In this Act, the term means-tested welfare program — means any Federal program that is designed to specifically provide assistance or benefits exclusively to low-income Americans; does not include such a program if the program— is based on earned eligibility; is not need-based; provides to an individual benefits under title 38, United States Code, or other provisions of law administered by the Secretary of Veterans Affairs; or offers universal or near universal eligibility to the working population and their dependents; and includes community and economic development programs targeted to low-income communities or populations.

For purposes of subsection (a), the following Federal programs shall be considered means-tested welfare programs: The Supplemental Security Income program under title XVI of the Social Security Act. The earned income tax credit determined under section 32 of the Internal Revenue Code of 1986. The refundable portion of the child tax credit determined under section 24 of the Internal Revenue Code of 1986. The program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act.

The foster care and adoption assistance program under part E of title IV of the Social Security Act. General Assistance to Indians. The programs operated under the Assets for Independence Act. The Medicaid program under title XIX of the Social Security Act. The State Children's Health Insurance Program under title XXI of the Social Security Act. Health programs operated by the Indian Health Service, Indian tribes, tribal organizations, and Urban Indian organizations (as those terms are defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )).

The health center programs under section 330 of the Public Health Service Act ( 42 U.S.C. 254b ). The Maternal and Child Health Services Block Grant program under title V of the Social Security Act ( 42 U.S.C. 701 et seq.). The Healthy Start Initiative under section 330H of the Public Health Service Act ( 42 U.S.C. 254c–8 ). Premium tax credits and cost sharing reductions available pursuant to the Patient Protection and Affordable Health Care Act (PPACA) and the amendments made by such Act.

The supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.). The school lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.). The special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act ( 42 U.S.C. 1786 ). The school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). The child and adult care food program under section 17 of the Richard B.

Russell National School Lunch Act ( 42 U.S.C. 1766 ). The nutrition services programs under the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq.). The summer food service program for children under section 13 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761 ). The commodity supplemental food program under section 4 of the Agriculture and Consumer Protection Act of 1973 ( 7 U.S.C. 612c note). Commodity distribution programs under the Emergency Food Assistance Act of 1983 ( 7 U.S.C. 7501 et seq.).

The seniors farmers' market nutrition program under section 3007 of Public Law 107–171 ( 7 U.S.C. 3007 ). The special milk program established under section 3 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1772 ). The rental assistance program under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ). The public housing program under title I of the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq.). The Home Investment Partnerships Program under title II of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12721 et seq.).

The programs for homeless assistance under title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 et seq.). The rural housing programs under title V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq.). The program for supportive housing for elderly persons under section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q ). The program for Native American housing block grants under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq.).

The program for supportive housing for persons with disabilities under section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ). Low-income home energy assistance under the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621 et seq.). The Lifeline Assistance Program of the Federal Communications Commission and the Tribal Link Up assistance program defined in section 54.413 of title 47, Code of Federal Regulations. Weatherization assistance for low-income persons under part A of title IV of the Energy Conservation and Production Act ( 42 U.S.C. 6861 et seq.).

Federal Pell Grants under subpart 1 of part IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq.). Grants for improving basic programs operated by local educational agencies under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq.). Federal TRIO programs under chapter 1 of subpart 2 of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11 et seq.). Federal supplemental educational opportunity grants under subpart 3 of part A of title IV the Higher Education Act of 1965 ( 20 U.S.C. 1070b et seq.).

Programs for the education of migratory children under part C of title 1 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6391 et seq.). Gaining early awareness and readiness for undergraduate programs under chapter 2 of subpart 2 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–21 et seq.). The education for homeless children and youth program under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq.).

The leveraging educational assistance partnership program of subpart 4 of part A of title IV the Higher Education Act of 1965 ( 20 U.S.C. 1070c et seq.). Job Corps under subtitle C of title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3191 et seq.). Adult employment and training activities under title I of the Workforce Innovation and Opportunity Act ( 20 U.S.C. 3101 et seq.). Senior community service employment programs under title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq.).

Employment and training programs under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.). Migrant and seasonal farmworker programs under section 167 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3222 ). The YouthBuild Program under section 171 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3226 ). Native American Programs under section 166 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3221 ). The Social Services Block Grant program under title XX of the Social Security Act.

Programs under the Community Services Block Grant Act of 1981 ( 42 U.S.C. 9901 et seq.). Services for aliens admitted to the United States as refugees or granted asylum in the United States, and other special populations of aliens. State and community programs on aging that receive Federal funds. Legal Services Corporation. Family planning services under title X of the Public Health Service Act ( 42 U.S.C. 300 et seq.). The Emergency Food and Shelter Program for homeless persons under title III of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11331 et seq.).

The AmeriCorps VISTA program under subtitle C of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12571 et seq.). Head Start programs and Early Head Start programs under the Head Start Act ( 42 U.S.C. 9831 et seq.). Programs under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq.). The Community Development Block Grant Program under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq.). Programs administered by the Economic Development Administration under the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 et seq.).

Programs administered by the Appalachian Regional Commission under subtitle IV of title 40, United States Code. Empowerment zones and enterprise communities under subchapter U, and renewal communities under subchapter X, of the Internal Revenue Code of 1986. For purposes of subsection (a), the following Federal programs shall not be considered means-tested welfare programs: The Old-Age, Survivors, and Disability Insurance Benefit program under title II of the Social Security Act ( 42 U.S.C. 401 et seq.).

The Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq.). A program designed exclusively or primarily to provide to an individual benefits under title 38, United States Code, or other provisions of law administered by the Secretary of Veterans Affairs. A program that provides for the receipt of regular compensation , extended compensation , or additional compensation (as such terms are defined by section 205 of the Federal-State Extended Unemployment Compensation Act ( 26 U.S.C. 3304 note)).

The program that provides for trade adjustment assistance under title II of the Trade Act of 1974 ( 19 U.S.C. 2251 et seq.). Programs designed specifically to provide benefits to workers to compensate for job-related injuries or illnesses. For purposes of subsection (a), only the refundable portion of the following tax credits shall be considered means-tested welfare programs: The earned income tax credit under section 32 of the Internal Revenue Code of 1986. The child tax credit under section 24(d) of the Internal Revenue Code of 1986.

For purposes of subsection (a), 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 considered a means-tested welfare program. For purposes of this subparagraph, the term refundable portion means the portion of the credit which is paid to an individual in excess of the amount of Federal income tax owed by the individual. For purposes of subsection (a), only the costs of the free and reduced price segments of the school lunch and school breakfast programs shall be considered means-tested welfare programs.

For purposes of subsection (a), expenditures by State and local governments of funds that are— obtained by the State and local government from taxes, fees, or other sources of revenue established by the State or local government; and not received as any form of grant from the Federal Government, shall not be considered means-tested welfare programs, without regard to whether the State and local expenditures take the form of contributions to a Federal program described in subsection

(a)or listed in subsection (b).

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