[Congressional Record Volume 164, Number 109 (Thursday, June 28, 2018)]
[Senate]
[Pages S4764-S4766]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3383. Mr. KENNEDY (for himself, Mr. Cruz, Mr. Lee, and Mr. Inhofe)
proposed an amendment to the bill H.R. 2, to provide for the reform and
continuation of agricultural and other programs of the Department of
Agriculture through fiscal year 2023, and for other purposes; as
follows:
Strike section 4103 and insert the following:
SEC. 4103. WORK REQUIREMENTS FOR ABLE-BODIED ADULTS WITHOUT
DEPENDENTS.
(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 purpose of the supplemental nutrition
assistance program to increase employment, to encourage
healthy marriage, and to promote prosperous self-sufficiency,
which means the ability of households to maintain an income
above the poverty level without services and benefits from
the Federal Government.''.
(b) Definitions.--
(1) Food.--Section 3(k) of the Food and Nutrition Act of
2008 (7 U.S.C. 2012(k)) is amended by inserting before the
period at the end the following: ``, except that a food, food
product, meal, or other item described in this subsection
shall be considered a food under this Act only if it is an
essential (as determined by the Secretary)''.
(2) Supervised job search.--Section 3 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012) is amended--
(A) by redesignating subsections (t) through (v) as
subsections (u) through (w), respectively; and
(B) by inserting after subsection (s) the following:
``(t) Supervised Job Search.--The term `supervised job
search' means a job search program that has the following
characteristics:
``(1) The job search occurs at an official location where
the presence and activity of the recipient can be directly
observed, supervised, and monitored.
``(2) The entry, time onsite, and exit of the recipient
from the official job search location are recorded in a
manner that prevents fraud.
``(3) The recipient is expected to remain and undertake job
search activities at the job search center.
``(4) The quantity of time the recipient is observed and
monitored engaging in job search at the official location is
recorded for purposes of compliance with the work and work
activation requirements of sections 6(o) and 30.''.
(3) Conforming amendment.--Section 27(a)(2) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2036(a)(2)) is amended in
subparagraphs (C) and (E) by striking ``3(u)(4)'' each place
it appears and inserting ``3(v)(4)''.
(c) Work Requirement for Able-Bodied Adults Without
Dependents.--Section 6(o) of the Food and Nutrition Act of
2008 (7 U.S.C. 2015(o)) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``not less than 3 months (consecutive or otherwise)'' and
inserting ``more than 1 month'';
(B) in subparagraph (C), by striking ``or'' at the end;
(C) in subparagraph (D), by striking the period at the end
and inserting ``; or''; and
(D) by adding at the end the following:
``(E) participate in supervised job search for at least 8
hours per week.'';
(2) in paragraph (4), by adding at the end the following:
``(C) Termination.--Subparagraph (A) shall not apply with
respect to any fiscal year that begins after the effective
date of the Agriculture Improvement Act of 2018.'';
(3) in paragraph (6)--
(A) in the paragraph heading, by striking ``15-percent''
and inserting ``5-percent'';
(B) in subparagraph (A)(ii)(IV), by striking ``3 months''
and inserting ``1 month''; and
(C) in subparagraph (D), by striking ``15 percent'' and
inserting ``5 percent''; and
(4) by adding at the end the following:
``(8) Promoting work.--As a condition of receiving
supplemental nutrition assistance program funds under this
Act, a State agency shall provide each individual subject to
the work requirement of this subsection with the opportunity
to participate in an activity selected by the State from
among the options described in subparagraphs (B), (C), and
(E) of paragraph (2).
``(9) Penalties for inadequate state performance.--If a
State agency fails to fully comply with this section,
including the requirement to terminate the benefits of
individuals who fail to fulfill the work requirements
described in paragraph (2) during a fiscal quarter, the
funding allotment of the State for the supplemental nutrition
assistance program shall be reduced by 10 percent for the
quarter that begins 180 days after the first day of the
quarter in which the noncompliance occurred.''.
(d) Work Activation Program for Adults With Dependent
Children.--The Food and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.) is amended by adding at the end the following:
``SEC. 30. WORK ACTIVATION PROGRAM FOR ADULTS WITH DEPENDENT
CHILDREN.
``(a) Definitions.--In this section:
``(1) Eligible participant.--The term `eligible
participant' means an individual who, during a particular
month, is--
``(A) a parent in a household with dependent children;
``(B) at least 19, and not more than 55, years of age;
``(C) not disabled;
``(D) a member of a household in which 1 or more parents or
children receive supplemental nutrition assistance program
benefits in the month;
``(E) a member of a household that received supplemental
nutrition assistance program benefits for more than 3 months
in the year; and
``(F) employed less than 100 hours in the month.
``(2) Married couple household.--The term `married couple
household' means a household that includes 2 eligible
participants who are married to each other and have dependent
children.
``(3) Successful engagement in work activation.--The term
`successful engagement in work activation' means--
``(A) in the case of an individual who is eligible and
required to participate in interim work activation,
performance during the month that fulfills the activity and
hour requirements of subsection (c);
``(B) in the case of an individual who is required to
participate in full work activation, performance during the
month that fulfills the activity and hour requirements of
subsection (d); and
``(C) in the case of an individual who meets the
eligibility criteria described in subsection (e)(1),
performance that fulfills the activity and hour requirements
of that subsection.
``(4) Work and work preparation activities.--The term `work
and work preparation activities' means--
``(A) unsubsidized employment;
``(B) subsidized private sector employment;
``(C) subsidized public sector employment;
``(D) work experience (including work associated with the
refurbishing of publicly assisted housing) if sufficient
private sector employment is not available;
``(E) on-the-job training;
``(F) job readiness assistance;
``(G) a community service program;
``(H) vocational educational training (not to exceed 1 year
with respect to any individual);
``(I) job skills training directly related to employment;
``(J) education directly related to employment, in the case
of a recipient who has not received a high school diploma or
a certificate of high school equivalency;
``(K) satisfactory attendance at secondary school or in a
course of study leading to a certificate of general
equivalence, in the case of a recipient who has not completed
[[Page S4765]]
secondary school or received such a certificate;
``(L) the provision of child care services to an individual
who is participating in a community service program;
``(M) workfare under section 20; and
``(N) supervised job search.
``(b) Work Activation Program.--
``(1) In general.--As a condition of receiving supplemental
nutrition assistance program funds under this Act, a State
agency shall be required to operate a work activation program
for eligible participants.
``(2) Special rules for married couple households.--
``(A) In general.--In the case of eligible participants who
are spouses in a married couple household--
``(i) the work activation requirement of this section shall
apply only if the sum of the combined current employment of
both spouses is less than 100 hours per month; and
``(ii) both spouses shall be considered to have achieved
successful engagement in the work activation program if
either spouse fulfills the work activation requirements
described in subsection (c), (d), or (e)(1).
``(B) Total required hours.--The total combined number of
hours of required work and work preparation activities for
both spouses in a married couple household shall not be
greater than the total number of hours required for a single
head of household.
``(C) Requirement.--In carrying out this section, a State
agency shall ensure that, for any month--
``(i) the proportion that--
``(I) the number of married couple households that are
required to participate in work activation under this section
in a month; bears to
``(II) the number of all households that are required to
participate in work activation under this section in the same
month; is not greater than--
``(ii) the proportion that--
``(I) the number of all married couple households with
eligible participants in the month; bears to
``(II) the number of all households with eligible
participants in the same month.
``(c) Short-Term Interim Work Activation.--
``(1) In general.--A State agency may require eligible
participants who meet the criteria in paragraph (2) to engage
in--
``(A) interim work activation as described in this
subsection; or
``(B) full work activation as described in subsection (d).
``(2) Eligibility.--A State agency may require an eligible
participant to participate in interim work activation instead
of full work activation if the eligible participant has not
engaged in work activation under this section in the
preceding 3 years.
``(3) Required job search.--A participant in interim work
activation shall be required--
``(A) to participate in supervised job search for at least
6 hours per week; and
``(B) to engage in such additional activities as the State
agency may require.
``(4) Time limit on interim work activation.--
``(A) In general.--An eligible participant shall not
participate in interim work activation for more than 3
months.
``(B) Additional time.--After an eligible participant has
participated in interim work activation for 3 months, the
State agency shall require the eligible participant--
``(i) to maintain at least 100 hours of employment per
month; or
``(ii) to participate in full work activation.
``(d) Full Work Activation.--
``(1) In general.--As a condition of receiving supplemental
nutrition assistance program funds under this Act, a State
agency shall require all or part of the eligible participants
in the State to engage in full work activation under this
section.
``(2) Requirements.--An eligible participant who is
required to participate in full work activation in a month
shall be required to engage in 1 or more work and work
preparation activities for an average of 100 hours per month.
``(3) Limitation.--Of the total number of required hours
described in paragraph (2), not fewer than 20 hours per week
shall be attributable to an activity described in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (L),
(M), or (N) of subsection (a)(4).
``(4) Participation in community service or workfare.--At
least 10 percent of the eligible participants that a State
requires to participate in full work activation under this
section shall be required to participate in activities
described in subparagraph (D), (G), or (M) of subsection
(a)(4).
``(5) Work activation not employment.--Other than
unsubsidized employment described in subsection (a)(4)(A),
participation in work and work preparation activities under
this section shall not be--
``(A) considered to be employment; or
``(B) subject to any law pertaining to wages, compensation,
hours, or conditions of employment under any law administered
by the Secretary of Labor.
``(6) Additional required activity.--Except as provided in
subsection (g), nothing in this section prevents a State from
requiring more than 100 hours per month of participation in
work and work preparation activities.
``(e) Limitations and Special Rules.--
``(1) Single teen head of household or married teen who
maintains satisfactory school attendance.--For purposes of
determining monthly participation rates under this section,
an eligible participant who is married or a head of household
and who has not attained 20 years of age shall be considered
to have completed successful engagement in work activation
for a month if the eligible participant--
``(A) maintains satisfactory attendance at secondary school
or the equivalent during the month; or
``(B) participates in education directly related to
employment for an average of at least 20 hours per week
during the month.
``(2) Limitation on number of persons who may be treated as
engaged in work activation by reason of participation in
educational activities.--For purposes of determining monthly
participation rates under this section, not more than 30
percent of the number of individuals in a State who are
treated as having completed successful engagement in work
activation for a month may be individuals who are determined
to be engaged in work activation for the month by reason of
participation in vocational educational training.
``(f) State Option for Participation Requirement
Exemptions.--
``(1) In general.--For any fiscal year, a State agency, at
the option of the State agency, may--
``(A) exempt a household that includes a child who has not
attained 12 months of age from engaging in work activation;
and
``(B) disregard that household in determining the monthly
participation rates under this section until the child has
attained 12 months of age.
``(2) Exclusion.--For purposes of determining monthly
participation rates under this section, a household that
includes a child who has not attained 6 years of age shall be
considered to be successfully engaged in work activation for
a month if a member of the household receiving supplemental
nutrition assistance program benefits is engaged in work
activation for an average of at least 20 hours per week
during the month.
``(g) Penalties Against Individuals.--
``(1) In general.--Except as provided in paragraph (3), if
an eligible participant in a household receiving assistance
under the State program funded under this section fails to
complete successful engagement in work activation in
accordance with this section, the State agency shall--
``(A) in accordance with paragraph (2), reduce the amount
of assistance otherwise payable to the entire household pro
rata (or more, at the option of the State agency) with
respect to the month immediately after any month in which the
eligible participant fails to perform; or
``(B) terminate the assistance entirely.
``(2) Pro rata reduction.--For purposes of paragraph
(1)(A), the amount of the pro rata reduction shall equal the
product obtained by multiplying--
``(A) the normal monthly amount of assistance to the entire
household that would have been received if not for the
reduction under paragraph (1)(A); by
``(B) the proportion that--
``(i) the hours of required work and work preparation
activities performed by the eligible participant during the
month; bears to
``(ii) the number or hours of work and work preparation
activities the State agency required the eligible participant
to perform in accordance with this section.
``(3) Exception.--A State may not reduce or terminate
assistance under the State program funded under this section
or any other State program funded with qualified State
expenditures (as defined in section 409(a)(7)(B) of the
Social Security Act (42 U.S.C. 609(a)(7)(B))) based on a
refusal of an eligible participant to engage in work and work
preparation activities required under this section if--
``(A) the eligible participant is a single custodial parent
caring for a child who has not attained 6 years of age; and
``(B) the eligible participant proves that the eligible
participant has a demonstrated inability (as determined by
the State agency) to obtain needed child care, due to--
``(i) unavailability of appropriate child care within a
reasonable distance from the home or work site of the
eligible participant; or
``(ii) unavailability of all affordable child care
arrangements, including formal child care and all informal
child care by a relative or under other arrangements.
``(h) Limitation on Hours of Required Participation in
Community Service or Workfare.--
``(1) In general.--The maximum number of hours during a
month that an eligible participant shall be required under
this section to work in a community service program or a
workfare program under section 20 shall not exceed the
quotient obtained by dividing--
``(A) the total dollar cost of all means-tested benefits
received by the household for that month, as determined under
paragraph (2); by
``(B) the Federal minimum wage.
``(2) Total dollar cost of all means-tested benefits
defined.--
``(A) In general.--Except as provided in subparagraph (B),
the total dollar cost of all means-tested benefits shall
equal the sum of the dollar cost of all benefits received by
the household from--
``(i) the supplemental nutrition assistance program;
``(ii) the State program funded under part A of title IV of
the Social Security Act (42
[[Page S4766]]
U.S.C. 601 et seq.) or any other State program funded with
qualified State expenditures (as defined in section
409(a)(7)(B)(i) of that Act (42 U.S.C. 609(a)(7)(B)(i))); and
``(iii) any assistance provided to a household, landlord,
or public housing agency (as defined in section 3(b)(6) of
the United States Housing Act of 1937 (42 U.S.C.
1437a(b)(6))) to subsidize the rental payment for a dwelling
unit, including assistance provided for public housing
dwelling units under section 3 of the United States Housing
Act of 1937 (42 U.S.C. 1437a) and assistance provided under
section 8 of that Act (42 U.S.C. 1437f).
``(B) Value of benefits during sanction.--For purposes of
subparagraph (A), if the dollar value of 1 or more benefits
received by a household in a month has been reduced under
subsection (g) or another sanction requirement, the
calculated dollar value of the sanctioned benefits shall
equal the dollar value of the benefit that would have been
received if the benefit had not been reduced by the sanction.
``(3) Additional activities.--Nothing in this subsection
prevents a State agency from requiring an eligible
participant to engage in activities not described in
paragraph (1) for additional hours during the month.
``(i) Work Activation Participation Goals.--
``(1) In general.--As a condition of receiving supplemental
nutrition assistance program funds under this Act, except as
provided in paragraph (2), a State agency shall achieve for
each quarter of the fiscal year with respect to all eligible
participants receiving assistance under the State program
funded under this section for that fiscal year at least the
participation rate specified in the following table:
------------------------------------------------------------------------
The quarterly participation
``If the fiscal year is: rate shall be at least:
------------------------------------------------------------------------
2019..................................... 20 percent
2020..................................... 35 percent
2021..................................... 50 percent
2022..................................... 65 percent
2023..................................... 80 percent.
------------------------------------------------------------------------
``(2) Adjustment if recessionary period.--If the average
national unemployment rate during a quarter of a fiscal year,
as determined by the Bureau of Labor Statistics of the
Department of Labor, is more than 8 percent, the
participation goal for the immediately succeeding quarter
shall equal the product obtained by multiplying--
``(A) the applicable quarterly participation rate under
paragraph (1); by
``(B) 0.8.
``(j) Calculation of Work Activation Participation Rates.--
``(1) Definition of sanctioned recipient.--In this
subsection, the term `sanctioned recipient' means any
eligible participant who--
``(A) was required to participate in work activation in a
month;
``(B) failed to perform the assigned work and work
preparation activities so as to meet the relevant hourly
requirements in subsection (c), (d), or (e)(2); and
``(C) was sanctioned by a reduced benefit payment in the
subsequent month under subsection (g).
``(2) Requirements.--The work activation participation rate
for a State for any quarter of a fiscal year shall equal the
average of the monthly participation rates for the State
during the 3 months of that quarter.
``(3) Monthly participation rate.--For purposes of
paragraph (2), the monthly participation rate shall equal the
ratio of all countable participants to all eligible
participants in the month, as determined under paragraph (4).
``(4) Ratio of all countable participants to all eligible
participants.--Subject to paragraph (5), the ratio of all
countable participants to all eligible participants in a
month equals the proportion that--
``(A) the sum obtained by adding--
``(i) all eligible participants who--
``(I) were required by the State to engage in interim work
activation, full work activation, or education under
subsection (e)(1) during the month; and
``(II) fulfilled the criteria for successful engagement in
work activation for that activity during the month; and
``(ii) all sanctioned recipients for that month; bears to
``(B) the average number of eligible participants in the
State in that month.
``(5) Multiple eligible participants.--A married couple
household consisting of more than 1 eligible participant
shall be counted as a single eligible participant for
purposes of calculating the participation rate under this
subsection.
``(k) Penalties for Inadequate State Performance.--
``(1) In general.--Beginning in the first quarter of fiscal
year 2020 and for each subsequent quarter of fiscal year 2020
and of each subsequent fiscal year, each State shall count
the monthly average number of countable participants under
this section.
``(2) Reduction in funding.--If the monthly average number
of countable participants in a State of a fiscal year is not
sufficient to fulfill the relevant work activation
participation goal under subsection (i) during that quarter,
the supplemental nutrition assistance program funding for the
State under this Act shall be reduced for the fiscal quarter
that begins 180 days after the first day of the quarter in
which the inadequate performance occurred in accordance with
paragraph (3).
``(3) Funding in penalized quarter.--The total amount of
funding a State shall receive for all households with
eligible participants for a quarter for which funding is
reduced under paragraph (2) shall equal the product obtained
by multiplying--
``(A) the total amount of funding that the State would have
received in the preceding quarter for all households with
eligible participants if no reduction had been in place; by
``(B) the ratio of all countable participants to all
eligible participants (as determined under subsection (j)(4))
for the quarter that began 180 days before the first day of
the quarter for which funding is reduced.
``(l) Funding To Administer Work Activation.--
``(1) TANF funding.--
``(A) In general.--Notwithstanding any other provision of
law, for fiscal year 2019 and each subsequent fiscal year, a
State that receives supplemental nutrition assistance program
funds under this Act may use during that fiscal year to carry
out the work activation program of the State under this
section--
``(i) any of the Federal funds available to the State
through the State program funded under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.) in that
fiscal year; and
``(ii) any of the funds from State sources allocated to the
operation of the program described in clause (i).
``(B) Effect.--Any State that uses State funds allocated to
the State program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) to administer the
work activation program of that State under this section may
treat those funds as qualified State expenditures (as defined
in section 409(a)(7)(B)(i) of that Act (42 U.S.C.
609(a)(7)(B)(i))) for purposes of meeting the requirements of
section 409(a)(7) of that Act (42 U.S.C. 609(a)(7)) in that
fiscal year.
``(2) Workforce investment act funding.--Notwithstanding
any other provision of law, for fiscal year 2019 and each
subsequent fiscal year, a State that receives Federal funds
under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.) may use up to 50 percent of those funds during that
fiscal year to carry out the work activation program of the
State under this section.
``(3) Supplemental nutrition assistance program employment
and training program.--Notwithstanding any other provision of
law, for fiscal year 2019 and each subsequent fiscal year, a
State that receives Federal funds under this Act for an
employment and training program under section 6(d) may use
those funds during that fiscal year to carry out the work
activation program of the State under this section.''.
(e) Identification for Card Use.--Section 7(h)(9) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(9)) is
amended--
(1) in the paragraph heading, by striking ``Optional
photographic identification'' and inserting ``Identification
for card use'';
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting appropriately;
(3) by inserting before clause (i) (as so redesignated) the
following:
``(A) Listed beneficiaries.--A State agency shall require
that an electronic benefit card lists the names of--
``(i) the head of the household;
``(ii) each adult member of the household; and
``(iii) each adult that is not a member of the household
that is authorized to use that card.
``(B) Photographic identification required.--
``(i) In general.--Except as provided under clause (ii),
any individual listed on an electronic benefit card under
subparagraph (A) shall be required to show photographic
identification at the point of sale when using the card.
``(ii) Head of household.--A head of a household is not
required to show photographic identification under clause (i)
if the electronic benefit card contains a photograph of that
individual under subparagraph (C)(i).
``(C) Optional photographic identification.--'';
(4) in subparagraph (C) (as so designated)--
(A) in clause (i) (as so redesignated), by striking ``1 or
more members of a'' and inserting ``the head of the''; and
(B) in clause (ii) (as so redesignated)--
(i) by striking ``subparagraph (A)'' and inserting ``clause
(i)''; and
(ii) by inserting ``subject to subparagraph (B)(i)'' after
``the card''; and
(5) by adding at the end the following:
``(D) Visual verification.--Any individual that is shown
photographic identification or an electronic benefit card
containing a photograph, as applicable, under subparagraph
(B) shall visually confirm that the photograph on the
identification or the electronic benefit card, as applicable,
is a clear and accurate likeness of the individual using the
electronic benefit card.''.
______