S.Amdt. 1107Senate113th Congress (2013-2015)

S.Amdt. 1107

What it does: Adds SEC. __. WORK REQUIREMENTS wherever appropriate
Sponsored by Mike LeeSen. Mike Lee (R-UT)
Submitted May 22, 2013

What it changes

1 change to S. 954

Adds a section
  1. Adds SEC. __. WORK REQUIREMENTS wherever appropriate

    Adds a section

    Inserted: SEC. __. WORK REQUIREMENTS.

    Inserted: (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 food stamp 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.".

    Inserted: (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:

    Inserted: "(w) Able-bodied, Work-eligible Adult.--

    Inserted: "(1) In general.--The term 'able-bodied, work-eligible adult' means an individual who--

    Inserted: "(A) is more than 18, and less than 63, years of age;

    Inserted: "(B) is not physically or mentally incapable of work; and

    Inserted: "(C) is not the full-time caretaker of a disabled adult dependent.

    Inserted: "(2) Physically or mentally incapable of work.--For purposes of paragraph (1)(B), the term 'physically or mentally incapable of work' means an individual who--

    Inserted: "(A) currently receives benefits under the supplemental security income program established under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) or another program that provides recurring benefits to individuals because the individual is disabled and unable to work; or

    Inserted: "(B) 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 established under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) or another program that provides recurring benefits to individuals because the individual is disabled and unable to work.

    Inserted: "(x) Family Head.--The term 'family head' means--

    Show 236 more inserted paragraphs

    Inserted: "(1) a biological parent who is lawfully present in the United States and resides within a household with 1 or more dependent children who are the biological offspring of the parent; or

    Inserted: "(2) in the absence of a biological parent, a step parent, adoptive parent, guardian, or adult relative who resides with and provides care to the 1 or more children and is lawfully present in the United States.

    Inserted: "(y) Family Unit.--The term 'family unit' means--

    Inserted: "(1) an adult residing without dependent children;

    Inserted: "(2) a single-headed family with dependent children; or

    Inserted: "(3) a married couple family with dependent children.

    Inserted: "(z) Family With Dependent Children.--

    Inserted: "(1) In general.--The term 'family with dependent children' means a unit consisting of a family head, 1 or more dependent children, and, if applicable, the married spouse of the family head, all of whom share meals and reside within a single household.

    Inserted: "(2) Multiple families in a household.--There may be more than 1 family with dependent children in a single household.

    Inserted: "(aa) Married Couple Family With Dependent Children.--The term 'married couple family with dependent children' means a family with dependent children that has both a family head and the married spouse of the family head residing with the family.

    Inserted: "(bb) Married Spouse of the Family Head.--The term 'married spouse of the family head' means the lawfully married spouse of the family head who--

    Inserted: "(1) resides with the family head and dependent children; and

    Inserted: "(2) is lawfully present in the United States.

    Inserted: "(cc) 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

    Inserted: "(dd) Monthly Potential Work Activation Population.--The term 'monthly potential work activation population' means the sum of--

    Inserted: "(1) all able-bodied, work-eligible adults without dependents who have received food stamp benefits and have maintained less than 60 hours of paid employment during a month;

    Inserted: "(2) all work-eligible single-headed families with dependent children that 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

    Inserted: "(3) all work-eligible married couples with dependent children that 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.

    Inserted: "(ee) Monthly Work Activation Participants.--The term 'monthly work activation participants' means the sum of--

    Inserted: "(1) all able-bodied, work-eligible adults without dependents who have received food stamp benefits and have maintained--

    Inserted: "(A) less than 60 hours of paid employment during a month; and

    Inserted: "(B) more than 60 hours of combined paid employment and work activation activity during the month;

    Inserted: "(2) all work-eligible single-headed families with dependent children that have received food stamp benefits during the month and include a family head who has maintained--

    Inserted: "(A) less than 120 hours of paid employment during the month; and

    Inserted: "(B) more than 120 hours of combined paid employment and work activation activity during the month; and

    Inserted: "(3) all work-eligible married couples with dependent children who have received food stamp benefits during the month, and have maintained--

    Inserted: "(A) less than 120 combined hours of paid employment between the family head and the spouse, combined, during the month; and

    Inserted: "(B) more than 120 hours of combined paid employment and work activation activity between the family head and the married spouse, combined, during the month.

    Inserted: "(ff) Single-headed Family With Dependent Children.--The term 'single-headed family with dependent children' means a family with dependent children that--

    Inserted: "(1) contains a family head residing with the family; but

    Inserted: "(2) does not have a married spouse of the family head residing with the family.

    Inserted: "(gg) Work Activation.--

    Inserted: "(1) In general.--The term 'work activation' means--

    Inserted: "(A) supervised job search;

    Inserted: "(B) community service activities;

    Inserted: "(C) education and job training for individuals who are family heads or married spouses of family heads;

    Inserted: "(D) workfare under section 20; or

    Inserted: "(E) drug or alcohol treatment.

    Inserted: "(2) Supervised job search.--For purposes of paragraph (1)(A), the term 'supervised job search' means a job search program that has the following characteristics:

    Inserted: "(A) The job search occurs at an official location where the presence and activity of the recipient can be directly observed, supervised, and monitored.

    Inserted: "(B) The recipient's entry, time on site, and exit from the official job search location are recorded in a manner that prevents fraud.

    Inserted: "(C) 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.

    Inserted: "(D) 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 section 29.

    Inserted: "(hh) Work Activation Ratio.--The term 'work activation ratio' means the quotient obtained by dividing--

    Inserted: "(1) the number of work activation participants in a month; by

    Inserted: "(2) the monthly potential work activation population for the month.

    Inserted: "(ii) Work Activities.--The term 'work activities' means--

    Inserted: "(1) paid employment;

    Inserted: "(2) work activation; or

    Inserted: "(3) a combination of both paid employment and work activation.

    Inserted: "(jj) Work-eligible Adult Without Dependent Children.--The term 'work-eligible adult without dependent children' means an individual who--

    Inserted: "(1) is an able-bodied, work-eligible adult; and

    Inserted: "(2) is not a family head or the married spouse of a family head.

    Inserted: "(kk) Work-eligible Family Unit.--The term 'work-eligible family unit' means--

    Inserted: "(1) an able-bodied, work-eligible adult without dependent children;

    Inserted: "(2) a work-eligible single-headed family with dependent children; or

    Inserted: "(3) a work-eligible married couple family with dependent children.

    Inserted: "(ll) 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 that contains at least 1 work-eligible, able-bodied adult who is--

    Inserted: "(1) the family head; or

    Inserted: "(2) the married spouse of the family head.

    Inserted: "(mm) 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 that has a family head who is an able-bodied, work-eligible adult.".

    Inserted: (c) Conditions of Participation.--Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)) is amended by striking subsection (d) and inserting the following:

    Inserted: "(d) Conditions of Participation.--

    Inserted: "(1) Work requirements.--

    Inserted: "(A) In general.--No able-bodied, work-eligible adult shall be eligible to participate in the food stamp program if the individual--

    Inserted: "(i) refuses, at the time of application and every 12 months thereafter, to register for employment in a manner prescribed by the Secretary;

    Inserted: "(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--

    Inserted: "(I) the applicable Federal or State minimum wage; or

    Inserted: "(II) 80 percent of the wage that would have applied 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;

    Inserted: "(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

    Inserted: "(iv) voluntarily--

    Inserted: "(I) quits a job; or

    Inserted: "(II) reduces work effort and, after the reduction, 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 that is at least equal to the reduction in work effort by the first adult.

    Inserted: "(B) Family unit ineligibility.--If an able-bodied, work-eligible adult is ineligible to participate in the food stamp program because of subparagraph (A), no other member of the family unit to which that adult belongs shall be eligible to participate.

    Inserted: "(C) Duration of ineligibility.--An able-bodied, work-eligible adult who becomes ineligible under subparagraph (A), and members of the family unit who become ineligible under subparagraph (B), shall remain ineligible for 3 months after the date on which ineligibility began.

    Inserted: "(D) Restoration of eligibility.--At the end of the 3-month period of ineligibility under subparagraph (c), members of a work-eligible family unit may have their eligibility to participate in the food stamp program restored, if--

    Inserted: "(i) the family unit is no longer a work-eligible family unit; or

    Inserted: "(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).

    Inserted: "(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.

    Inserted: "(3) Striking workers ineligible.--

    Inserted: "(A) In general.--Except as provided in subparagraphs (B) and (C) and notwithstanding any other provision of law, no member of a family shall be eligible to participate in the food stamp program at any time that any able-bodied, work-eligible adult member of the household is on strike as defined in section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142), because of a labor dispute (other than a lockout) as defined in section 2 of the National Labor Relations Act (29 U.S.C. 152).

    Inserted: "(B) Prior eligibility.--

    Inserted: "(i) In general.--Subject to clauses (ii), a family unit shall not lose eligibility to participate in the food stamp program as a result of 1 of the members of the family unit going on strike if the household was eligible immediately prior to the strike.

    Inserted: "(ii) No increased allotment.--A family unit described in clause (i) shall not receive an increased allotment as the result of a decrease in the income of the 1 or more striking members of the household.

    Inserted: "(C) Refusal to accept employment.--Ineligibility described in subparagraph (A) shall not apply to any family unit that does not contain a member on strike, if any of the members of the family unit refuses to accept employment at a plant or site because of a strike or lockout.".

    Inserted: (d) Eligibility of Students With Dependent Children.--Section 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(e)) is amended by striking paragraph (8) and inserting the following:

    Inserted: "(8) is enrolled full-time in an institution of higher education, as determined by the institution, and--

    Inserted: "(A) is a single parent with responsibility for the care of a dependent child under 12 years of age; or

    Inserted: "(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.".

    Inserted: (e) Work Requirement.--Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended by striking subsection (o) and inserting the following:

    Inserted: "(o) Fulfillment of Employment and Work Activation Requirements.--

    Inserted: "(1) In general.--If 1 or more 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 family unit complies with the employment and work activation standards.

    Inserted: "(2) Sanctions and resumption of benefits.--If 1 or more 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 comply with the work activation standards, benefits for all members of the family unit--

    Inserted: "(A) shall be terminated in accordance with section 29(c)(1); and

    Inserted: "(B) may be resumed upon compliance with section 29(c)(2).".

    Inserted: (f) 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:

    Inserted: "(r) Minor Children.--No child less than age 18 years of age may participate in the food stamp program unless the child is a member of a family with dependent children and resides with an adult who is--

    Inserted: "(1) the family head of the same family of which the child is also a member;

    Inserted: "(2) eligible to participate, and participating, in the food stamp program as a member of the same household as the child; and

    Inserted: "(3) lawfully residing, and eligible to work, in the United States.".

    Inserted: (g) 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;" at the end and inserting a semicolon.

    Inserted: (h) Work Requirements and Activation Program.--The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended by adding at the end the following:

    Inserted: "SEC. 29. WORK REQUIREMENTS AND ACTIVATION PROGRAM.

    Inserted: "(a) Employment and Work Activation Standards.--

    Inserted: "(1) In general.--A family unit with adult members that is required to participate in work activation under subsection (b) during a full month of participation in the food stamp program shall fulfill the following levels of work activity during that month:

    Inserted: "(A) Each able-bodied, work-eligible adult without dependent children shall be required to perform work activities for at least 60 hours per month.

    Inserted: "(B) 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.

    Inserted: "(C) Subject to paragraph (2), in each work-eligible married couple family with dependent children, the family head and married spouse shall be required to perform work activities that when added together for the 2 adults equal at least 120 hours per month.

    Inserted: "(2) Requirements.--

    Inserted: "(A) Single joint obligation.--The 120-hour requirement under paragraph (1)(C) 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.

    Inserted: "(B) Relationship to paid employment and work activation.--For purposes of meeting the 120-hour 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 if the sum of the work activities of the 2 individuals equals or exceeds 120 hours per month.

    Inserted: "(C) Options.--The work requirement for a work-eligible married couple family with dependent children may be fulfilled--

    Inserted: "(i) by 120 or more hours of work activity by the family head;

    Inserted: "(ii) by 120 or more hours of work activities by the married spouse; or

    Inserted: "(iii) if the combined work activities of the family head and married spouse which when added together equal or exceed 120 hours.

    Inserted: "(D) No separate work activation requirement.--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.

    Inserted: "(b) Pro Rata Reduction in Employment and Work Activation Standard During a Partial Month.--

    Inserted: "(1) In general.--A work-eligible family unit shall be subject to a pro-rated work activity standard, if the family unit--

    Inserted: "(A) receives a pro-rated monthly allotment during the initial month of enrollment under section 8(c); and

    Inserted: "(B) is required by the State to participate in the work activation program during that month.

    Inserted: "(2) Pro-rated work activity standard.--For purposes of paragraph (1), the term 'pro-rated work activity standard' means a standard that equals a number of hours of work activity of a family unit that bears the same proportion to the employment and work activation requirement for the family unit for a full month under subsection (a) as the proportion that--

    Inserted: "(A) the pro-rated monthly allotment received by the household for the partial month under section 8(c); bears to

    Inserted: "(B) the full allotment the same household would receive for a complete month.

    Inserted: "(3) Requirement.--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 that occurred during the portion of the month in which the family unit was participating in the food stamp program shall be counted.

    Inserted: "(c) Sanction for Noncompliance.--

    Inserted: "(1) Standard.--

    Inserted: "(A) In general.--If 1 or more members of a work-eligible family unit are required to participate in the work activation program under subsection (e) in a calendar month and the 1 or more individuals fail to fulfill the work activity standard under subsection (a) or (b) for that month--

    Inserted: "(i) no member of the family unit shall be eligible to receive food stamp benefits during the subsequent calendar month; and

    Inserted: "(ii) except as provided in subparagraph (B), the State agency shall not provide 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.

    Inserted: "(B) Administrative delay of sanction.--

    Inserted: "(i) In general.--Except as provided in clauses (ii) and (iii), if it is administratively infeasible for the State to not provide the food stamp benefit that would be issued at the beginning of the first month after the month of noncompliance, the State shall not provide 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.

    Inserted: "(ii) Deadline.--The sanction of benefits shall occur not later than 32 days after the end of the month of noncompliance.

    Inserted: "(iii) Relationship of payments to members of the family unit.--At least 1 monthly payment to all members of the family unit shall be not provided for each month of noncompliance under subparagraph (A).

    Inserted: "(2) Resumption of benefits after sanction.--

    Inserted: "(A) In general.--If a family unit has had the monthly benefit of the family unit not provided due to noncompliance with a work activity requirement under subsection (b), the family unit shall not be eligible to receive future benefits under the food stamp program, until--

    Inserted: "(i) the 1 or more work-eligible members of the family unit have participated in the work activation program under subsection (e) for at least 4 consecutive subsequent weeks and fulfilled the work activity standard for the family unit for that same 4-week period; or

    Inserted: "(ii) the family unit no longer contains any able-bodied, work-eligible adults.

    Inserted: "(B) Limitation.--The resumed benefits cannot restore or compensate for the benefits that were not provided due to the sanction imposed under paragraph (1).

    Inserted: "(d) Work Activation Is Not Employment.--Participation in work activation activities under this section shall--

    Inserted: "(1) not be considered to be employment; and

    Inserted: "(2) not be subject to any law pertaining to wages, compensation, hours, or conditions of employment under any law administered by the Secretary of Labor.

    Inserted: "(e) Work Activation Program.--

    Inserted: "(1) Program.--Each State participating in the food stamp program shall carry out a work activation program.

    Inserted: "(2) Purpose.--

    Inserted: "(A) In general.--The goal of each work activation program shall be to increase the employment of able-bodied, work-eligible adult food stamp recipients.

    Inserted: "(B) Requirement.--To accomplish the goal, each State shall require able-bodied adult food stamp recipients who are unemployed or under-employed to engage in work activation.

    Inserted: "(3) Target work activation ratios.--

    Inserted: "(A) In general.--Beginning on the date that is 180 days after the date of enactment of this section, a 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:

    Inserted: "(i) In 2014, the monthly target work activation ratio shall be 4 percent.

    Inserted: "(ii) In 2015 and each subsequent year, the monthly target work activation ratio shall be 7 percent.

    Inserted: "(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 the employment and work activation standards of the participants.

    Inserted: "(4) Work activation priority populations.--

    Inserted: "(A) In general.--In carrying out the work activation programs, a State shall give priority to participation by the following recipient groups:

    Inserted: "(i) Work-eligible adults without dependent children.

    Inserted: "(ii) Work-eligible adults who are also recipients of housing assistance.

    Inserted: "(iii) Other work-eligible recipients at the time of initial application for food stamp benefits.

    Inserted: "(B) Participation share.--Except as provided in subparagraph (C), at least 80 percent of the participants in a work activation program shall belong to at least 1 of the 3 priority groups listed in subparagraph (A).

    Inserted: "(C) Exception.--

    Inserted: "(i) In general.--The percentage requirement in subparagraph (B) shall not apply if the number of recipients in the 3 priority groups in the State is insufficient to meet that requirement.

    Inserted: "(ii) Priority.--In circumstances described in clause (i), the State shall continue to give priority to any recipients who belong to 1 of the 3 priority groups.

    Inserted: "(5) Reimbursable expenses of participants.--

    Inserted: "(A) In general.--A State agency shall provide payments or reimbursements to participants in work activation carried out under this section for--

    Inserted: "(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

    Inserted: "(ii) the actual costs of such dependent care expenses as 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 in which an employment, training, or education program under title IV of that Act (42 U.S.C. 601 et seq.) is in operation, on the condition that no such payment or reimbursement shall exceed the applicable local market rate.

    Inserted: "(B) Vouchers.--

    Inserted: "(i) In general.--In lieu of providing reimbursements for dependent care expenses under subparagraph (A)(ii), a State agency may, at the option of the State agency, arrange for dependent care through providers by providing vouchers to the household to allow the recipient to choose between all lawful providers.

    Inserted: "(ii) Value of vouchers.--The value of a voucher shall not exceed the average local market rate.

    Inserted: "(C) Value of services.--The value of any dependent care services provided for or arranged under subparagraph (A) or (B), or any amount received as a payment or reimbursement under subparagraph (A), shall--

    Inserted: "(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

    Inserted: "(ii) not be claimed as an employment-related expense for the purposes of the credit provided under section 21 of the Internal Revenue Code of 1986.

    Inserted: "(6) Penalties for inadequate state performance.--

    Inserted: "(A) Definitions.--In this paragraph:

    Inserted: "(i) Non-performance month.--The term 'non-performance month' means a month in which a State fails to engage food stamp recipients in work activation in sufficient numbers to meet or exceed the appropriate target work activation ratio under paragraph (3).

    Inserted: "(ii) Penalty month.--The term 'penalty month' means a month in which a State is penalized for the failure.

    Inserted: "(B) Penalty.--If, in a month, a State fails to engage food stamp recipients in work activation in sufficient numbers to meet or exceed the appropriate work activation ratio under paragraph (3), the Federal food stamp funding provided to the State in a subsequent penalty month shall be reduced in accordance with this paragraph.

    Inserted: "(C) Timing.--The penalty month shall be not later than 4 months after the non-performance month.

    Inserted: "(D) Reduction.--The amount of Federal food stamp funding a State shall receive for the penalty month shall equal the product obtained by multiplying--

    Inserted: "(i) the amount of Federal food stamp funds the State would otherwise have received; and

    Inserted: "(ii) the quotient obtained by dividing--

    Inserted: "(I) the actual monthly work activation ratio achieved by the State in the penalty month; by

    Inserted: "(II) the target monthly work activation ratio for the penalty month.

    Inserted: "(7) Rewards to states for reducing government dependence.--

    Inserted: "(A) In general.--If, in any future year, a State reduces the food stamp caseload of the State below the levels that existed in calendar year 2006, the State shall receive a financial reward for reducing dependence.

    Inserted: "(B) Amount.--The reward shall equal \1/4\ of the savings to the Federal Government for that year that resulted from the caseload reduction.

    Inserted: "(C) Use of reward.--A State may use reward funding under this paragraph for any purpose chosen by the State that--

    Inserted: "(i) provides benefits or services to individuals with incomes below 200 percent of the Federal poverty level;

    Inserted: "(ii) improves social outcomes in low-income populations;

    Inserted: "(iii) encourages healthy marriage; or

    Inserted: "(iv) increases self-sufficiency and reduces dependence.

    Inserted: "(8) Authorization of funding.--

    Inserted: "(A) In general.--There is authorized to be appropriated to the Secretary to provide funds to State governments for the purpose of carrying out work activation programs in accordance with this section $2,500,000,000 for fiscal year 2014 and each subsequent fiscal year.

    Inserted: "(B) Allocation among states.--The total amount appropriated under subparagraph (A) for a fiscal year shall be allocated among the States in accordance with the proportion of each State's share of total funding for the food stamp program under this Act in fiscal year 2007.".

    Inserted: (i) Conforming Amendments.--

    Inserted: (1) Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended--

    Inserted: (A) in subsection (a), in the second sentence, by striking ", 6(d)(2),";

    Inserted: (B) in subsection (d)(14), by striking "section 6(d)(4)(I)" and inserting "section 29";

    Inserted: (C) in subsection (e)(3)(B)(ii), by striking "subsection (d)(3)" and inserting "section 29"; and

    Inserted: (D) in the first sentence of subsection (g)(3), by striking "section 6(d)" and inserting "section 29".

    Inserted: (2) Section 7(i)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(i)(1)) is amended by striking "section 6(o)(2)" and inserting "section 6(o)".

    Inserted: (3) Section 11(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)) is amended--

    Inserted: (A) by striking paragraph (19); and

    Inserted: (B) by redesignating paragraphs (20) through (23) as paragraphs (19) through (22), respectively.

    Inserted: (4) Section 16 of the Food and Nutrition Act of 2008 (7 U.S.C. 2025) is amended--

    Inserted: (A) in subsection (b)(4), by striking "section 6(d)" and inserting "section 29"; and

    Inserted: (B) by striking subsection (h).

    Inserted: (5) Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is amended--

    Inserted: (A) in subsection (b)--

    Inserted: (i) in paragraph (1)(B)(iv)(III)--

    Inserted: (I) by striking item (bb); and

    Inserted: (II) by redesignating items (cc) through (jj) as items (bb) through (ii), respectively;

    Inserted: (ii) in paragraph (2), by striking the second sentence; and

    Inserted: (iii) in paragraph (3)(B), in the first sentence, by striking "section 6(d)" and inserting "section 29,"; and

    Inserted: (B) by striking subsection (g).

    Inserted: (6) Section 20 of the Food and Nutrition Act of 2008 (7 U.S.C. 2029) is amended--

    Inserted: (A) in subsection (b)--

    Inserted: (i) by striking paragraph (1); and

    Inserted: (ii) by redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively;

    Inserted: (B) by striking subsection (f); and

    Inserted: (C) by redesignating subsection (g) as subsection (f).

    Inserted: (7) Section 22(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2031(b)) is amended by striking paragraph (4).

    Inserted: (8) Section 26(f)(3)(E) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(f)(3)(E)) is amended by striking "(22), and (23)" and inserting "(21), and (22)".

    Inserted: (9) Section 501(b)(2)(E) of the Workforce Investment Act of 1998 (20 U.S.C. 9271(b)(2)(E)) is amended by striking "section 6(d)" and all that follows through the end and inserting "section 29 of the Food and Nutrition Act of 2008.".

    Inserted: (10) Section 112(b)(8)(A)(iii) of the Workforce Investment Act of 1998 (29 U.S.C. 2822(b)(8)(A)(iii)) is amended by striking "section 6(d)(4)" and all that follows through "(7 U.S.C. 2015(d)(4))" and inserting "section 29 of the Food and Nutrition Act of 2008".

    Inserted: (11) Section 121(b)(2)(B)(ii) of the Workforce Investment Act of 1998 (29 U.S.C. 2841(b)(2)(B)(ii)) is amended by striking "section 6(d)(4)" and all that follows through the end and inserting "section 29 of the Food and Nutrition Act of 2008;".

    Inserted: SEC. _____. CATEGORICAL ELIGIBILITY LIMITED TO CASH ASSISTANCE.

    Inserted: Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended--

    Inserted: (1) in the second sentence of subsection (a), by striking "households in which each member receives benefits" and inserting "households in which each member receives cash assistance"; and

    Inserted: (2) in subsection (j), by striking "who receives benefits" and inserting "who receives cash assistance".

    Inserted: SEC. _____. STANDARD UTILITY ALLOWANCES BASED ON THE RECEIPT OF ENERGY ASSISTANCE PAYMENTS.

    Inserted: (a) Standard Utility Allowance.--Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended--

    Inserted: (1) in subsection (e)(6)(C), by striking clause (iv), and

    Inserted: (2) in subsection (k), by striking paragraph (4) and inserting the following:

    Inserted: "(4) Third party energy assistance payments.--For purposes of subsection (d)(1), a payment made under a State law (other than a law referred to in paragraph (2)(G)) to provide energy assistance to a household shall be considered money payable directly to the household.".

    Inserted: (b) Conforming Amendments.--Section 2605(f)(2) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(f)(2)) is amended--

    Inserted: (1) in the matter preceding subparagraph (A), by striking "and for purposes of determining any excess shelter expense deduction under section 5(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e))", and

    Inserted: (2) in subparagraph (A), by inserting before the semicolon the following: ", except that such payments or allowances shall not be considered to be expended for purposes of determining any excess shelter expense deduction under section 5(e)(6) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6))".

    The amendment doesn't say where this goes; the clerk decides.

    Original wording

    At the appropriate place, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 1107. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. WORK REQUIREMENTS.

(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 food stamp 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.--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.--

“(1) In general.--The term ‘able-bodied, work-eligible adult' means an individual who--

“(A) is more than 18, and less than 63, years of age;

“(B) is not physically or mentally incapable of work; and

“(C) is not the full-time caretaker of a disabled adult dependent.

“(2) Physically or mentally incapable of work.--For purposes of paragraph (1)(B), the term ‘physically or mentally incapable of work' means an individual who--

“(A) currently receives benefits under the supplemental security income program established under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) or another program that provides recurring benefits to individuals because the individual is disabled and unable to work; or

“(B) 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 established under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) or another program that provides recurring benefits to individuals because the individual is disabled and unable to work.

“(x) 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 1 or more dependent children who are the biological offspring of the parent; or

“(2) in the absence of a biological parent, a step parent, adoptive parent, guardian, or adult relative who resides with and provides care to the 1 or more children and is lawfully present in the United States.

“(y) 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.

“(z) Family With Dependent Children.--

“(1) In general.--The term ‘family with dependent children' means a unit consisting of a family head, 1 or more dependent children, and, if applicable, the married spouse of the family head, all of whom share meals and reside within a single household.

“(2) Multiple families in a household.--There may be more than 1 family with dependent children in a single household.

“(aa) Married Couple Family With Dependent Children.--The term ‘married couple family with dependent children' means a family with dependent children that has both a family head and the married spouse of the family head residing with the family.

“(bb) Married Spouse of the Family Head.--The term ‘married spouse of the family head' means the lawfully married spouse of the family head who--

“(1) resides with the family head and dependent children; and

“(2) is lawfully present in the United States.

“(cc) 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

“(dd) Monthly Potential Work Activation Population.--The term ‘monthly potential work activation population' means the sum of--

“(1) all able-bodied, work-eligible adults without dependents who have received food stamp benefits and have maintained less than 60 hours of paid employment during a month;

“(2) all work-eligible single-headed families with dependent children that 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 that 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.

“(ee) Monthly Work Activation Participants.--The term ‘monthly work activation participants' means the sum of--

“(1) all able-bodied, work-eligible adults without dependents who have received food stamp benefits and 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 that have received food stamp benefits during the month and include 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 who 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, combined, 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, combined, during the month.

“(ff) Single-headed Family With Dependent Children.--The term ‘single-headed family with dependent children' means a family with dependent children that--

“(1) contains a family head residing with the family; but

“(2) does not have a married spouse of the family head residing with the family.

“(gg) Work Activation.--

“(1) In general.--The term ‘work activation' means--

“(A) supervised job search;

“(B) community service activities;

“(C) education and job training for individuals who are family heads or married spouses of family heads;

“(D) workfare under section 20; or

“(E) drug or alcohol treatment.

“(2) Supervised job search.--For purposes of paragraph (1)(A), the term ‘supervised job search' means a job search program that has the following characteristics:

“(A) The job search occurs at an official location where the presence and activity of the recipient can be directly observed, supervised, and monitored.

“(B) The recipient's entry, time on site, and exit from the official job search location are recorded in a manner that prevents fraud.

“(C) 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.

“(D) 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 section 29.

“(hh) Work Activation Ratio.--The term ‘work activation ratio' means the quotient obtained by dividing--

“(1) the number of work activation participants in a month; by

“(2) the monthly potential work activation population for the month.

“(ii) Work Activities.--The term ‘work activities' means--

“(1) paid employment;

“(2) work activation; or

“(3) a combination of both paid employment and work activation.

“(jj) 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 adult; and

“(2) is not a family head or the married spouse of a family head.

“(kk) 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.

“(ll) 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 that contains at least 1 work-eligible, able-bodied adult who is--

“(1) the family head; or

“(2) the married spouse of the family head.

“(mm) 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 that has a family head who is an able-bodied, work-eligible adult.”.

(c) Conditions of Participation.--Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)) is amended by striking subsection (d) and inserting the following:

“(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 applied 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, 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 that is at least 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), 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 adult who becomes ineligible under subparagraph (A), and members of the family unit who become ineligible under subparagraph (B), shall remain ineligible for 3 months after the date on which ineligibility began.

“(D) Restoration of eligibility.--At the end of the 3-month period of ineligibility under subparagraph (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 a 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.--

“(A) In general.--Except as provided in subparagraphs (B) and (C) and notwithstanding any other provision of law, no member of a family shall be eligible to participate in the food stamp program at any time that any able-bodied, work-eligible adult member of the household is on strike as defined in section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142), because of a labor dispute (other than a lockout) as defined in section 2 of the National Labor Relations Act (29 U.S.C. 152).

“(B) Prior eligibility.--

“(i) In general.--Subject to clauses (ii), a family unit shall not lose eligibility to participate in the food stamp program as a result of 1 of the members of the family unit going on strike if the household was eligible immediately prior to the strike.

“(ii) No increased allotment.--A family unit described in clause (i) shall not receive an increased allotment as the result of a decrease in the income of the 1 or more striking members of the household.

“(C) Refusal to accept employment.--Ineligibility described in subparagraph (A) shall not apply to any family unit that does not contain a member on strike, if any of the members of the family unit refuses to accept employment at a plant or site because of a strike or lockout.”.

(d) Eligibility of Students With Dependent Children.--Section 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(e)) is amended by striking paragraph (8) and inserting the following:

“(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.”.

(e) Work Requirement.--Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended by striking subsection (o) and inserting the following:

“(o) Fulfillment of Employment and Work Activation Requirements.--

“(1) In general.--If 1 or more 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 family unit complies with the employment and work activation standards.

“(2) Sanctions and resumption of benefits.--If 1 or more 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 comply with the work activation standards, benefits for all members of the family unit--

“(A) shall be terminated in accordance with section 29(c)(1); and

“(B) may be resumed upon compliance with section 29(c)(2).”.

(f) 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 the 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 participating, in the food stamp program as a member of the same household as the child; and

“(3) lawfully residing, and eligible to work, in the United States.”.

(g) 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;” at the end and inserting a semicolon.

(h) Work Requirements and Activation Program.--The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended by adding at the end the following:

“SEC. 29. WORK REQUIREMENTS AND ACTIVATION PROGRAM.

“(a) Employment and Work Activation Standards.--

“(1) In general.--A family unit with adult members that is required to participate in work activation under subsection (b) during a full month of participation in the food stamp program shall fulfill the following levels of work activity during that month:

“(A) Each able-bodied, work-eligible adult without dependent children shall be required to perform work activities for at least 60 hours per month.

“(B) 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.

“(C) Subject to paragraph (2), in each work-eligible married couple family with dependent children, the family head and married spouse shall be required to perform work activities that when added together for the 2 adults equal at least 120 hours per month.

“(2) Requirements.--

“(A) Single joint obligation.--The 120-hour requirement under paragraph (1)(C) 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.

“(B) Relationship to paid employment and work activation.--For purposes of meeting the 120-hour 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 if the sum of the work activities of the 2 individuals equals or exceeds 120 hours per month.

“(C) Options.--The work requirement for a work-eligible married couple family with dependent children may be fulfilled--

“(i) by 120 or more hours of work activity by the family head;

“(ii) by 120 or more hours of work activities by the married spouse; or

“(iii) if the combined work activities of the family head and married spouse which when added together equal or exceed 120 hours.

“(D) No separate work activation requirement.--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) In general.--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) Pro-rated work activity standard.--For purposes of paragraph (1), the term ‘pro-rated work activity standard' means a standard that equals a number of hours of work activity of a family unit that bears the same proportion to the employment and work activation requirement for the family unit for a full month under subsection (a) as the proportion that--

“(A) the pro-rated monthly allotment received by the household for the partial month under section 8(c); bears to

“(B) the full allotment the same household would receive for a complete month.

“(3) Requirement.--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 that 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) Standard.--

“(A) In general.--If 1 or more members of a work-eligible family unit are required to participate in the work activation program under subsection (e) in a calendar month and the 1 or more individuals fail to fulfill the work activity standard under subsection (a) or (b) for that month--

“(i) no member of the family unit shall be eligible to receive food stamp benefits during the subsequent calendar month; and

“(ii) except as provided in subparagraph (B), the State agency shall not provide 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.

“(B) Administrative delay of sanction.--

“(i) In general.--Except as provided in clauses (ii) and (iii), if it is administratively infeasible for the State to not provide the food stamp benefit that would be issued at the beginning of the first month after the month of noncompliance, the State shall not provide 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.

“(ii) Deadline.--The sanction of benefits shall occur not later than 32 days after the end of the month of noncompliance.

“(iii) Relationship of payments to members of the family unit.--At least 1 monthly payment to all members of the family unit shall be not provided for each month of noncompliance under subparagraph (A).

“(2) Resumption of benefits after sanction.--

“(A) In general.--If a family unit has had the monthly benefit of the family unit not provided due to noncompliance with a work activity requirement under subsection (b), the family unit shall not be eligible to receive future benefits under the food stamp program, until--

“(i) the 1 or more work-eligible members of the family unit have participated in the work activation program under subsection (e) for at least 4 consecutive subsequent weeks and fulfilled the work activity standard for the family unit for that same 4-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 not provided due to the sanction imposed under paragraph (1).

“(d) Work Activation Is Not Employment.--Participation in work activation activities under this section shall--

“(1) not be considered to be employment; and

“(2) not be subject to any law pertaining to wages, compensation, hours, or conditions of employment under any law administered by the Secretary of Labor.

“(e) Work Activation Program.--

“(1) Program.--Each State participating in the food stamp program shall carry out a work activation program.

“(2) Purpose.--

“(A) In general.--The goal of each work activation program shall be to increase the employment of able-bodied, work-eligible adult food stamp recipients.

“(B) Requirement.--To accomplish the 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.--Beginning on the date that is 180 days after the date of enactment of this section, a 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 2014, the monthly target work activation ratio shall be 4 percent.

“(ii) In 2015 and each subsequent year, 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 the employment and work activation standards of the participants.

“(4) Work activation priority populations.--

“(A) In general.--In carrying out the work activation programs, a State 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 food stamp benefits.

“(B) Participation share.--Except as provided in subparagraph (C), at least 80 percent of the participants in a work activation program shall belong to at least 1 of the 3 priority groups listed in subparagraph (A).

“(C) Exception.--

“(i) In general.--The percentage requirement in subparagraph (B) shall not apply if the number of recipients in the 3 priority groups in the State is insufficient to meet that requirement.

“(ii) Priority.--In circumstances described in clause (i), the State shall continue to give priority to any recipients who belong to 1 of the 3 priority groups.

“(5) Reimbursable expenses of participants.--

“(A) In general.--A 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 as 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 in which an employment, training, or education program under title IV of that Act (42 U.S.C. 601 et seq.) is in operation, on the condition that no such payment or reimbursement shall exceed the applicable local market rate.

“(B) Vouchers.--

“(i) In general.--In lieu of providing reimbursements for dependent care expenses under subparagraph (A)(ii), a State agency may, at the option of the State agency, arrange for dependent care through providers by providing vouchers to the household to allow the recipient to choose between all lawful providers.

“(ii) Value of vouchers.--The value of a voucher shall not exceed the average local market rate.

“(C) Value of services.--The value of any dependent care services provided for or arranged under subparagraph (A) or (B), or any amount received as a payment or reimbursement under subparagraph (A), 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 the Internal Revenue Code of 1986.

“(6) Penalties for inadequate state performance.--

“(A) Definitions.--In this paragraph:

“(i) Non-performance month.--The term ‘non-performance month' means a month in which a State fails to engage food stamp recipients in work activation in sufficient numbers to meet or exceed the appropriate target work activation ratio under paragraph (3).

“(ii) Penalty month.--The term ‘penalty month' means a month in which a State is penalized for the failure.

“(B) Penalty.--If, in a month, a State fails to engage food stamp recipients in work activation in sufficient numbers to meet or exceed the appropriate work activation ratio under paragraph (3), the Federal food stamp funding provided to the State in a subsequent penalty month shall be reduced in accordance with this paragraph.

“(C) Timing.--The penalty month shall be not later than 4 months after the non-performance month.

“(D) Reduction.--The amount of Federal food stamp funding a State shall receive for the penalty month shall equal the product obtained by multiplying--

“(i) the amount of Federal food stamp funds the State would otherwise have received; and

“(ii) the quotient obtained by dividing--

“(I) the actual monthly work activation ratio achieved by the State in the penalty month; by

“(II) the target monthly work activation ratio for the penalty month.

“(7) Rewards to states for reducing government dependence.--

“(A) In general.--If, in any future year, a State reduces the food stamp caseload of the State below the levels that existed in calendar year 2006, the State shall receive a financial reward for reducing dependence.

“(B) Amount.--The reward shall equal \1/4\ of the savings to the Federal Government for that year that resulted from the caseload reduction.

“(C) Use of reward.--A State may use reward funding under this paragraph for any purpose chosen by the State that--

“(i) provides benefits or services to individuals with incomes below 200 percent of the Federal poverty level;

“(ii) improves social outcomes in low-income populations;

“(iii) encourages healthy marriage; or

“(iv) increases self-sufficiency and reduces dependence.

“(8) Authorization of funding.--

“(A) In general.--There is authorized to be appropriated to the Secretary to provide funds to State governments for the purpose of carrying out work activation programs in accordance with this section $2,500,000,000 for fiscal year 2014 and each subsequent fiscal year.

“(B) Allocation among states.--The total amount appropriated under subparagraph (A) for a fiscal year shall be allocated among the States in accordance with the proportion of each State's share of total funding for the food stamp program under this Act in fiscal year 2007.”.

(i) Conforming Amendments.--

(1) Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended--

(A) in subsection (a), in the second sentence, by striking “, 6(d)(2),”;

(B) in subsection (d)(14), by striking “section 6(d)(4)(I)” and inserting “section 29”;

(C) in subsection (e)(3)(B)(ii), by striking “subsection (d)(3)” and inserting “section 29”; and

(D) in the first sentence of subsection (g)(3), by striking “section 6(d)” and inserting “section 29”.

(2) Section 7(i)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(i)(1)) is amended by striking “section 6(o)(2)” and inserting “section 6(o)”.

(3) Section 11(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)) is amended--

(A) by striking paragraph (19); and

(B) by redesignating paragraphs (20) through (23) as paragraphs (19) through (22), respectively.

(4) Section 16 of the Food and Nutrition Act of 2008 (7 U.S.C. 2025) is amended--

(A) in subsection (b)(4), by striking “section 6(d)” and inserting “section 29”; and

(B) by striking subsection (h).

(5) Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is amended--

(A) in subsection (b)--

(i) in paragraph (1)(B)(iv)(III)--

(I) by striking item (bb); and

(II) by redesignating items (cc) through (jj) as items (bb) through (ii), respectively;

(ii) in paragraph (2), by striking the second sentence; and

(iii) in paragraph (3)(B), in the first sentence, by striking “section 6(d)” and inserting “section 29,”; and

(B) by striking subsection (g).

(6) Section 20 of the Food and Nutrition Act of 2008 (7 U.S.C. 2029) is amended--

(A) in subsection (b)--

(i) by striking paragraph (1); and

(ii) by redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively;

(B) by striking subsection (f); and

(C) by redesignating subsection (g) as subsection (f).

(7) Section 22(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2031(b)) is amended by striking paragraph (4).

(8) Section 26(f)(3)(E) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(f)(3)(E)) is amended by striking “(22), and (23)” and inserting “(21), and (22)”.

(9) Section 501(b)(2)(E) of the Workforce Investment Act of 1998 (20 U.S.C. 9271(b)(2)(E)) is amended by striking “section 6(d)” and all that follows through the end and inserting “section 29 of the Food and Nutrition Act of 2008.”.

(10) Section 112(b)(8)(A)(iii) of the Workforce Investment Act of 1998 (29 U.S.C. 2822(b)(8)(A)(iii)) is amended by striking “section 6(d)(4)” and all that follows through “(7 U.S.C. 2015(d)(4))” and inserting “section 29 of the Food and Nutrition Act of 2008”.

(11) Section 121(b)(2)(B)(ii) of the Workforce Investment Act of 1998 (29 U.S.C. 2841(b)(2)(B)(ii)) is amended by striking “section 6(d)(4)” and all that follows through the end and inserting “section 29 of the Food and Nutrition Act of 2008;”.

SEC. _____. CATEGORICAL ELIGIBILITY LIMITED TO CASH ASSISTANCE.

Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended--

(1) in the second sentence of subsection (a), by striking “households in which each member receives benefits” and inserting “households in which each member receives cash assistance”; and

(2) in subsection (j), by striking “who receives benefits” and inserting “who receives cash assistance”.

SEC. _____. STANDARD UTILITY ALLOWANCES BASED ON THE RECEIPT OF ENERGY ASSISTANCE PAYMENTS.

(a) Standard Utility Allowance.--Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended--

(1) in subsection (e)(6)(C), by striking clause (iv), and

(2) in subsection (k), by striking paragraph (4) and inserting the following:

“(4) Third party energy assistance payments.--For purposes of subsection (d)(1), a payment made under a State law (other than a law referred to in paragraph (2)(G)) to provide energy assistance to a household shall be considered money payable directly to the household.”.

(b) Conforming Amendments.--Section 2605(f)(2) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(f)(2)) is amended--

(1) in the matter preceding subparagraph (A), by striking “and for purposes of determining any excess shelter expense deduction under section 5(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e))”, and

(2) in subparagraph (A), by inserting before the semicolon the following: “, except that such payments or allowances shall not be considered to be expended for purposes of determining any excess shelter expense deduction under section 5(e)(6) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6))”.

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Senate amendment submitted

May 22, 2013