S.Amdt. 3273

SA 3273. Mr. TILLIS (for himself and Mr. Heller) submitted an
amendment intended to be proposed to amendment SA 3224 proposed by Mr.
Roberts (for himself and Ms. Stabenow) 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; which was ordered to lie on the table; as follows:

On page 281, strike line 19 and insert the following:
(A) in paragraph (1)--
(i) by striking subparagraph (B);
(ii) in subparagraph (A)--

(I) by striking clauses (i) and (ii) and inserting the
following:

``(i) without good cause, fails to work or refuses to
participate in an employment and training program under
paragraph (4), a work program, or any combination of work, an
employment and training program, and a work program for--

``(I) during any of fiscal years 2021 through 2025, a
minimum of 20 hours per week, averaged monthly; and
``(II) during fiscal year 2026 and each fiscal year
thereafter, a minimum of 25 hours per week, averaged
monthly;'';
(II) by striking clause (vi);
(III) in clause (iv), by adding ``or'' after the semicolon
at the end;
(IV) in clause (v)(II), by striking ``30 hours per week;
or'' and inserting ``the applicable hourly requirement under
clause (i).'';
(V) by redesignating clauses (iii), (iv), and (v) as
clauses (ii), (iii), and (iv), respectively; and
(VI) by striking the subparagraph designation and heading
and all that follows through ``individual--'' in the matter
preceding clause (i) and inserting the following:

``(A) Definition of work program.--In this paragraph, the
term `work program' means--
``(i) a program under title I of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3111 et seq.);
``(ii) a program under section 236 of the Trade Act of 1974
(19 U.S.C. 2296); and
``(iii) a program of employment and training (other than a
program under paragraph (4)) that--

``(I) is operated or supervised by a State or political
subdivision of a State; and
``(II) achieves compliance with applicable standards
approved by--

``(aa) the chief executive officer of the State; and
``(bb) the Secretary.
``(B) General requirement.--Subject to subparagraph (C), no
physically and mentally fit individual aged not less than 18,
and not more than 59, years shall be eligible to participate
in the supplemental nutrition assistance program if the
applicable State agency determines that the individual--'';
(iii) by striking subparagraph (C) and inserting the
following:
``(C) Onset of applicability.--An individual described in
subparagraph (B) shall be ineligible to participate in the
supplemental nutrition assistance program under that
subparagraph beginning on the date that is 30 days after the
date on which the applicable State agency makes a
determination of noncompliance under that subparagraph with
respect to the individual.'';
(iv) in subparagraph (D)--

[[Page S4657]]

(I) in clause (iii)(I), by striking ``subparagraph (A)''
each place it appears and inserting ``subparagraph (B)'';
(II) in clause (iv), by striking ``subparagraph (A)(v)''and
inserting ``subparagraph (B)(iv)''; and
(III) by striking clauses (v) and (vi);

(v) by adding at the end the following:
``(F) Transition period.--During each of fiscal years 2019
and 2020, a State agency shall continue to implement and
enforce applicable work program and employment and training
program requirements in accordance with this subsection,
subsections (e) and (o) (other than paragraph (6)(F) of that
subsection), and sections 7(i), 11(e)(19), and 16 (other than
subparagraphs (A) through (D) of subsection (h)(1) of that
section) (as those provisions were in effect on the day
before the date of enactment of the Agriculture Improvement
Act of 2018).
``(G) Additional flexibility.--
``(i) In general.--On receipt of an application from a
State agency that demonstrates to the satisfaction of the
Secretary that the State agency is unable to implement and
enforce applicable work program and employment and training
program requirements in accordance with the requirements of
this Act (as amended by the Agriculture Improvement Act of
2018) that would otherwise be applicable to the work programs
and employment and training programs of the State, the
Secretary may--

``(I) for such additional period as the Secretary
determines to be appropriate, permit the State agency to
continue to implement and enforce those programs as described
in subparagraph (F); or
``(II) subject to clause (ii), provide to the State agency
a waiver of the requirement to enforce the those programs in
accordance with the requirements of this Act (as amended by
the Agriculture Improvement Act of 2018) that would otherwise
be applicable to the programs.

``(ii) Condition on waiver.--For any fiscal year during
which a waiver under clause (i)(II) is in effect with respect
to a State agency, the Secretary shall not pay to the State
agency the administrative cost payment under section 16(a).
``(H) Ineligibility.--
``(i) Notification of failure to meet work requirements.--
The State agency shall issue a notice of adverse action to an
individual by not later than 10 days after the date on which
the State agency determines that the individual has failed to
meet an applicable requirement under subparagraph (B).
``(ii) Initial violation.--The first instance in which an
individual receives a notice of adverse action under clause
(i), the individual shall remain ineligible to participate in
the supplemental nutrition assistance program until the
earliest of--

``(I) the date that is 1 year after the date on which the
individual became ineligible;
``(II) the date on which the individual obtains employment
sufficient to meet the applicable hourly requirements under
subparagraph (B)(i); and
``(III) the date on which the individual is no longer
subject to subparagraph (B).

``(iii) Subsequent violations.--The second, or any
subsequent, instance in which an individual receives a notice
of adverse action under clause (i), the individual shall
remain ineligible to participate in the supplemental
nutrition assistance program until the earliest of--

``(I) the date that is 3 years after the date on which the
individual became ineligible;
``(II) the date on which the individual obtains employment
sufficient to meet the applicable hourly requirements under
subparagraph (B)(i); and
``(III) the date on which the individual is no longer
subject to subparagraph (B).'';

(B) in paragraph (2)--
On page 282, strike lines 24 and 25 and insert the
following:
(C) by inserting after paragraph (1) (as amended by
subparagraphs (A) and (B)) the following:
On page 284, strike lines 5 through 11 and insert the
following:
``(i) work or participate in an employment and training
program under paragraph (4), a work program, or any
combination of work, an employment and training program, and
a work program for--

``(I) during any of fiscal years 2021 through 2025, a
minimum of 20 hours per week, averaged monthly; and
``(II) during fiscal year 2026 and each fiscal year
thereafter, a minimum of 25 hours per week, averaged monthly;

``(ii) participate in and comply with
On page 284, line 16, strike ``(iv)'' and insert ``(iii)''.
On page 284, line 21, strike ``50'' and insert ``59''.
Beginning on page 285, strike line 25 and all that follows
through page 287, line 14, and insert the following:
``(E) Onset of applicability.--An individual described in
subparagraph (B) shall be ineligible to participate in the
supplemental nutrition assistance program under that
subparagraph beginning on the date that is 30 days after the
date on which the applicable State agency makes a
determination of noncompliance under that subparagraph with
respect to the individual.
``(F) Ineligibility.--
``(i) Notification of failure to meet work requirements.--
The State agency shall issue a notice of adverse action to an
individual by not later than 10 days after the date on which
the State agency determines that the individual has failed to
meet an applicable requirement under subparagraph (B).
``(ii) Initial violation.--The first instance in which an
individual receives a notice of adverse action under clause
(i), the individual shall remain ineligible to participate in
the supplemental nutrition assistance program until the
earliest of--

``(I) the date that is 1 year after the date on which the
individual became ineligible;
``(II) the date on which the individual obtains employment
sufficient to meet the applicable hourly requirements under
subparagraph (B)(i); and
``(III) the date on which the individual is no longer
subject to subparagraph (B).

``(iii) Subsequent violations.--The second, or any
subsequent, instance in which an individual receives a notice
of adverse action under clause (i), the individual shall
remain ineligible to participate in the supplemental
nutrition assistance program until the earliest of--

``(I) the date that is 3 years after the date on which the
individual became ineligible;
``(II) the date on which the individual obtains employment
sufficient to meet the applicable hourly requirements under
subparagraph (B)(i); and
``(III) the date on which the individual is no longer
subject to subparagraph (B).

On page 287, line 15, strike ``(F)'' and insert ``(G)''.
On page 288, line 24, strike ``(E)'' and insert ``(F)''.
On page 291, line 13, strike ``(G)'' and insert ``(H)''.
On page 291, strike line 17 and insert the following:
other provisions of this Act.
``(I) Transition period.--During each of fiscal years 2019
and 2020, a State agency shall continue to implement and
enforce applicable work program and employment and training
program requirements in accordance with this subsection,
subsections (e) and (o) (other than paragraph (6)(F) of that
subsection), and sections 7(i), 11(e)(19), and 16 (other than
subparagraphs (A) through (D) of subsection (h)(1) of that
section) (as those provisions were in effect on the day
before the date of enactment of the Agriculture Improvement
Act of 2018).
``(J) Additional flexibility.--
``(i) In general.--On receipt of an application from a
State agency that demonstrates to the satisfaction of the
Secretary that the State agency is unable to implement and
enforce applicable work program and employment and training
program requirements in accordance with the requirements of
this Act (as amended by the Agriculture Improvement Act of
2018) that would otherwise be applicable to the work programs
and employment and training programs of the State, the
Secretary may--

``(I) for such additional period as the Secretary
determines to be appropriate, permit the State agency to
continue to implement and enforce those programs as described
in subparagraph (I); or
``(II) subject to clause (ii), provide to the State agency
a waiver of the requirement to enforce the those programs in
accordance with the requirements of this Act (as amended by
the Agriculture Improvement Act of 2018) that would otherwise
be applicable to the programs.

``(ii) Condition on waiver.--For any fiscal year during
which a waiver under clause (i)(II) is in effect with respect
to a State agency, the Secretary shall not pay to the State
agency the administrative cost payment under section
16(a).''; and
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