[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6722 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 6722
To strengthen Federal nutrition assistance programs as automatic
stabilizers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 5, 2020
Mr. Neguse introduced the following bill; which was referred to the
Committee on Agriculture, and in addition to the Committee on Education
and Labor, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To strengthen Federal nutrition assistance programs as automatic
stabilizers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food for Families in Crisis Act of
2020''.
SEC. 2. STRENGTHENING FEDERAL NUTRITION ASSISTANCE PROGRAMS AS
AUTOMATIC STABILIZERS.
(a) Definitions.--In this section:
(1) Elevated unemployment period.--The term ``elevated
unemployment period'' means, as determined by the Commissioner
of the Bureau of Labor Statistics in accordance with subsection
(b), a period--
(A) beginning on the first day of the last month
during the most recent 3-month period for which data
for all States are published before the close of a
given week, the average rate of total unemployment for
all States (seasonally adjusted, as applicable) is not
less than 0.5 percentage points higher than the lowest
average rate of total unemployment for all States (as
seasonally adjusted) for any 3-month period during the
preceding 12 months; and
(B) ending on the date on which the average rate of
total unemployment for all States (seasonally adjusted,
as applicable) for the most recent 3-month period for
which data for all States are published before the
close of a given week--
(i) has decreased for not less than 2
consecutive months;
(ii) is less than 5.5 percent; and
(iii) is less than 1.5 percentage points
above the 3-month average rate of total
unemployment for all States (as seasonally
adjusted) reported for the 3-month period
ending on the last day of the month immediately
preceding the month during which the applicable
beginning date described in subparagraph (A)
occurs.
(2) Eligible individual or household.--The term ``eligible
individual or household'' means an individual or household that
is eligible to receive Federal nutrition assistance.
(3) Federal nutrition assistance.--The term ``Federal
nutrition assistance'' means nutrition assistance provided
under--
(A) the supplemental nutrition assistance program
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.);
(B) a consolidated block grant for the Commonwealth
of Puerto Rico or American Samoa under section 19(a) of
that Act (7 U.S.C. 2028(a)); or
(C) a block grant for the Commonwealth of the
Northern Mariana Islands or any other territory of the
United States provided by the Secretary pursuant to
section 601(c) of Public Law 96-597 (48 U.S.C.
1469d(c)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) State; state agency; thrifty food plan.--The terms
``State'', ``State agency'', and ``thrifty food plan'' have the
meanings given those terms in section 3 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012).
(b) Inclusion of Determination in Monthly Employment Situation
Reports.--Notwithstanding any other provision of law, the Commissioner
of the Bureau of Labor Statistics shall include in each monthly
employment situation report published by the Commissioner a specific
determination of whether an elevated unemployment period is in
existence in the United States.
(c) Waiver of Work Requirements.--Notwithstanding any other
provision of law (including regulations), during an elevated
unemployment period, for purposes of the distribution of, receipt of,
or eligibility for Federal nutrition assistance--
(1) no work requirement under section 6(o) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2015(o)) shall apply to any
eligible individual or household; and
(2) no other, similar work requirement with respect to any
eligible individual or household shall be established or
applied by--
(A) the Secretary;
(B) any State, as a condition of receipt from the
Secretary of assistance under the supplemental
nutrition assistance program; or
(C) the Commonwealth of Puerto Rico, American
Samoa, or the Commonwealth of the Northern Mariana
Islands, as a condition of receipt from the Secretary
of a Federal nutrition assistance block grant.
(d) Preclusion of Certain Rules.--No funds (including fees) made
available under this or any other Act for any fiscal year may be used
to finalize, implement, administer, enforce, carry out, or otherwise
give effect to--
(1) the proposed rule entitled ``Revision of Categorical
Eligibility in the Supplemental Nutrition Assistance Program
(SNAP)'' (84 Fed. Reg. 35570 (July 24, 2019));
(2) the proposed rule entitled ``Supplemental Nutrition
Assistance Program: Standardization of State Heating and
Cooling Standard Utility Allowances'' (84 Fed. Reg. 52809
(October 3, 2019)); or
(3) the final rule entitled ``Supplemental Nutrition
Assistance Program: Requirements for Able-Bodied Adults Without
Dependents'' (84 Fed. Reg. 66782 (December 5, 2019)).
(e) Increase in Federal Nutrition Assistance Payments.--
(1) Increases.--
(A) In general.--Notwithstanding any other
provision of law, subject to paragraph (2), effective
beginning on the first day of the first month beginning
after the date of publication of a monthly employment
situation report in which an elevated unemployment
period is determined to exist in accordance with
subsection (b)--
(i) the value of the benefits determined
under section 8(a) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2017(a)) and the
consolidated block grants for the Commonwealth
of Puerto Rico and American Samoa determined
under section 19(a) of that Act (7 U.S.C.
2028(a)) shall be calculated using 115 percent
of the value of the thrifty food plan in the
month immediately preceding the month during
which the beginning date of that elevated
unemployment period occurs;
(ii) the value of the block grant referred
to in subsection (a)(3)(C) shall be calculated
using 115 percent of the value of that block
grant for the preceding fiscal year; and
(iii) the minimum value of the benefits
determined under section 8(a) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2017(a)) for a
household of not more than 2 members shall be
$30 (adjusted for inflation).
(B) FDPIR increase.--Notwithstanding any other
provision of law, subject to subsection (h), of the
funds made available under paragraph (3), the Secretary
shall use $7,000,000 (adjusted for inflation) for
facility improvements and equipment upgrades associated
with the food distribution program on Indian
reservations under section 4(b) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2013(b)).
(2) Limitations.--
(A) In general.--The calculations under clauses (i)
and (ii) of paragraph (1)(A) shall apply only if the
value of the benefit or block grant described in the
clause, as applicable, would be greater under that
calculation than in the absence of this subsection.
(B) Effective period of certain increase.--An
increase under paragraph (1)(A)(iii) shall remain in
effect until the date on which an amount equal to 8
percent of the value of the thrifty food plan for a
household containing 1 member, rounded to the nearest
whole dollar increment, is equal to not less than $30
(adjusted for inflation).
(3) Funding.--
(A) In general.--On the first day of the first
month beginning after the date of publication of a
monthly employment situation report in which an
elevated unemployment period is determined to exist in
accordance with subsection (b), out of any funds in the
Treasury not otherwise appropriated, the Secretary of
the Treasury shall transfer to the Secretary such
amounts as are necessary to carry out paragraph (1).
(B) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to
carry out paragraph (1) the funds transferred under
subparagraph (A), without further appropriation.
(f) Categorical Eligibility Under SNAP.--Section 5(a) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2014(a)) is amended by inserting
after the third sentence the following: ``Each State agency shall
administer the State option of categorical eligibility for the
supplemental nutrition assistance program as described in clause (ii)
or (iii) of section 273.2(j)(2) of title 7, Code of Federal Regulations
(as in effect on the date of enactment of the Food for Families in
Crisis Act of 2020).''.
(g) Administrative Expenses.--
(1) In general.--For the costs of State administrative
expenses associated with carrying out this section and
administering the supplemental nutrition assistance program
established under the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.), the Secretary shall, during an elevated
unemployment period, make available $150,000,000 (adjusted for
inflation), in accordance with paragraph (2).
(2) Allocation.--The funds made available under paragraph
(1) shall be provided in the form of grants to State agencies
as follows:
(A) Seventy-five percent of the amounts made
available shall be allocated to each State agency based
on the proportion of households in the applicable State
that participate in the supplemental nutrition
assistance program, as--
(i) reported to the Secretary for the most
recent 12-month period for which data are
available; and
(ii) if applicable, adjusted by the
Secretary, as of the date of enactment of this
Act, for participation in a disaster program
under section 5(h) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2014(h)).
(B) Twenty-five percent of the amounts available
shall be allocated to each State agency based on the
increase in the number of households in the applicable
State that participate in the supplemental nutrition
assistance program, as--
(i) reported to the Secretary for the most
recent 12-month period for which data are
available; and
(ii) if applicable, adjusted by the
Secretary, as of the date of enactment of this
Act, for participation in a disaster program
under section 5(h) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2014(h)).
(h) FDPIR Waiver.--Any activity carried out using funds provided by
the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-
136; 134 Stat. 281) for the food distribution program on Indian
reservations under section 4(b) of the Food and Nutrition Act of 2008
(7 U.S.C. 2013(b)) shall not be subject to the non-Federal share
requirement described in paragraph (4)(A) of that section.
(i) Requirements for Secretary.--In carrying out this section, the
Secretary shall--
(1) consider the benefit increases under subsection (e)(1)
to be a ``mass change'';
(2) require a simple process by which States, the
Commonwealth of Puerto Rico, American Samoa, and the
Commonwealth of the Northern Mariana Islands shall notify
eligible individuals and households of the increase in benefits
under that subsection;
(3) consider section 16(c)(3)(A) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2025(c)(3)(A)) to apply to any errors in
the implementation of this section, without regard to the 120-
day limit described in that section;
(4) disregard the additional amount of benefits that an
eligible individual or household receives as a result of this
section in determining the amount of overissuances under
section 13 of the Food and Nutrition Act of 2008 (7 U.S.C.
2022); and
(5) establish the tolerance level for excluding small
errors for purposes of section 16(c) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2025(c)) at $50.
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