II
119THCONGRESS
1
STSESSION S. 1197
To help individuals receiving assistance under the supplemental nutrition
assistance program in obtaining self-sufficiency, to provide information
on total spending on means-tested welfare programs, and for other pur-
poses.
IN THE SENATE OF THE UNITED STATES
MARCH27, 2025
Mr. L
EEintroduced the following bill; which was read twice and referred to
the Committee on Agriculture, Nutrition, and Forestry
A BILL
To help individuals receiving assistance under the supple-
mental nutrition assistance program in obtaining self-
sufficiency, to provide information on total spending on
means-tested welfare programs, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘SNAP Reform and 4
Upward Mobility Act of 2025’’. 5
SEC. 2. TABLE OF CONTENTS. 6
The table of contents for this Act is as follows: 7
Sec. 1. Short title.
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Sec. 2. Table of contents.
TITLE I—POVERTY MEASUREMENT IMPROVEMENT
Sec. 101. Improving the measurement of poverty in the United States.
Sec. 102. Commission on valuation of government benefits.
Sec. 103. GAO reports on effect of supplementary data on calculation of pov-
erty rates and related measures.
Sec. 104. Rule of construction.
TITLE II—MODIFICATIONS TO SUPPLEMENTAL NUTRITION
ASSISTANCE PROGRAM
Sec. 201. Work requirements.
Sec. 202. Employment and training program outcomes reporting.
Sec. 203. State matching funds.
Sec. 204. Eligibility.
Sec. 205. Compliance with fraud investigations.
Sec. 206. Authorized users of electronic benefit transfer cards.
Sec. 207. Reauthorization of medium- or high-risk retail food stores and whole-
sale food concerns.
Sec. 208. State activity reports.
Sec. 209. Disqualification by State agency.
Sec. 210. Retention of recaptured funds by States.
TITLE I—POVERTY 1
MEASUREMENT IMPROVEMENT 2
SEC. 101. IMPROVING THE MEASUREMENT OF POVERTY IN 3
THE UNITED STATES. 4
(a) D
EFINITIONS.—In this section: 5
(1) F
EDERAL BENEFIT .—The term ‘‘Federal 6
benefit’’ means a benefit, refundable tax credit, or 7
other form of assistance provided under any of the 8
following programs: 9
(A) Earned Income Tax Credit (refundable 10
portion). 11
(B) Child Tax Credit (refundable portion). 12
(C) Supplemental Security Income. 13
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(D) Temporary Assistance for Needy Fam-1
ilies. 2
(E) Title IV–E Foster Care. 3
(F) Title IV–E Adoption Assistance. 4
(G) Medicaid. 5
(H) SCHIP. 6
(I) Indian Health Services. 7
(J) PPACA refundable premium assistance 8
and cost sharing tax credit. 9
(K) Assets for Independence program. 10
(L) Supplemental Nutrition Assistance 11
Food Program. 12
(M) School Breakfast. 13
(N) School Lunch. 14
(O) Women, Infants, and Children (WIC) 15
Food Program. 16
(P) Child and Adult Care Food Program. 17
(Q) The Food Distribution Program on In-18
dian Reservations (FDPIR). 19
(R) Nutrition Program for the Elderly. 20
(S) Seniors Farmers’ Market Nutrition 21
Program. 22
(T) Commodity Supplemental Food Pro-23
gram. 24
(U) Section 8 Housing. 25
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(V) Public Housing. 1
(W) Housing for Persons with Disabilities. 2
(X) Home Investment Partnership Pro-3
gram. 4
(Y) Rural Housing Service. 5
(Z) Rural Housing Insurance Fund. 6
(AA) Low-Income Home Energy Assist-7
ance Program. 8
(BB) Universal Service Fund Low Income 9
Support Mechanism (subsidized phone services). 10
(CC) Pell Grants. 11
(DD) Supplemental Educational Oppor-12
tunity Grants. 13
(EE) American Opportunity Tax Credit 14
(refundable portion). 15
(FF) Healthy Start. 16
(GG) Job Corps. 17
(HH) Head Start (including Early Head 18
Start). 19
(II) Weatherization Assistance. 20
(JJ) Chafee Foster Care Independence 21
Program. 22
(KK) Child Care Subsidies from the Child 23
Care and Development Fund. 24
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(LL) Child Care from the Temporary As-1
sistance for Needy Families Block Grant. 2
(MM) Emergency Assistance to Needy 3
Families with Children. 4
(NN) Senior Community Service Employ-5
ment Program. 6
(OO) Migrant and Seasonal Farm Workers 7
Training Program. 8
(PP) Indian and Native American Employ-9
ment and Training Program. 10
(QQ) Independent Living Education and 11
Training Vouchers. 12
(2) R
ESOURCE UNIT.—The term ‘‘resource 13
unit’’ means all co-resident individuals who are re-14
lated by birth, marriage, or adoption, plus any co- 15
resident unrelated children, foster children, and un-16
married partners and their relatives. 17
(3) M
ARKET INCOME.—The term ‘‘market in-18
come’’ means individual income from the following: 19
(A) Earnings. 20
(B) Interest. 21
(C) Dividends. 22
(D) Rents, royalties, and estates and 23
trusts. 24
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(E) The monetary value of employer-spon-1
sored health insurance benefits. 2
(F) Other forms of income, as determined 3
by the Director. 4
(4) E
NTITLEMENT AND OTHER INCOME .—The 5
term ‘‘entitlement and other income’’ means income 6
from the following: 7
(A) Unemployment (insurance) compensa-8
tion. 9
(B) Workers’ compensation. 10
(C) Social Security. 11
(D) Veterans’ payments and benefits. 12
(E) Survivor benefits. 13
(F) Disability benefits (not including bene-14
fits under the Supplemental Security Income 15
program). 16
(G) Pension or retirement income. 17
(H) Alimony. 18
(I) Child support. 19
(J) Financial assistance from outside of 20
the household. 21
(K) Medicare. 22
(5) E
NTITLEMENT AND EARNED UNIT IN -23
COME.—The term ‘‘entitlement and earned unit in-24
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come’’ means the sum of all market income and en-1
titlement and other income. 2
(6) I
NCOME TAX DATA.—The term ‘‘income tax 3
data’’ means return information, as such term is de-4
fined under section 6103(b)(2) of the Internal Rev-5
enue Code of 1986. 6
(7) A
DMINISTERING AGENCY .—The term ‘‘ad-7
ministering agency’’ means a State or Federal agen-8
cy responsible for administering a Federal benefit. 9
(8) T
OTAL RESOURCE UNIT INCOME .—The 10
term ‘‘total resource unit income’’ means, with re-11
spect to a resource unit, an amount equal to— 12
(A) the sum of— 13
(i) all market income attributable to 14
members of the unit; 15
(ii) all entitlement and other income 16
attributable to members of the unit; and 17
(iii) an amount, or cash equivalent, of 18
all Federal benefits received by members of 19
the unit; minus 20
(B) all State and Federal income and pay-21
roll taxes attributable to members of the unit. 22
(9) E
ARNED RESOURCE UNIT INCOME .—The 23
term ‘‘earned resource unit income’’ means, with re-24
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spect to a resource unit, all market income attrib-1
utable to members of the unit. 2
(10) P
ERSONALLY IDENTIFIABLE INFORMA -3
TION.—The term ‘‘personally identifiable informa-4
tion’’ means any information that identifies an indi-5
vidual or could reasonably be used to identify an in-6
dividual that is— 7
(A) collected pursuant to a survey con-8
ducted by the Bureau of the Census; or 9
(B) disclosed to the Bureau of the Census 10
by an administering agency for the purpose of 11
carrying out subsection (b). 12
(11) D
IRECTOR.—The term ‘‘Director’’ means 13
the Director of the Bureau of the Census. 14
(b) V
ERIFICATION OFDATACOLLECTED IN THEAN-15
NUALSOCIAL ANDECONOMICSUPPLEMENT TO THE CUR-16
RENTPOPULATIONSURVEY.— 17
(1) I
N GENERAL.—Beginning in fiscal year 18
2025, in order to more accurately determine the ex-19
tent of poverty in the United States and the anti- 20
poverty effectiveness of Federal benefit programs, 21
the Director shall collect, in addition to the data col-22
lected under the Annual Social and Economic Sup-23
plement to the Current Population Survey, data 24
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from the appropriate administering agencies related 1
to the following: 2
(A) Participation in any Federal benefit 3
program and the monetary or cash equivalent 4
value of such benefit for an individual, where 5
possible, and otherwise for resource units or 6
households. 7
(B) The total amount of market income 8
for individuals. 9
(C) The total amount of entitlement and 10
other income for individuals. 11
(D) Payment of income taxes and payroll 12
taxes for individuals. 13
(E) Total resource unit income. 14
(F) Total earned resource unit income. 15
(G) Any other information about benefits 16
or income received by individuals that the Di-17
rector determines necessary to carry out this 18
section and that is not included in the data re-19
lating to participation in Federal benefit pro-20
grams or market income for individuals. 21
(2) A
DMINISTERING AGENCY DATA .—Not later 22
than 6 months after receiving a request from the Di-23
rector, the head of each administering agency shall 24
make available to the Director such data (including 25
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income tax data) as the Director shall require for 1
the purpose of carrying out this subsection and for 2
the purposes outlined in section 6 of title 13, United 3
States Code. 4
(3) P
UBLICATION OF DATA.— 5
(A) R
ATES AND OTHER DATA .— 6
(i) R
EPORT.—The Director shall sub-7
mit to Congress, not later than January 1, 8
2026, a report detailing the implementa-9
tion of this section, including— 10
(I) the availability of related 11
data; 12
(II) the quality of the data; and 13
(III) the methodology proposed 14
for assigning dollar values to the re-15
ceipt of noncash Federal benefits. 16
(ii) T
ABLES AND GRAPHS .—The Di-17
rector shall produce tables and graphs 18
showing for each year the poverty rates 19
and related data calculated using data col-20
lected under paragraph (1), including— 21
(I) the total resource unit income 22
for survey respondents; 23
(II) the total earned resource 24
unit income for survey respondents; 25
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(III) the total of all amounts de-1
scribed in subparagraphs (A) through 2
(G) of paragraph (1) that are received 3
by survey respondents; 4
(IV) a breakdown of the amount 5
of income taxes and payroll taxes at-6
tributable to survey respondents; and 7
(V) for 2027 and subsequent 8
years, poverty rates calculated using 9
updated poverty thresholds as de-10
scribed in clause (iii). 11
(iii) U
PDATED POVERTY THRESH -12
OLDS.—For 2027 and subsequent years, 13
the Director shall, in addition to the offi-14
cial poverty line (as defined by the Office 15
of Management and Budget) and the sup-16
plemental poverty measure, provide an al-17
ternative poverty measure that uses the 18
personal consumption expenditure price 19
index (as published by the Bureau of Eco-20
nomic Analysis) and accounts for the data 21
collected under paragraph (1). The Direc-22
tor shall provide a comparison of the offi-23
cial poverty line (as defined by the Office 24
of Management and Budget), the supple-25
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mental poverty measure rate as defined by 1
the Bureau of the Census, and the alter-2
native poverty rate created using the alter-3
native poverty measure under this section. 4
(iv) R
ULE OF CONSTRUCTION .—The 5
Office of Management and Budget shall 6
not use the additional data collected by the 7
Director pursuant to paragraph (1) for 8
purposes of defining the official poverty 9
line. 10
(B) C
ONFIDENTIALITY.—Consistent with 11
the provisions of sections 8, 9, and 23(c) of title 12
13, United States Code, the Director shall en-13
sure the confidentiality of information furnished 14
to the Director under this subsection. 15
(c) P
ROTECTION AND DISCLOSURE OFPERSONALLY 16
I
DENTIFIABLEINFORMATION.— 17
(1) I
N GENERAL.—The security, disclosure, and 18
confidentiality provisions set forth in sections 9 and 19
23 of title 13, United States Code, shall apply to 20
personally identifiable information obtained by the 21
Bureau of the Census pursuant to this section. 22
(2) R
ESTRICTED ACCESS TO PERSONALLY 23
IDENTIFIABLE INFORMATION .—Access to personally 24
identifiable information collected to supplement the 25
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restricted-use Current Population Survey Annual So-1
cial and Economic Supplements in accordance with 2
subsection (b)(1) shall be available only to those who 3
have access to the Current Population Survey data 4
with the permission of the Bureau of the Census and 5
in accordance with any other applicable provision of 6
law. 7
(3) P
ENALTIES.—Any individual who knowingly 8
accesses or discloses personally identifiable informa-9
tion in violation of this section shall be guilty of a 10
felony and upon conviction thereof shall be fined in 11
an amount of not more than $300,000 under title 12
18, United States Code, or imprisoned for not more 13
than five years, or both. 14
(d) S
TATEREPORTING OFFEDERALDATA.—Begin-15
ning with the first full calendar year that begins after the 16
date of enactment of this Act, with respect to any Federal 17
benefit that is administered at the State level by a State 18
administering agency, such State administering agency 19
shall submit each year to the Federal administering agen-20
cy responsible for administering the benefit at the Federal 21
level a report that identifies each resource unit that re-22
ceived such benefits during such year by the personally 23
identifiable information of the head of the resource unit 24
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and the amount, or cash equivalent, of such benefit re-1
ceived by such resource unit. 2
SEC. 102. COMMISSION ON VALUATION OF GOVERNMENT 3
BENEFITS. 4
(a) E
STABLISHMENT.—There is established within 5
the United States Census Bureau a commission, to be 6
known as the ‘‘Commission on Valuation of Federal Bene-7
fits’’ (referred to in this section as the ‘‘Commission’’). 8
(b) C
OMPOSITION.— 9
(1) I
N GENERAL.—The Commission shall be 10
composed of 8 members, of whom— 11
(A) 2 members shall be appointed by the 12
majority leader of the Senate; 13
(B) 2 members shall be appointed by the 14
minority leader of the Senate; 15
(C) 2 members shall be appointed by the 16
Speaker of the House of Representatives; and 17
(D) 2 members shall be appointed by the 18
minority leader of the House of Representa-19
tives. 20
(2) C
O-CHAIRS.—Of the members of the Com-21
mission— 22
(A) 1 co-chair shall be designated by the 23
majority leader of the Senate; and 24
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(B) 1 co-chair shall be designated by the 1
Speaker of the House of Representatives. 2
(3) Q
UALIFICATIONS.—Each member appointed 3
to the Commission shall have experience in— 4
(A) quantitative policy research; and 5
(B) welfare or poverty studies. 6
(c) I
NITIALMEETING.—Not later than 60 days after 7
the date on which the last member is appointed under sub-8
section (b), the Commission shall hold an initial meeting. 9
(d) Q
UORUM.—Six members of the Commission shall 10
constitute a quorum. 11
(e) N
OPROXYVOTING.—Proxy voting by members 12
of the Commission shall be prohibited. 13
(f) S
TAFF.—The Director of the Census Bureau shall 14
appoint an executive director of the Commission. 15
(g) T
RAVELEXPENSES.—Members of the Commis-16
sion shall serve without pay, but shall receive travel ex-17
penses in accordance with sections 5702 and 5703 of title 18
5, United States Code. 19
(h) D
UTIES OFCOMMISSION.— 20
(1) R
ECOMMENDATIONS .— 21
(A) I
N GENERAL.—The Commission shall 22
produce recommendations for the valuation of 23
Federal benefits listed under section 101(a)(1) 24
for the purpose of United States Census Bu-25
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reau estimates of the Federal Poverty Level, in-1
cluding non-cash benefits. 2
(2) R
EPORT.— 3
(A) I
N GENERAL.—Not later than 270 4
days after the date of enactment of this Act, 5
the Commission shall submit to Congress a re-6
port of the recommendations required under 7
paragraph (1), including a detailed statement of 8
methodology and reasoning behind rec-9
ommendations. 10
(B) P
UBLIC AVAILABILITY.—The report 11
required by subparagraph (A) shall be made 12
available on an internet website of the United 13
States Government that is available to the pub-14
lic. 15
(i) P
OWERS OFCOMMISSION.—On request by the ex-16
ecutive director of the Commission, the head of a Federal 17
agency shall furnish information to the Commission. 18
(j) T
ERMINATION OF COMMISSION.—The Commis-19
sion shall terminate 90 days after the date on which the 20
Commission submits the report under subsection (h)(2). 21
(k) A
UTHORIZATION OFAPPROPRIATIONS.—There is 22
authorized to be appropriated $1,000,000 to carry out this 23
section. 24
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SEC. 103. GAO REPORTS ON EFFECT OF SUPPLEMENTARY 1
DATA ON CALCULATION OF POVERTY RATES 2
AND RELATED MEASURES. 3
Not later than January 1, 2028, and every 2 years 4
thereafter, the Comptroller General of the United States 5
shall submit to Congress a report that compares the pov-6
erty rates and related measures calculated under the An-7
nual Social and Economic Supplement to the Current Pop-8
ulation Survey with the poverty rates and related meas-9
ures calculated using the data collected under section 10
101(b)(1). 11
SEC. 104. RULE OF CONSTRUCTION. 12
Nothing in this title shall be construed to affect the 13
eligibility of an individual or household for a Federal ben-14
efit. 15
TITLE II—MODIFICATIONS TO 16
SUPPLEMENTAL NUTRITION 17
ASSISTANCE PROGRAM 18
SEC. 201. WORK REQUIREMENTS. 19
(a) D
ECLARATION OF POLICY.—Section 2 of the 20
Food and Nutrition Act of 2008 (7 U.S.C. 2011) is 21
amended by adding at the end the following: ‘‘Congress 22
further finds that it should also be the purpose of the sup-23
plemental nutrition assistance program to increase em-24
ployment, to encourage healthy marriage, and to promote 25
prosperous self-sufficiency, which means the ability of 26
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households to maintain an income above the poverty level 1
without services and benefits from the Federal Govern-2
ment.’’. 3
(b) D
EFINITION OFFOOD.—Section 3(k) of the Food 4
and Nutrition Act of 2008 (7 U.S.C. 2012(k)) is amended 5
by striking ‘‘means (1)’’ and inserting ‘‘means the fol-6
lowing foods, food products, meals, and other items, only 7
if the food, food product, meal, or other item is essential, 8
as determined by the Secretary: (1)’’. 9
(c) G
ENERAL WORKREQUIREMENTS.—Section 10
6(d)(1)(A) of the Food and Nutrition Act of 2008 (7 11
U.S.C. 2015(d)(1)(A)) is amended, in the matter pre-12
ceding clause (i), by striking ‘‘60’’ and inserting ‘‘65’’. 13
(d) H
OUR-BASEDWORKREQUIREMENT.—Section 14
6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 15
2015(o)) is amended— 16
(1) in paragraph (1)(C), by striking ‘‘other 17
than a supervised job search program or job search 18
training program’’ and inserting ‘‘including an in- 19
person supervised job search program’’; 20
(2) in paragraph (3)(A)(ii)(III), by striking 21
‘‘55’’ and inserting ‘‘64’’; 22
(3) in paragraph (4)(A)— 23
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(A) in the matter preceding clause (i), by 1
striking ‘‘area’’ and inserting ‘‘county or county 2
equivalent’’; 3
(B) in clause (i), by striking ‘‘or’’ and in-4
serting ‘‘and’’; and 5
(C) by striking clause (ii) and inserting the 6
following: 7
‘‘(ii) is not located within a labor mar-8
ket area, as determined by data published 9
by the Bureau of Labor Statistics, that has 10
an unemployment rate of over 10 per-11
cent.’’; 12
(4) in paragraph (6)(D), by striking ‘‘15 per-13
cent’’ and inserting ‘‘5 percent’’; 14
(5) by redesignating paragraph (7) as para-15
graph (8); 16
(6) by inserting after paragraph (6) the fol-17
lowing: 18
‘‘(7) W
ORK OR WORK PREPARATION HOURS RE -19
QUIREMENT FOR MARRIED COUPLES WITH CHIL -20
DREN.—The total combined number of hours of 21
work or work preparation activities under subpara-22
graphs (A), (B), and (C) of paragraph (2) for both 23
spouses in a married couple household with 1 or 24
more children over the age of 6 shall not be greater 25
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than the total number of hours required under those 1
subparagraphs for a single head of household.’’; and 2
(7) by inserting after paragraph (8) (as so re-3
designated) the following: 4
‘‘(9) M
INIMUM WAGE RULE .—The limitation 5
under subsection (d)(4)(F)(i) shall not apply to any 6
work requirement, program, or activity required 7
under this subsection.’’. 8
SEC. 202. EMPLOYMENT AND TRAINING PROGRAM OUT-9
COMES REPORTING. 10
Not later than 1 year after the date of enactment 11
of this Act, the Secretary of Agriculture shall submit to 12
Congress a report, using data from the most recent 5 fis-13
cal years available, detailing the outcomes of beneficiaries 14
of the supplemental nutrition assistance program estab-15
lished under the Food and Nutrition Act of 2008 (7 16
U.S.C. 2011 et seq.) (referred to in this section as 17
‘‘SNAP’’) who participate in employment and training 18
programs (as defined in section 6(d)(4)(B) of that Act (7 19
U.S.C. 2015(d)(4)(B))) for each of those 5 years that in-20
cludes the following information: 21
(1) The number and percentage of SNAP bene-22
ficiaries in each State who participated in an em-23
ployment and training program compared to the 24
number and percentage of SNAP beneficiaries in 25
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each State who did not participate in an employment 1
and training program. 2
(2) The number and percentage of SNAP bene-3
ficiaries in each State who obtained a job while par-4
ticipating in an employment and training program 5
compared to the number and percentage of SNAP 6
beneficiaries in each State who obtained a job but 7
did not participate in an employment and training 8
program. 9
(3) The number and percentage of SNAP bene-10
ficiaries in each State who retained a job for 6 11
months, 1 year, and 5 years after completing an em-12
ployment and training program and obtaining a job 13
compared to the number and percentage of SNAP 14
beneficiaries in each State who retained a job for 6 15
months, 1 year, and 5 years but did not complete an 16
employment and training program prior to obtaining 17
that job. 18
(4) The increase or decrease in wages, if appli-19
cable, for SNAP beneficiaries in each State who re-20
tained a job for 6 months, 1 year, and 5 years after 21
completing an employment and training program 22
and obtaining a job compared to the increase or de-23
crease in wages, if applicable, for SNAP bene-24
ficiaries in each State who retained a job for 6 25
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months, 1 year, and 5 years but did not complete an 1
employment and training program prior to obtaining 2
that job. 3
(5) The number and percentage of SNAP bene-4
ficiaries who— 5
(A) previously participated in an employ-6
ment and training program; 7
(B) after that participation, obtained a job 8
or stopped receiving SNAP benefits; and 9
(C) after regaining eligibility for SNAP 10
benefits, reentered an employment or training 11
program. 12
(6) The average duration that SNAP bene-13
ficiaries in each State participated in an employment 14
and training program. 15
(7) A breakdown of— 16
(A) the types of employment and training 17
activities offered by the employment and train-18
ing program of each State; and 19
(B) the types of jobs that States are pre-20
paring employment and training program par-21
ticipants to obtain. 22
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SEC. 203. STATE MATCHING FUNDS. 1
Section 4 of the Food and Nutrition Act of 2008 (7 2
U.S.C. 2013) is amended by adding at the end the fol-3
lowing: 4
‘‘(d) S
TATEMATCHINGFUNDS.— 5
‘‘(1) I
N GENERAL.—Each State that partici-6
pates in the supplemental nutrition assistance pro-7
gram shall, as a condition of participation, be re-8
quired to contribute matching funds in an amount 9
equal to, of the funds received from the Secretary by 10
the State for program administration— 11
‘‘(A) for fiscal year 2025, 10 percent; 12
‘‘(B) for fiscal year 2026, 15 percent; 13
‘‘(C) for fiscal year 2027, 20 percent; 14
‘‘(D) for fiscal year 2028, 25 percent; 15
‘‘(E) for fiscal year 2029, 30 percent; 16
‘‘(F) for fiscal year 2030, 35 percent; 17
‘‘(G) for fiscal year 2031, 40 percent; 18
‘‘(H) for fiscal year 2032, 45 percent; and 19
‘‘(I) for fiscal year 2033 and each fiscal 20
year thereafter, 50 percent. 21
‘‘(2) A
DDITIONAL CONTRIBUTIONS PER -22
MITTED.—Nothing in this subsection prevents a 23
State from contributing matching funds in an 24
amount greater than the amount required under 25
paragraph (1) for the applicable fiscal year.’’. 26
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SEC. 204. ELIGIBILITY. 1
Section 5(a) of the Food and Nutrition Act of 2008 2
(7 U.S.C. 2014(a)) is amended— 3
(1) in the second sentence, by inserting ‘‘that 4
are limited to families whose income and resources 5
satisfy financial need criteria established in accord-6
ance with subsections (c) and (g) by the State for 7
receipt of the benefits’’ after ‘‘(42 U.S.C. 601 et 8
seq.)’’; and 9
(2) by inserting after the second sentence the 10
following: ‘‘To be deemed eligible for participation in 11
the supplemental nutrition assistance program under 12
this subsection, a household shall receive a cash or 13
noncash means-tested public benefit for at least 6 14
consecutive months valued at not less than $50.’’. 15
SEC. 205. COMPLIANCE WITH FRAUD INVESTIGATIONS. 16
Section 6(d) of the Food and Nutrition Act of 2008 17
(7 U.S.C. 2015(d)) is amended by adding at the end the 18
following: 19
‘‘(5) C
OMPLIANCE WITH FRAUD INVESTIGA -20
TIONS.—To be eligible to participate in the supple-21
mental nutrition assistance program, an individual 22
shall cooperate with any investigation into fraud 23
under that program, including full participation in 24
any— 25
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‘‘(A) meeting requested by fraud investiga-1
tors; and 2
‘‘(B) administrative hearing.’’. 3
SEC. 206. AUTHORIZED USERS OF ELECTRONIC BENEFIT 4
TRANSFER CARDS. 5
Section 7(h) of the Food and Nutrition Act of 2008 6
(7 U.S.C. 2016(h)) is amended by adding at the end the 7
following: 8
‘‘(15) A
UTHORIZED USERS.— 9
‘‘(A) I
N GENERAL.—A State agency shall 10
register— 11
‘‘(i) at least 1 member of a household 12
issued an EBT card as an authorized user 13
of the card; and 14
‘‘(ii) an authorized representative of a 15
household as an authorized user of the 16
EBT card issued to the household. 17
‘‘(B) L
IMIT.—Not more than 5 individuals 18
shall be registered as authorized users, includ-19
ing the authorized representative of a house-20
hold, on an EBT card. 21
‘‘(C) U
NAUTHORIZED USE.— 22
‘‘(i) I
N GENERAL.—An EBT card 23
shall not be used by any individual who is 24
not an authorized user of the EBT card. 25
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‘‘(ii) 2 UNAUTHORIZED USES .—If an 1
EBT card has been used 2 times by an un-2
authorized user of the EBT card, the head 3
of the household to which the EBT card is 4
issued shall be required to review program 5
rights and responsibilities with personnel 6
of the State agency. 7
‘‘(iii) 4
UNAUTHORIZED USES .—If an 8
EBT card has been used 4 times by an un-9
authorized user of the EBT card, the State 10
agency shall suspend benefits for the 11
household to which the EBT card is issued 12
for 1 month. 13
‘‘(iv) 6
UNAUTHORIZED USES .—If an 14
EBT card has been used 6 times by an un-15
authorized user of the EBT card, the State 16
agency shall suspend benefits for the 17
household to which the EBT card is issued 18
for 3 months. 19
‘‘(v) 7
OR MORE UNAUTHORIZED 20
USES.—If an EBT card has been used 7 21
or more times by an unauthorized user of 22
the EBT card, the State agency shall sus-23
pend benefits for the household to which 24
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the EBT card is issued for 1 month per 1
unauthorized use. 2
‘‘(vi) A
DMINISTRATION.—Any action 3
taken under clauses (ii) through (v) shall 4
be consistent with sections 6(b) and 5
11(e)(10), as applicable.’’. 6
SEC. 207. REAUTHORIZATION OF MEDIUM- OR HIGH-RISK 7
RETAIL FOOD STORES AND WHOLESALE 8
FOOD CONCERNS. 9
Section 9(a)(2)(A) of the Food and Nutrition Act of 10
2008 (7 U.S.C. 2018(a)(2)(A)) is amended by striking ‘‘; 11
and’’ and inserting ‘‘, which, in the case of a retail food 12
store or wholesale food concern for which there is a me-13
dium risk or high risk of fraudulent transactions, as deter-14
mined by the fraud detection system of the Food and Nu-15
trition Service, shall be annually; and’’. 16
SEC. 208. STATE ACTIVITY REPORTS. 17
Section 11 of the Food and Nutrition Act of 2008 18
(7 U.S.C. 2020) is amended by adding at the end the fol-19
lowing: 20
‘‘(y) S
TATEACTIVITYREPORTS.—The Secretary 21
shall publish for each fiscal year a report describing the 22
activity of each State in the supplemental nutrition assist-23
ance program, which shall contain, for the applicable fiscal 24
year, substantially the same information as is contained 25
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in the report published by the Food and Nutrition Service 1
entitled ‘Supplemental Nutrition Assistance Program 2
State Activity Report Fiscal Year 2016’ and published 3
September 2017.’’. 4
SEC. 209. DISQUALIFICATION BY STATE AGENCY. 5
Section 12 of the Food and Nutrition Act of 2008 6
(7 U.S.C. 2021) is amended by adding at the end the fol-7
lowing: 8
‘‘(j) D
ISQUALIFICATION BYSTATEAGENCY.— 9
‘‘(1) I
N GENERAL.—Except as provided in para-10
graph (4), a State agency shall permanently dis-11
qualify from participation in the supplemental nutri-12
tion assistance program an approved retail food 13
store or wholesale food concern convicted of— 14
‘‘(A) trafficking in food instruments (in-15
cluding any voucher, draft, check, or access de-16
vice (including an electronic benefit transfer 17
card or personal identification number) issued 18
in lieu of a food instrument under this Act); or 19
‘‘(B) selling firearms, ammunition, explo-20
sives, or controlled substances (as defined in 21
section 102 of the Controlled Substances Act 22
(21 U.S.C. 802)) in exchange for food instru-23
ments (including any item described in subpara-24
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graph (A) issued in lieu of a food instrument 1
under this Act). 2
‘‘(2) N
OTICE OF DISQUALIFICATION .—The 3
State agency shall— 4
‘‘(A) provide the approved retail food store 5
or wholesale food concern with notification of 6
the disqualification; and 7
‘‘(B) make the disqualification effective on 8
the date of receipt of the notice of disqualifica-9
tion. 10
‘‘(3) P
ROHIBITION OF RECEIPT OF LOST REVE -11
NUES.—A retail food store or wholesale food concern 12
shall not be entitled to receive any compensation for 13
revenues lost as a result of disqualification under 14
this subsection. 15
‘‘(4) E
XCEPTIONS IN LIEU OF DISQUALIFICA -16
TION.— 17
‘‘(A) I
N GENERAL.—A State agency may 18
permit a retail food store or wholesale food con-19
cern that, but for this paragraph, would be dis-20
qualified under paragraph (1), to continue to 21
participate in the supplemental nutrition assist-22
ance program if the State agency determines, in 23
its sole discretion, that— 24
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‘‘(i) disqualification of the retail food 1
store or wholesale food concern, as applica-2
ble, would cause hardship to participants 3
in the supplemental nutrition assistance 4
program; or 5
‘‘(ii)(I) the retail food store or whole-6
sale food concern had, at the time of the 7
violation under paragraph (1), an effective 8
policy and program in effect to prevent vio-9
lations described in paragraph (1); and 10
‘‘(II) the ownership of the retail food 11
store or wholesale food concern was not 12
aware of, did not approve of, and was not 13
involved in the conduct of the violation. 14
‘‘(B) C
IVIL PENALTY.—If a State agency 15
under subparagraph (A) permits a retail food 16
store or wholesale food concern to continue to 17
participate in the supplemental nutrition assist-18
ance program in lieu of disqualification, the 19
State agency shall assess a civil penalty in an 20
amount determined by the State agency, except 21
that— 22
‘‘(i) the amount of the civil penalty 23
shall not exceed $10,000 for each violation; 24
and 25
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‘‘(ii) the amount of civil penalties im-1
posed for violations investigated as part of 2
a single investigation may not exceed 3
$40,000. 4
‘‘(C) R
EPORTING.— 5
‘‘(i) T
O THE SECRETARY.—If a State 6
agency under subparagraph (A) permits a 7
retail food store or wholesale food concern 8
to continue to participate in the supple-9
mental nutrition assistance program in lieu 10
of disqualification, the State agency shall 11
annually submit to the Secretary a report 12
describing the justification of the State 13
agency for that action. 14
‘‘(ii) T
O CONGRESS.—The Secretary 15
shall annually submit to Congress a report 16
compiling the information contained in re-17
ports submitted to the Secretary under 18
clause (i).’’. 19
SEC. 210. RETENTION OF RECAPTURED FUNDS BY STATES. 20
Section 16(a) of the Food and Nutrition Act of 2008 21
(7 U.S.C. 2025(a)) is amended— 22
(1) in the second sentence, by striking ‘‘The of-23
ficials’’ and inserting the following: 24
‘‘(3) P
ROHIBITION.—The officials’’; 25
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(2) in the first sentence— 1
(A) by redesignating paragraphs (1) 2
through (9) as subparagraphs (A) through (I), 3
respectively; and 4
(B) by striking ‘‘section 17(n): Provided, 5
That the Secretary’’ and inserting the following: 6
‘‘section 17(n). 7
‘‘(2) A
DMINISTRATION ON INDIAN RESERVA -8
TIONS AND IN NATIVE VILLAGES .— 9
‘‘(A) I
N GENERAL.—The Secretary’’; 10
(3) in paragraph (2) (as so designated)— 11
(A) in subparagraph (A), by striking ‘‘35 12
percent’’ and inserting ‘‘50 percent’’; and 13
(B) by adding at the end the following: 14
‘‘(B) U
SE OF RETAINED AMOUNTS FOR 15
FRAUD INVESTIGATIONS .—The value of funds 16
or allotments recovered or collected pursuant to 17
sections 6(b) and 13(c) that are retained by a 18
State under subparagraph (A) in excess of 35 19
percent shall be used by the State for investiga-20
tions of fraud in the supplemental nutrition as-21
sistance program.’’; and 22
(4) by striking the subsection designation and 23
all that follows through ‘‘Subject to’’ in the matter 24
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preceding paragraph (2) (as so designated) and in-1
serting the following: 2
‘‘(a) A
DMINISTRATIVECOST-SHARING.— 3
‘‘(1) I
N GENERAL.—Subject to’’. 4
Æ
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