II 

118TH CONGRESS 

1ST SESSION S. 1188 

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 purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 18, 2023 

Mr. LEE (for himself and Mr. SCOTT of Florida) introduced 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 supplemental nutrition assistance program in obtaining selfsufficiency, to provide information on total spending on 

means-tested welfare programs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘SNAP Reform and 

5 Upward Mobility Act of 2023’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 


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Sec. 1. Short title. 

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 poverty 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 wholesale food concerns. 

Sec. 208. State activity reports. 

Sec. 209. Disqualification by State agency. 

Sec. 210. Retention of recaptured funds by States. 

1 TITLE I—POVERTY 

2 MEASUREMENT IMPROVEMENT 

3 SEC. 101. IMPROVING THE MEASUREMENT OF POVERTY IN 

4 THE UNITED STATES. 

5 (a) DEFINITIONS.—In this section: 

6 (1) FEDERAL BENEFIT.—The term ‘‘Federal 

7 benefit’’ means a benefit, refundable tax credit, or 

8 other form of assistance provided under any of the 

9 following programs: 

10 (A) Earned Income Tax Credit (refundable 

11 portion). 

12 (B) Child Tax Credit (refundable portion). 

13 (C) Supplemental Security Income. 


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1 (D) Temporary Assistance for Needy Fam2 ilies. 

3 (E) Title IV–E Foster Care. 

4 (F) Title IV–E Adoption Assistance. 

5 (G) Medicaid. 

6 (H) SCHIP. 

7 (I) Indian Health Services. 

8 (J) PPACA refundable premium assistance 

9 and cost sharing tax credit. 

10 (K) Assets for Independence program. 

11 (L) Supplemental Nutrition Assistance 

12 Food Program. 

13 (M) School Breakfast. 

14 (N) School Lunch. 

15 (O) Women, Infants, and Children (WIC) 

16 Food Program. 

17 (P) Child and Adult Care Food Program. 

18 (Q) The Food Distribution Program on In19 dian Reservations (FDPIR). 

20 (R) Nutrition Program for the Elderly. 

21 (S) Seniors Farmers’ Market Nutrition 

22 Program. 

23 (T) Commodity Supplemental Food Pro24 gram. 

25 (U) Section 8 Housing. 


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1 (V) Public Housing. 

2 (W) Housing for Persons with Disabilities. 

3 (X) Home Investment Partnership Pro4 gram. 

5 (Y) Rural Housing Service. 

6 (Z) Rural Housing Insurance Fund. 

7 (AA) Low-Income Home Energy Assist8 ance Program. 

9 (BB) Universal Service Fund Low Income 

10 Support Mechanism (subsidized phone services). 

11 (CC) Pell Grants. 

12 (DD) Supplemental Educational Oppor13 tunity Grants. 

14 (EE) American Opportunity Tax Credit 

15 (refundable portion). 

16 (FF) Healthy Start. 

17 (GG) Job Corps. 

18 (HH) Head Start (including Early Head 

19 Start). 

20 (II) Weatherization Assistance. 

21 (JJ) Chafee Foster Care Independence 

22 Program. 

23 (KK) Child Care Subsidies from the Child 

24 Care and Development Fund. 


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1 (LL) Child Care from the Temporary As2 sistance for Needy Families Block Grant. 

3 (MM) Emergency Assistance to Needy 

4 Families with Children. 

5 (NN) Senior Community Service Employ6 ment Program. 

7 (OO) Migrant and Seasonal Farm Workers 

8 Training Program. 

9 (PP) Indian and Native American Employ10 ment and Training Program. 

11 (QQ) Independent Living Education and 

12 Training Vouchers. 

13 (2) RESOURCE UNIT.—The term ‘‘resource 

14 unit’’ means all co-resident individuals who are re15 lated by birth, marriage, or adoption, plus any co16 resident unrelated children, foster children, and un17 married partners and their relatives. 

18 (3) MARKET INCOME.—The term ‘‘market in19 come’’ means individual income from the following: 

20 (A) Earnings. 

21 (B) Interest. 

22 (C) Dividends. 

23 (D) Rents, royalties, and estates and 

24 trusts. 


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1 (E) The monetary value of employer-spon2 sored health insurance benefits. 

3 (F) Other forms of income, as determined 

4 by the Director. 

5 (4) ENTITLEMENT AND OTHER INCOME.—The 

6 term ‘‘entitlement and other income’’ means income 

7 from the following: 

8 (A) Unemployment (insurance) compensa9 tion. 

10 (B) Workers’ compensation. 

11 (C) Social Security. 

12 (D) Veterans’ payments and benefits. 

13 (E) Survivor benefits. 

14 (F) Disability benefits (not including bene15 fits under the Supplemental Security Income 

16 program). 

17 (G) Pension or retirement income. 

18 (H) Alimony. 

19 (I) Child support. 

20 (J) Financial assistance from outside of 

21 the household. 

22 (K) Medicare. 

23 (5) ENTITLEMENT AND EARNED UNIT IN24 COME.—The term ‘‘entitlement and earned unit inVerDate Sep 11 2014 22:38 Apr 20, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1188.IS S1188

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1 come’’ means the sum of all market income and en2 titlement and other income. 

3 (6) INCOME TAX DATA.—The term ‘‘income tax 

4 data’’ means return information, as such term is de5 fined under section 6103(b)(2) of the Internal Rev6 enue Code of 1986. 

7 (7) ADMINISTERING AGENCY.—The term ‘‘ad8 ministering agency’’ means a State or Federal agen9 cy responsible for administering a Federal benefit. 

10 (8) TOTAL RESOURCE UNIT INCOME.—The 

11 term ‘‘total resource unit income’’ means, with re12 spect to a resource unit, an amount equal to— 

13 (A) the sum of— 

14 (i) all market income attributable to 

15 members of the unit; 

16 (ii) all entitlement and other income 

17 attributable to members of the unit; and 

18 (iii) an amount, or cash equivalent, of 

19 all Federal benefits received by members of 

20 the unit; minus 

21 (B) all State and Federal income and pay22 roll taxes attributable to members of the unit. 

23 (9) EARNED RESOURCE UNIT INCOME.—The 

24 term ‘‘earned resource unit income’’ means, with reVerDate Sep 11 2014 22:38 Apr 20, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1188.IS S1188

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1 spect to a resource unit, all market income attrib2 utable to members of the unit. 

3 (10) PERSONALLY IDENTIFIABLE INFORMA4 TION.—The term ‘‘personally identifiable informa5 tion’’ means any information that identifies an indi6 vidual or could reasonably be used to identify an in7 dividual that is— 

8 (A) collected pursuant to a survey con9 ducted by the Bureau of the Census; or 

10 (B) disclosed to the Bureau of the Census 

11 by an administering agency for the purpose of 

12 carrying out subsection (b). 

13 (11) DIRECTOR.—The term ‘‘Director’’ means 

14 the Director of the Bureau of the Census. 

15 (b) VERIFICATION OF DATA COLLECTED IN THE AN16 NUAL SOCIAL AND ECONOMIC SUPPLEMENT TO THE CUR17 RENT POPULATION SURVEY.— 

18 (1) IN GENERAL.—Beginning in fiscal year 

19 2024, in order to more accurately determine the ex20 tent of poverty in the United States and the anti21 poverty effectiveness of Federal benefit programs, 

22 the Director shall collect, in addition to the data col23 lected under the Annual Social and Economic Sup24 plement to the Current Population Survey, data 


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1 from the appropriate administering agencies related 

2 to the following: 

3 (A) Participation in any Federal benefit 

4 program and the monetary or cash equivalent 

5 value of such benefit for an individual, where 

6 possible, and otherwise for resource units or 

7 households. 

8 (B) The total amount of market income 

9 for individuals. 

10 (C) The total amount of entitlement and 

11 other income for individuals. 

12 (D) Payment of income taxes and payroll 

13 taxes for individuals. 

14 (E) Total resource unit income. 

15 (F) Total earned resource unit income. 

16 (G) Any other information about benefits 

17 or income received by individuals that the Di18 rector determines necessary to carry out this 

19 section and that is not included in the data re20 lating to participation in Federal benefit pro21 grams or market income for individuals. 

22 (2) ADMINISTERING AGENCY DATA.—Not later 

23 than 6 months after receiving a request from the Di24 rector, the head of each administering agency shall 

25 make available to the Director such data (including 


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1 income tax data) as the Director shall require for 

2 the purpose of carrying out this subsection and for 

3 the purposes outlined in section 6 of title 13, United 

4 States Code. 

5 (3) PUBLICATION OF DATA.— 

6 (A) RATES AND OTHER DATA.— 

7 (i) REPORT.—The Director shall sub8 mit to Congress, not later than January 1, 

9 2025, a report detailing the implementa10 tion of this section, including— 

11 (I) the availability of related 

12 data; 

13 (II) the quality of the data; and 

14 (III) the methodology proposed 

15 for assigning dollar values to the re16 ceipt of noncash Federal benefits. 

17 (ii) TABLES AND GRAPHS.—The Di18 rector shall produce tables and graphs 

19 showing for each year the poverty rates 

20 and related data calculated using data col21 lected under paragraph (1), including— 

22 (I) the total resource unit income 

23 for survey respondents; 

24 (II) the total earned resource 

25 unit income for survey respondents; 


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1 (III) the total of all amounts de2 scribed in subparagraphs (A) through 

3 (G) of paragraph (1) that are received 

4 by survey respondents; 

5 (IV) a breakdown of the amount 

6 of income taxes and payroll taxes at7 tributable to survey respondents; and 

8 (V) for 2027 and subsequent 

9 years, poverty rates calculated using 

10 updated poverty thresholds as de11 scribed in clause (iii). 

12 (iii) UPDATED POVERTY THRESH13 OLDS.—For 2027 and subsequent years, 

14 the Director shall, in addition to the offi15 cial poverty line (as defined by the Office 

16 of Management and Budget) and the sup17 plemental poverty measure, provide an al18 ternative poverty measure that uses the 

19 personal consumption expenditure price 

20 index (as published by the Bureau of Eco21 nomic Analysis) and accounts for the data 

22 collected under paragraph (1). The Direc23 tor shall provide a comparison of the offi24 cial poverty line (as defined by the Office 

25 of Management and Budget), the suppleVerDate Sep 11 2014 22:38 Apr 20, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1188.IS S1188

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1 mental poverty measure rate as defined by 

2 the Bureau of the Census, and the alter3 native poverty rate created using the alter4 native poverty measure under this section. 

5 (iv) RULE OF CONSTRUCTION.—The 

6 Office of Management and Budget shall 

7 not use the additional data collected by the 

8 Director pursuant to paragraph (1) for 

9 purposes of defining the official poverty 

10 line. 

11 (B) CONFIDENTIALITY.—Consistent with 

12 the provisions of sections 8, 9, and 23(c) of title 

13 13, United States Code, the Director shall en14 sure the confidentiality of information furnished 

15 to the Director under this subsection. 

16 (c) PROTECTION AND DISCLOSURE OF PERSONALLY

17 IDENTIFIABLE INFORMATION.— 

18 (1) IN GENERAL.—The security, disclosure, and 

19 confidentiality provisions set forth in sections 9 and 

20 23 of title 13, United States Code, shall apply to 

21 personally identifiable information obtained by the 

22 Bureau of the Census pursuant to this section. 

23 (2) RESTRICTED ACCESS TO PERSONALLY

24 IDENTIFIABLE INFORMATION.—Access to personally 

25 identifiable information collected to supplement the 


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1 restricted-use Current Population Survey Annual So2 cial and Economic Supplements in accordance with 

3 subsection (b)(1) shall be available only to those who 

4 have access to the Current Population Survey data 

5 with the permission of the Bureau of the Census and 

6 in accordance with any other applicable provision of 

7 law. 

8 (3) PENALTIES.—Any individual who knowingly 

9 accesses or discloses personally identifiable informa10 tion in violation of this section shall be guilty of a 

11 felony and upon conviction thereof shall be fined in 

12 an amount of not more than $300,000 under title 

13 18, United States Code, or imprisoned for not more 

14 than five years, or both. 

15 (d) STATE REPORTING OF FEDERAL DATA.—Begin16 ning with the first full calendar year that begins after the 

17 date of enactment of this Act, with respect to any Federal 

18 benefit that is administered at the State level by a State 

19 administering agency, such State administering agency 

20 shall submit each year to the Federal administering agen21 cy responsible for administering the benefit at the Federal 

22 level a report that identifies each resource unit that re23 ceived such benefits during such year by the personally 

24 identifiable information of the head of the resource unit 


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1 and the amount, or cash equivalent, of such benefit re2 ceived by such resource unit. 

3 SEC. 102. COMMISSION ON VALUATION OF GOVERNMENT 

4 BENEFITS. 

5 (a) ESTABLISHMENT.—There is established within 

6 the United States Census Bureau a commission, to be 

7 known as the ‘‘Commission on Valuation of Federal Bene8 fits’’ (referred to in this section as the ‘‘Commission’’). 

9 (b) COMPOSITION.— 

10 (1) IN GENERAL.—The Commission shall be 

11 composed of 8 members, of whom— 

12 (A) 2 members shall be appointed by the 

13 majority leader of the Senate; 

14 (B) 2 members shall be appointed by the 

15 minority leader of the Senate; 

16 (C) 2 members shall be appointed by the 

17 Speaker of the House of Representatives; and 

18 (D) 2 members shall be appointed by the 

19 minority leader of the House of Representa20 tives. 

21 (2) CO-CHAIRS.—Of the members of the Com22 mission— 

23 (A) 1 co-chair shall be designated by the 

24 majority leader of the Senate; and 


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1 (B) 1 co-chair shall be designated by the 

2 Speaker of the House of Representatives. 

3 (3) QUALIFICATIONS.—Each member appointed 

4 to the Commission shall have experience in— 

5 (A) quantitative policy research; and 

6 (B) welfare or poverty studies. 

7 (c) INITIAL MEETING.—Not later than 60 days after 

8 the date on which the last member is appointed under sub9 section (b), the Commission shall hold an initial meeting. 

10 (d) QUORUM.—Six members of the Commission shall 

11 constitute a quorum. 

12 (e) NO PROXY VOTING.—Proxy voting by members 

13 of the Commission shall be prohibited. 

14 (f) STAFF.—The Director of the Census Bureau shall 

15 appoint an executive director of the Commission. 

16 (g) TRAVEL EXPENSES.—Members of the Commis17 sion shall serve without pay, but shall receive travel ex18 penses in accordance with sections 5702 and 5703 of title 

19 5, United States Code. 

20 (h) DUTIES OF COMMISSION.— 

21 (1) RECOMMENDATIONS.— 

22 (A) IN GENERAL.—The Commission shall 

23 produce recommendations for the valuation of 

24 Federal benefits listed under section 101(a)(1) 

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1 reau estimates of the Federal Poverty Level, in2 cluding non-cash benefits. 

3 (2) REPORT.— 

4 (A) IN GENERAL.—Not later than 270 

5 days after the date of enactment of this Act, 

6 the Commission shall submit to Congress a re7 port of the recommendations required under 

8 paragraph (1), including a detailed statement of 

9 methodology and reasoning behind rec10 ommendations. 

11 (B) PUBLIC AVAILABILITY.—The report 

12 required by subparagraph (A) shall be made 

13 available on an internet website of the United 

14 States Government that is available to the pub15 lic. 

16 (i) POWERS OF COMMISSION.—On request by the ex17 ecutive director of the Commission, the head of a Federal 

18 agency shall furnish information to the Commission. 

19 (j) TERMINATION OF COMMISSION.—The Commis20 sion shall terminate 90 days after the date on which the 

21 Commission submits the report under subsection (h)(2). 

22 (k) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated $1,000,000 to carry out this 

24 section. 


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1 SEC. 103. GAO REPORTS ON EFFECT OF SUPPLEMENTARY 

2 DATA ON CALCULATION OF POVERTY RATES 

3 AND RELATED MEASURES. 

4 Not later than January 1, 2028, and every 2 years 

5 thereafter, the Comptroller General of the United States 

6 shall submit to Congress a report that compares the pov7 erty rates and related measures calculated under the An8 nual Social and Economic Supplement to the Current Pop9 ulation Survey with the poverty rates and related meas10 ures calculated using the data collected under section 

11 101(b)(1). 

12 SEC. 104. RULE OF CONSTRUCTION. 

13 Nothing in this title shall be construed to affect the 

14 eligibility of an individual or household for a Federal ben15 efit. 

16 TITLE II—MODIFICATIONS TO 

17 SUPPLEMENTAL NUTRITION 

18 ASSISTANCE PROGRAM 

19 SEC. 201. WORK REQUIREMENTS. 

20 (a) DECLARATION OF POLICY.—Section 2 of the 

21 Food and Nutrition Act of 2008 (7 U.S.C. 2011) is 

22 amended by adding at the end the following: ‘‘Congress 

23 further finds that it should also be the purpose of the sup24 plemental nutrition assistance program to increase em25 ployment, to encourage healthy marriage, and to promote 

26 prosperous self-sufficiency, which means the ability of 


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1 households to maintain an income above the poverty level 

2 without services and benefits from the Federal Govern3 ment.’’. 

4 (b) DEFINITION OF FOOD.—Section 3(k) of the Food 

5 and Nutrition Act of 2008 (7 U.S.C. 2012(k)) is amended 

6 by striking ‘‘means (1)’’ and inserting ‘‘means the fol7 lowing foods, food products, meals, and other items, only 

8 if the food, food product, meal, or other item is essential, 

9 as determined by the Secretary: (1)’’. 

10 (c) GENERAL WORK REQUIREMENTS.—Section 

11 6(d)(1)(A) of the Food and Nutrition Act of 2008 (7 

12 U.S.C. 2015(d)(1)(A)) is amended, in the matter pre13 ceding clause (i), by striking ‘‘60’’ and inserting ‘‘65’’. 

14 (d) HOUR-BASED WORK REQUIREMENT.—Section 

15 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 

16 2015(o)) is amended— 

17 (1) in paragraph (1)(C), by striking ‘‘other 

18 than a supervised job search program or job search 

19 training program’’ and inserting ‘‘including an in20 person supervised job search program’’; 

21 (2) in paragraph (3)— 

22 (A) in subparagraph (A), by striking ‘‘50’’ 

23 and inserting ‘‘64’’; 

24 (B) by striking subparagraph (C); and 


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1 (C) by redesignating subparagraphs (D) 

2 and (E) as subparagraphs (C) and (D), respec3 tively; 

4 (3) in paragraph (4)(A)— 

5 (A) in the matter preceding clause (i), by 

6 striking ‘‘area’’ and inserting ‘‘county or county 

7 equivalent’’; 

8 (B) in clause (i), by striking ‘‘or’’ and in9 serting ‘‘and’’; and 

10 (C) by striking clause (ii) and inserting the 

11 following: 

12 ‘‘(ii) is not located within a labor mar13 ket area, as determined by data published 

14 by the Bureau of Labor Statistics, that has 

15 an unemployment rate of over 10 per16 cent.’’; 

17 (4) in paragraph (6)(D), by striking ‘‘15 per18 cent’’ and inserting ‘‘5 percent’’; 

19 (5) by redesignating paragraph (7) as para20 graph (8); 

21 (6) by inserting after paragraph (6) the fol22 lowing: 

23 ‘‘(7) WORK OR WORK PREPARATION HOURS RE24 QUIREMENT FOR MARRIED COUPLES WITH CHIL25 DREN.—The total combined number of hours of 


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1 work or work preparation activities under subpara2 graphs (A), (B), and (C) of paragraph (2) for both 

3 spouses in a married couple household with 1 or 

4 more children over the age of 6 shall not be greater 

5 than the total number of hours required under those 

6 subparagraphs for a single head of household.’’; and 

7 (7) by inserting after paragraph (8) (as so re8 designated) the following: 

9 ‘‘(9) MINIMUM WAGE RULE.—The limitation 

10 under subsection (d)(4)(F)(i) shall not apply to any 

11 work requirement, program, or activity required 

12 under this subsection.’’. 

13 SEC. 202. EMPLOYMENT AND TRAINING PROGRAM OUT14 COMES REPORTING. 

15 Not later than 1 year after the date of enactment 

16 of this Act, the Secretary of Agriculture shall submit to 

17 Congress a report, using data from the most recent 5 fis18 cal years available, detailing the outcomes of beneficiaries 

19 of the supplemental nutrition assistance program estab20 lished under the Food and Nutrition Act of 2008 (7 

21 U.S.C. 2011 et seq.) (referred to in this section as 

22 ‘‘SNAP’’) who participate in employment and training 

23 programs (as defined in section 6(d)(4)(B) of that Act (7 

24 U.S.C. 2015(d)(4)(B))) for each of those 5 years that in25 cludes the following information: 


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1 (1) The number and percentage of SNAP bene2 ficiaries in each State who participated in an em3 ployment and training program compared to the 

4 number and percentage of SNAP beneficiaries in 

5 each State who did not participate in an employment 

6 and training program. 

7 (2) The number and percentage of SNAP bene8 ficiaries in each State who obtained a job while par9 ticipating in an employment and training program 

10 compared to the number and percentage of SNAP 

11 beneficiaries in each State who obtained a job but 

12 did not participate in an employment and training 

13 program. 

14 (3) The number and percentage of SNAP bene15 ficiaries in each State who retained a job for 6 

16 months, 1 year, and 5 years after completing an em17 ployment and training program and obtaining a job 

18 compared to the number and percentage of SNAP 

19 beneficiaries in each State who retained a job for 6 

20 months, 1 year, and 5 years but did not complete an 

21 employment and training program prior to obtaining 

22 that job. 

23 (4) The increase or decrease in wages, if appli24 cable, for SNAP beneficiaries in each State who re25 tained a job for 6 months, 1 year, and 5 years after 


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1 completing an employment and training program 

2 and obtaining a job compared to the increase or de3 crease in wages, if applicable, for SNAP bene4 ficiaries in each State who retained a job for 6 

5 months, 1 year, and 5 years but did not complete an 

6 employment and training program prior to obtaining 

7 that job. 

8 (5) The number and percentage of SNAP bene9 ficiaries who— 

10 (A) previously participated in an employ11 ment and training program; 

12 (B) after that participation, obtained a job 

13 or stopped receiving SNAP benefits; and 

14 (C) after regaining eligibility for SNAP 

15 benefits, reentered an employment or training 

16 program. 

17 (6) The average duration that SNAP bene18 ficiaries in each State participated in an employment 

19 and training program. 

20 (7) A breakdown of— 

21 (A) the types of employment and training 

22 activities offered by the employment and train23 ing program of each State; and 


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1 (B) the types of jobs that States are pre2 paring employment and training program par3 ticipants to obtain. 

4 SEC. 203. STATE MATCHING FUNDS. 

5 Section 4 of the Food and Nutrition Act of 2008 (7 

6 U.S.C. 2013) is amended by adding at the end the fol7 lowing: 

8 ‘‘(d) STATE MATCHING FUNDS.— 

9 ‘‘(1) IN GENERAL.—Each State that partici10 pates in the supplemental nutrition assistance pro11 gram shall, as a condition of participation, be re12 quired to contribute matching funds in an amount 

13 equal to, of the funds received from the Secretary by 

14 the State for program administration— 

15 ‘‘(A) for fiscal year 2023, 10 percent; 

16 ‘‘(B) for fiscal year 2024, 15 percent; 

17 ‘‘(C) for fiscal year 2025, 20 percent; 

18 ‘‘(D) for fiscal year 2026, 25 percent; 

19 ‘‘(E) for fiscal year 2027, 30 percent; 

20 ‘‘(F) for fiscal year 2028, 35 percent; 

21 ‘‘(G) for fiscal year 2029, 40 percent; 

22 ‘‘(H) for fiscal year 2030, 45 percent; and 

23 ‘‘(I) for fiscal year 2031 and each fiscal 

24 year thereafter, 50 percent. 


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1 ‘‘(2) ADDITIONAL CONTRIBUTIONS PER2 MITTED.—Nothing in this subsection prevents a 

3 State from contributing matching funds in an 

4 amount greater than the amount required under 

5 paragraph (1) for the applicable fiscal year.’’. 

6 SEC. 204. ELIGIBILITY. 

7 Section 5(a) of the Food and Nutrition Act of 2008 

8 (7 U.S.C. 2014(a)) is amended— 

9 (1) in the second sentence, by inserting ‘‘that 

10 are limited to families whose income and resources 

11 satisfy financial need criteria established in accord12 ance with subsections (c) and (g) by the State for 

13 receipt of the benefits’’ after ‘‘(42 U.S.C. 601 et 

14 seq.)’’; and 

15 (2) by inserting after the second sentence the 

16 following: ‘‘To be deemed eligible for participation in 

17 the supplemental nutrition assistance program under 

18 this subsection, a household shall receive a cash or 

19 noncash means-tested public benefit for at least 6 

20 consecutive months valued at not less than $50.’’. 

21 SEC. 205. COMPLIANCE WITH FRAUD INVESTIGATIONS. 

22 Section 6(d) of the Food and Nutrition Act of 2008 

23 (7 U.S.C. 2015(d)) is amended by adding at the end the 

24 following: 


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1 ‘‘(5) COMPLIANCE WITH FRAUD INVESTIGA2 TIONS.—To be eligible to participate in the supple3 mental nutrition assistance program, an individual 

4 shall cooperate with any investigation into fraud 

5 under that program, including full participation in 

6 any— 

7 ‘‘(A) meeting requested by fraud investiga8 tors; and 

9 ‘‘(B) administrative hearing.’’. 

10 SEC. 206. AUTHORIZED USERS OF ELECTRONIC BENEFIT 

11 TRANSFER CARDS. 

12 Section 7(h) of the Food and Nutrition Act of 2008 

13 (7 U.S.C. 2016(h)) is amended by adding at the end the 

14 following: 

15 ‘‘(15) AUTHORIZED USERS.— 

16 ‘‘(A) IN GENERAL.—A State agency shall 

17 register— 

18 ‘‘(i) at least 1 member of a household 

19 issued an EBT card as an authorized user 

20 of the card; and 

21 ‘‘(ii) an authorized representative of a 

22 household as an authorized user of the 

23 EBT card issued to the household. 

24 ‘‘(B) LIMIT.—Not more than 5 individuals 

25 shall be registered as authorized users, includVerDate Sep 11 2014 22:38 Apr 20, 2023 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1188.IS S1188

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1 ing the authorized representative of a house2 hold, on an EBT card. 

3 ‘‘(C) UNAUTHORIZED USE.— 

4 ‘‘(i) IN GENERAL.—An EBT card 

5 shall not be used by any individual who is 

6 not an authorized user of the EBT card. 

7 ‘‘(ii) 2 UNAUTHORIZED USES.—If an 

8 EBT card has been used 2 times by an un9 authorized user of the EBT card, the head 

10 of the household to which the EBT card is 

11 issued shall be required to review program 

12 rights and responsibilities with personnel 

13 of the State agency. 

14 ‘‘(iii) 4 UNAUTHORIZED USES.—If an 

15 EBT card has been used 4 times by an un16 authorized user of the EBT card, the State 

17 agency shall suspend benefits for the 

18 household to which the EBT card is issued 

19 for 1 month. 

20 ‘‘(iv) 6 UNAUTHORIZED USES.—If an 

21 EBT card has been used 6 times by an un22 authorized user of the EBT card, the State 

23 agency shall suspend benefits for the 

24 household to which the EBT card is issued 

25 for 3 months. 


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1 ‘‘(v) 7 OR MORE UNAUTHORIZED

2 USES.—If an EBT card has been used 7 

3 or more times by an unauthorized user of 

4 the EBT card, the State agency shall sus5 pend benefits for the household to which 

6 the EBT card is issued for 1 month per 

7 unauthorized use. 

8 ‘‘(vi) ADMINISTRATION.—Any action 

9 taken under clauses (ii) through (v) shall 

10 be consistent with sections 6(b) and 

11 11(e)(10), as applicable.’’. 

12 SEC. 207. REAUTHORIZATION OF MEDIUM- OR HIGH-RISK 

13 RETAIL FOOD STORES AND WHOLESALE 

14 FOOD CONCERNS. 

15 Section 9(a)(2)(A) of the Food and Nutrition Act of 

16 2008 (7 U.S.C. 2018(a)(2)(A)) is amended by striking ‘‘; 

17 and’’ and inserting ‘‘, which, in the case of a retail food 

18 store or wholesale food concern for which there is a me19 dium risk or high risk of fraudulent transactions, as deter20 mined by the fraud detection system of the Food and Nu21 trition Service, shall be annually; and’’. 

22 SEC. 208. STATE ACTIVITY REPORTS. 

23 Section 11 of the Food and Nutrition Act of 2008 

24 (7 U.S.C. 2020) is amended by adding at the end the fol25 lowing: 


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1 ‘‘(y) STATE ACTIVITY REPORTS.—The Secretary 

2 shall publish for each fiscal year a report describing the 

3 activity of each State in the supplemental nutrition assist4 ance program, which shall contain, for the applicable fiscal 

5 year, substantially the same information as is contained 

6 in the report published by the Food and Nutrition Service 

7 entitled ‘Supplemental Nutrition Assistance Program 

8 State Activity Report Fiscal Year 2016’ and published 

9 September 2017.’’. 

10 SEC. 209. DISQUALIFICATION BY STATE AGENCY. 

11 Section 12 of the Food and Nutrition Act of 2008 

12 (7 U.S.C. 2021) is amended by adding at the end the fol13 lowing: 

14 ‘‘(j) DISQUALIFICATION BY STATE AGENCY.— 

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (4), a State agency shall permanently dis17 qualify from participation in the supplemental nutri18 tion assistance program an approved retail food 

19 store or wholesale food concern convicted of— 

20 ‘‘(A) trafficking in food instruments (in21 cluding any voucher, draft, check, or access de22 vice (including an electronic benefit transfer 

23 card or personal identification number) issued 

24 in lieu of a food instrument under this Act); or 


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1 ‘‘(B) selling firearms, ammunition, explo2 sives, or controlled substances (as defined in 

3 section 102 of the Controlled Substances Act 

4 (21 U.S.C. 802)) in exchange for food instru5 ments (including any item described in subpara6 graph (A) issued in lieu of a food instrument 

7 under this Act). 

8 ‘‘(2) NOTICE OF DISQUALIFICATION.—The 

9 State agency shall— 

10 ‘‘(A) provide the approved retail food store 

11 or wholesale food concern with notification of 

12 the disqualification; and 

13 ‘‘(B) make the disqualification effective on 

14 the date of receipt of the notice of disqualifica15 tion. 

16 ‘‘(3) PROHIBITION OF RECEIPT OF LOST REVE17 NUES.—A retail food store or wholesale food concern 

18 shall not be entitled to receive any compensation for 

19 revenues lost as a result of disqualification under 

20 this subsection. 

21 ‘‘(4) EXCEPTIONS IN LIEU OF DISQUALIFICA22 TION.— 

23 ‘‘(A) IN GENERAL.—A State agency may 

24 permit a retail food store or wholesale food con25 cern that, but for this paragraph, would be disVerDate Sep 11 2014 22:38 Apr 20, 2023 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1188.IS S1188

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1 qualified under paragraph (1), to continue to 

2 participate in the supplemental nutrition assist3 ance program if the State agency determines, in 

4 its sole discretion, that— 

5 ‘‘(i) disqualification of the retail food 

6 store or wholesale food concern, as applica7 ble, would cause hardship to participants 

8 in the supplemental nutrition assistance 

9 program; or 

10 ‘‘(ii)(I) the retail food store or whole11 sale food concern had, at the time of the 

12 violation under paragraph (1), an effective 

13 policy and program in effect to prevent vio14 lations described in paragraph (1); and 

15 ‘‘(II) the ownership of the retail food 

16 store or wholesale food concern was not 

17 aware of, did not approve of, and was not 

18 involved in the conduct of the violation. 

19 ‘‘(B) CIVIL PENALTY.—If a State agency 

20 under subparagraph (A) permits a retail food 

21 store or wholesale food concern to continue to 

22 participate in the supplemental nutrition assist23 ance program in lieu of disqualification, the 

24 State agency shall assess a civil penalty in an 


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1 amount determined by the State agency, except 

2 that— 

3 ‘‘(i) the amount of the civil penalty 

4 shall not exceed $10,000 for each violation; 

5 and 

6 ‘‘(ii) the amount of civil penalties im7 posed for violations investigated as part of 

8 a single investigation may not exceed 

9 $40,000. 

10 ‘‘(C) REPORTING.— 

11 ‘‘(i) TO THE SECRETARY.—If a State 

12 agency under subparagraph (A) permits a 

13 retail food store or wholesale food concern 

14 to continue to participate in the supple15 mental nutrition assistance program in lieu 

16 of disqualification, the State agency shall 

17 annually submit to the Secretary a report 

18 describing the justification of the State 

19 agency for that action. 

20 ‘‘(ii) TO CONGRESS.—The Secretary 

21 shall annually submit to Congress a report 

22 compiling the information contained in re23 ports submitted to the Secretary under 

24 clause (i).’’. 


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1 SEC. 210. RETENTION OF RECAPTURED FUNDS BY STATES. 

2 Section 16(a) of the Food and Nutrition Act of 2008 

3 (7 U.S.C. 2025(a)) is amended— 

4 (1) in the second sentence, by striking ‘‘The of5 ficials’’ and inserting the following: 

6 ‘‘(3) PROHIBITION.—The officials’’; 

7 (2) in the first sentence— 

8 (A) by redesignating paragraphs (1) 

9 through (9) as subparagraphs (A) through (I), 

10 respectively; and 

11 (B) by striking ‘‘section 17(n): Provided, 

12 That the Secretary’’ and inserting the following: 

13 ‘‘section 17(n). 

14 ‘‘(2) ADMINISTRATION ON INDIAN RESERVA15 TIONS AND IN NATIVE VILLAGES.— 

16 ‘‘(A) IN GENERAL.—The Secretary’’; 

17 (3) in paragraph (2) (as so designated)— 

18 (A) in subparagraph (A), by striking ‘‘35 

19 percent’’ and inserting ‘‘50 percent’’; and 

20 (B) by adding at the end the following: 

21 ‘‘(B) USE OF RETAINED AMOUNTS FOR

22 FRAUD INVESTIGATIONS.—The value of funds 

23 or allotments recovered or collected pursuant to 

24 sections 6(b) and 13(c) that are retained by a 

25 State under subparagraph (A) in excess of 35 

26 percent shall be used by the State for investigaVerDate Sep 11 2014 22:38 Apr 20, 2023 Jkt 039200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S1188.IS S1188

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1 tions of fraud in the supplemental nutrition as2 sistance program.’’; and 

3 (4) by striking the subsection designation and 

4 all that follows through ‘‘Subject to’’ in the matter 

5 preceding paragraph (2) (as so designated) and in6 serting the following: 

7 ‘‘(a) ADMINISTRATIVE COST-SHARING.— 

8 ‘‘(1) IN GENERAL.—Subject to’’. 

Æ 


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