Title: Food for Families in Crisis Act of 2020
Policy area: Agriculture and Food

Summary:
Food for Families in Crisis Act of 2020
This bill revises the Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) during an elevated unemployment period in the United States. Additionally, the bill directs the Bureau of Labor Statistics to include in each monthly employment situation report it publishes a specific determination of whether an elevated unemployment period is in existence in the United States.
During an elevated unemployment period, the bill (1) eliminates work requirements under SNAP, (2) increases benefits under SNAP, (3) revises eligibility requirements under SNAP to ensure the use of a broad-based categorical eligibility, and (4) requires the Department of Agriculture to make $150 million (adjusted for inflation) available for the costs of state administrative expenses associated with carrying out this bill and administering SNAP.
The bill waives the non-federal share requirement to carry out activities for the food distribution program on Indian reservations.
The bill also prohibits funding from being used to implement certain rules related to SNAP, including the final rule titled Supplemental Nutrition Assistance Program: Requirements for Able-Bodied Adults Without Dependents, published on December 5, 2019.

[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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