Sec. 4015. Workforce solutions

2,641 words·~12 min read·/bill/115/hr/2/ih/section-4015

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 6(d) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(d) ) is amended— in paragraph (1)— in subparagraph (A)— by striking No and inserting Subject to subparagraph (C), no , by striking over the age of 15 and under the age of 60 and inserting at least 18 years of age and less than 60 years of age , by amending clause

(i)to read as follows: without good cause, fails to work or refuses to participate in either an employment and training program established in paragraph (4), a work program, or any combination of work, an employment and training program, or work program— a minimum of 20 hours per week, averaged monthly in fiscal years 2021 through 2025; or a minimum of 25 hours per week, averaged monthly in fiscal years 2026 and each fiscal year thereafter; . by striking clauses

(ii)and (vi), in clause

(iv)by adding or at the end, in clause (v)(II) by striking 30 hours per week; or and inserting the hourly requirements applicable under paragraph (1)(B)(i). , and by redesignating clauses (iii), (iv), and

(v)as clauses (ii), (iii), and (iv), respectively, by striking subparagraph (B), by amending subparagraph

(C)to read as follows: Subparagraph

(B)shall not apply to an individual during the first month that individual would otherwise become subject to subparagraph

(B)and be found in noncompliance with such subparagraph. , in subparagraph (D)— in clause (iii)(I) by striking

(A)each place it appears and inserting

(B), in clause

(iv)by striking (A)(v) and inserting (B)(iv) , and by striking clauses

(v)and (vi), by redesignating subparagraphs

(A)and

(D)as subparagraphs

(B)and (I), respectively, by inserting before subparagraph (B), as so redesignated, the following: In this subsection, the term work program means— a program under title I of the Workforce Innovation and Opportunity Act; a program under section 236 of the Trade Act of 1974 ( 19 U.S.C. 2296 ); and a program of employment and training operated or supervised by a State or political subdivision of a State that meets standards approved by the chief executive officer of the State and the Secretary, other than a program under paragraph (4). , and by inserting after subparagraph

(C)the following: During each of the fiscal years 2019 and 2020, States shall continue to implement and enforce the work and employment and training program requirements consistent with this subsection, subsection (e), subsection

(o)excluding paragraph (6)(F), section 7(i), section 11(e)(19), and section 16 (excluding subparagraphs (A), (B), (D), and

(C)of subsection (h)(1)) as those provisions were in effect on the day before the effective date of this subparagraph. The State agency shall issue a notice of adverse action to an individual not later than 10 days after the State agency determines that the individual has failed to meet the requirements applicable under subparagraph (B). The 1st time an individual receives a notice of adverse action issued under clause (i), the individual shall remain ineligible to participate in the supplemental nutrition assistance program until— the date that is 12 months after the date the individual became ineligible; the date the individual obtains employment sufficient to meet the hourly requirements applicable under subparagraph (B)(i); or the date that the individual is no longer subject to the requirements of subparagraph (B); whichever is earliest. The 2d or subsequent time an individual receives a notice of adverse action issued under clause (i), the individual shall remain ineligible to participate in the supplemental nutrition assistance program until— the date that is 36 months after the date the individual became ineligible; the date the individual obtains employment sufficient to meet the hourly requirements applicable under subparagraph (B)(i); or the date the individual is no longer subject to the requirements of subparagraph (B); whichever is earliest. On the request of a State agency, the Secretary may waive the applicability of subparagraph

(B)to individuals in the State if the Secretary makes a determination that the area in which the individuals reside— has an unemployment rate of over 10 percent; is designated as a Labor Surplus Area by the Employment and Training Administration of the Department of Labor for the current fiscal year based on the criteria for exceptional circumstances as described in section 654.5 of title 20 of the Code of Federal Regulations; has a 24-month average unemployment rate 20 percent or higher than the national average for the same 24-month period unless the 24-month average unemployment rate of the area is less than 6 percent, except that the 24-month period shall begin no earlier than the 24-month period the Employment and Training Administration of the Department of Labor uses to designate Labor Surplus Areas for the current fiscal year; or is in a State— that is in an extended benefit period (within the meaning of section 203 of the Federal-State Extended Unemployment Compensation Act of 1970); or in which temporary or emergency unemployment compensation is being provided under any Federal law. In carrying out clause (i), in the case of a jurisdiction for which Bureau of Labor Statistics unemployment data is limited or unavailable, such as an Indian Reservation or a territory of the United States, a State may support its request based on other economic indicators as determined by the Secretary. In carrying out clause (i), the Secretary may waive the applicability of subparagraph

(B)only to a State or individual areas within a State, except in the case of combined areas that are designated as Labor Market Areas by the Department of Labor. The Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and shall make available to the public, an annual report on the basis for granting a waiver under clause (i). In this subparagraph: The term caseload means the average monthly number of individuals receiving supplemental nutrition assistance program benefits during the 12-month period ending the preceding June 30. The term covered individual means a member of a household that receives supplemental nutrition assistance program benefits, or an individual denied eligibility for supplemental nutrition assistance program benefits solely due to the applicability of subparagraph (B), who— is not eligible for an exception under paragraph (2); does not reside in an area covered by a waiver granted under subparagraph (F); and is not complying with subparagraph (B). Subject to clauses

(iii)through (v), a State agency may provide an exemption from the requirements of subparagraph

(B)for covered individuals. Subject to clauses

(iv)and (v), for fiscal year 2021 and each subsequent fiscal year, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the State in fiscal year 2019, as estimated by the Secretary, based on the survey conducted to carry out section 16(c) for the most recent fiscal year and such other factors as the Secretary considers appropriate due to the timing and limitations of the survey. The Secretary shall adjust the number of individuals estimated for a State under clause

(iii)during a fiscal year if the number of members of households that receive supplemental nutrition assistance program benefits in the State varies from the State’s caseload by more than 10 percent, as determined by the Secretary. A State agency shall submit such reports to the Secretary as the Secretary determines are necessary to ensure compliance with this paragraph. The Secretary shall annually compile and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and shall make available to the public, an annual report that contains the reports submitted under subclause

(I)by State agencies. Nothing in this subsection shall make an individual eligible for benefits under this Act if the individual is not otherwise eligible for benefits under the other provisions of this Act. , in paragraph (2)— in the 1st sentence— by striking paragraph

(1)and inserting paragraph (1)(B) , and by striking

(E)and all that follows through the period at the end, and inserting the following:

(E)receiving weekly earnings which equal the minimum hourly rate under section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ), multiplied by the hourly requirement as specified in subparagraph (B);

(F)medically certified as mentally or physically unfit for employment; or

(G)a pregnant woman. , and by striking the last sentence, in paragraph

(3)by striking registration requirements and inserting requirement , in paragraph (4)— in subparagraph (A)— by redesignating clause

(ii)as clause (iii), and by inserting after clause

(i)the following: Each State agency shall offer employment and training program services sufficient for all individuals subject to the requirements of paragraph (1)(B)(i) who are not currently ineligible pursuant to paragraph (1)(E), exempt pursuant to subparagraphs

(F)and

(G)or paragraph

(2)of subsection (d), and for all individuals covered by paragraph (1)(C), to meet the hourly requirements specified in paragraph (1)(B)(i) to the extent that such requirements will not be satisfied by hours of work or participation in a work program. , and in subparagraph (B)— by inserting after contains the following: case management services consisting of comprehensive intake assessments, individualized service plans, progress monitoring, and coordination with service providers, and , by amending clause

(i)to read as follows: Supervised job search programs that occur at State-approved locations in which the activities of participants shall be directly supervised and the timing and activities of participants tracked in accordance with guidelines set forth by the State. , in clause

(ii)by striking jobs skills assessments, job finding clubs, training in techniques for and inserting employability assessments, training in techniques to increase , by striking clause (iii), in clause

(iv)in the 1st sentence by inserting , including subsidized employment, apprenticeships, and unpaid or volunteer work that is limited to 6 months out of a 12-month period before the period at the end, in clause

(v)by inserting , including family literacy and financial literacy, after literacy , in clause

(vii)by striking not more than , and by redesignating clauses

(iv)through

(viii)as clauses

(iii)through (vii), respectively, by striking subparagraphs (D), (E), and (F), and inserting the following: Each State agency shall establish requirements for participation by non-exempt individuals in the employment and training program components listed in clauses

(i)through

(vii)of subparagraph (B). Such requirements may vary among participants. , in subparagraph

(H)by striking (B)(v) and inserting (B)(iv) , and by redesignating subparagraphs

(G)through

(M)as subparagraphs

(E)through (K), respectively. Section 5(d)(14) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(d)(14) ) is amended by striking 6(d)(4)(I) and inserting 6(d)(4)(G) . Section 51(d)(8)(A)(ii) of the Internal Revenue Code of 1986 ( 26 U.S.C. 51(d)(8)(A)(ii) ) is amended— in subclause

(I)by striking , or and inserting a period, by striking family— and all that follows through

(I)receiving and inserting family receiving , and by striking subclause (II). The Workforce Innovation and Opportunity Act ( Public Law 113–128 ; 128 Stat. 1425) is amended— in section 103(a)(2) by striking subparagraph (D), and in section 121(b)(2)(B) by striking clause (iv). Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 ) is amended— in subsection

(e)by amending paragraph

(5)to read as follows: is a parent or other household member with responsibility for the care of a dependent child under 6 years of age or of an incapacitated person; , and by striking subsection (o). The Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.) is amended— in section 6, as amended by section 4007 and subsection (c), by redesignating subsections

(p)through

(s)as subparagraphs

(n)through (q), respectively, and in section 7(i)(1) by striking 6(o)(2) and inserting 6(d)(1)(B) . Section 11(e)(19) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e)(19) ) is amended by striking geographic areas and households to be covered under such program, and the basis, including any cost information, and inserting extent to which such programs will be carried out in coordination with the activities carried out under title I of the Workforce Innovation and Opportunity Act, the plan for meeting the minimum services requirement under section 6(d)(4)(A)(ii) including any cost information, and the basis . Section 16(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(h) ) is amended— in paragraph (1)— in subparagraph

(A)by striking $90,000,000 and all that follows through the period at the end and inserting the following: under section 18(a)(1)— $90,000,000 for fiscal year 2019; $250,000,000 for fiscal year 2020; and $1,000,000,000 for each fiscal year thereafter. , by amending subparagraph (B)(ii) to read as follows: takes into account— for fiscal years 2019 and 2020, the number of individuals who are not exempt from the work requirement under section 6(o) as that section existed on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018 ; and for fiscal years 2021 and each fiscal year thereafter, the number of individuals who are not exempt from the requirements under 6(d)(1)(B). , in subparagraph

(D)by striking $50,000 and inserting $100,000 , and by amending subparagraph

(E)to read as follows: Of the funds made available under this paragraph for fiscal year 2021 and for each fiscal year thereafter, not more than $150,000,000 shall be reserved for allocation to States to provide training services by eligible providers identified under section 122 of the Workforce Innovation and Opportunity Act for participants in the supplemental nutrition assistance program to meet the hourly requirements under section 6(d)(1)(B) of this Act. , and in paragraph (5)(C)— in clause

(ii)by adding and at the end, in clause

(iii)by striking ; and and inserting a period, and by striking clause (iv). Subsection

(b)of section 16 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(b) ) is repealed. Section 5(e)(2)(A) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(e)(2)(A) ) is amended to read as follows: In this paragraph, the term ‘‘earned income’’ does not include income excluded by subsection (d). . Section 20 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2029 ) is repealed. The Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.) is amended— in section 16(h)— in paragraph (1)(F)— in clause (i)— in subclause

(I)by inserting (as in effect on the day before the date of the enactment of the after Agriculture and Nutrition Act of 2018 ) this Act , and in subclause (II)(bb) by inserting (as in effect on the day before the date of the enactment of the before the period at the end, Agriculture and Nutrition Act of 2018 ) in clause (ii)— in subclause (II)(cc) by inserting (as in effect on the day before the date of the enactment of the after Agriculture and Nutrition Act of 2018 ) 20 , and in subclause (III)(ee)(AA) by inserting as in effect on the day before the date of the enactment of the after Agriculture and Nutrition Act of 2018 6(o) , and in clause (vi)(I) by inserting as in effect on the day before the date of the enactment of the after Agriculture and Nutrition Act of 2018 6(d) , and in paragraph

(3)by striking under section 6(d)(4)(I)(i)(II) and inserting for dependent care expenses under section 6(d)(4) , and in section 17(b)— in paragraph(1)(B)(iv)(III)(jj) by inserting as in effect on the day before the date of the enactment of the after Agriculture and Nutrition Act of 2018 20 , and by striking paragraph (2).

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