Sec. 4005. EMPLOYMENT AND TRAINING FOR SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

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## SEC. 4005 EMPLOYMENT AND TRAINING FOR SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM ###

(a)Employment and Training Programs That Meet State and Local Workforce Needs Section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) is amended— ####

(1)in subparagraph (A)— #####

(A)in clause (i)— ######

(i)by inserting “, in consultation with the State workforce development board, or, if the State demonstrates that consultation with private employers or employer organizations would be more effective or efficient, in consultation with private employers or employer organizations,” after “designed by the State agency”, and ######

(ii)by striking “ that will increase their ability to obtain regular employment. ” and inserting the following: > “that will— > > > ###### “(I) > > increase the ability of the household members to obtain regular employment; and > > > ###### “(II) > > meet State or local workforce needs.” > , and #####

(B)in clause

(ii)by inserting “and implemented to meet the purposes of clause (i)” after “under this paragraph”, ####

(2)in subparagraph (B)— #####

(A)in the matter preceding clause (i), by inserting “case management services such as comprehensive intake 132 STAT. 4628 assessments, individualized service plans, progress monitoring, or coordination with service providers and” after “contains”, #####

(B)in clause

(iv)by redesignating subclauses

(I)and

(II)as items

(aa)and (bb), respectively, and indenting appropriately, #####

(C)by redesignating clauses

(i)through

(vii)and clause

(viii)as subclauses

(I)through

(VII)and subclause (IX), respectively, and indenting appropriately, #####

(D)by striking subclause (I), as so redesignated, and inserting the following: > > ###### “(I) > > Supervised job search programs that occur at State-approved locations at which the activities of participants shall be directly supervised and the timing and activities of participants tracked in accordance with guidelines issued by the State.” > , #####

(E)in subclause (II), as so redesignated, by striking “jobs skills assessments, job finding clubs, training in techniques for” and inserting “employability assessments, training in techniques to increase”, #####

(F)in subclause (IV), as so redesignated, in the first sentence, by inserting “, including subsidized employment and apprenticeships” before the period at the end, #####

(G)in subclause (VII), as so redesignated, by inserting “not less than 30 days but” after “period of”, #####

(H)by inserting after subclause (VII), as so redesignated, the following: > > ###### “(VIII) > > Programs and activities under clause

(iv)of section 16(h)(1)(F) that the Secretary determines, based on results from the independent evaluations conducted under clause (vii)(I) of such section, have the most demonstrable impact on the ability of participants to find and retain employment that leads to increased household income and reduced reliance on public assistance.” > , #####

(I)in the matter preceding subclause (I), as so redesignated— ######

(i)by striking “this subparagraph” and inserting “this clause”, and ######

(ii)by striking “

(B)For purposes of this Act, an ” and inserting the following: > > ##### “(B) Definitions > > In this Act: > > > ###### “(i) Employment and training program > > The term” > , and #####

(J)by adding at the end the following: > > ###### “(ii) Workforce partnership > > > ###### “(I) In general > > The term ‘workforce partnership’ means a program that— > > > ###### “(aa) > > is operated by— > > > ###### “(AA) > > a private employer, an organization representing private employers, or a nonprofit organization providing services relating to workforce development; or > > > ###### “(BB) > > an entity identified as an eligible provider of training services under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)); > > > ###### “(bb) > > the Secretary certifies, or the State agency certifies to the Secretary— > > > ###### “(AA) > > subject to subparagraph (N)(ii), would assist participants who are members of households participating in the supplemental nutrition assistance program in gaining high-quality, work-relevant skills, training, work, or experience that will increase the ability of the participants to obtain regular employment; > > > ###### “(BB) > > subject to subparagraph (N)(ii), would provide participants with not less than 20 hours per week of training, work, or experience under subitem (AA); > > > ###### “(CC) > > would not use any funds authorized to be appropriated by this Act; > > > ###### “(DD) > > would provide sufficient information, on request by the State agency, for the State agency to determine that participants who are members of households participating in the supplemental nutrition assistance program are fulfilling any applicable work requirement under this subsection or subsection (o); > > > ###### “(EE) > > would be willing to serve as a reference for participants who are members of households participating in the supplemental nutrition assistance program for future employment or work-related programs; and > > > ###### “(FF) > > meets any other criteria established by the Secretary, on the condition that the Secretary shall not establish any additional criteria that would impose significant paperwork burdens on the workforce partnership; and > > > ###### “(cc) > > is in compliance with the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), if applicable. > > > ###### “(II) Inclusion > > The term ‘workforce partnership’ includes a multistate program.” > , ####

(3)in subparagraph (E)— #####

(A)in the second sentence, by striking “ Such requirements ” and inserting the following: > > ### “(ii) Variation > > The requirements under clause (i)” > , #####

(B)by striking “

(E)Each State ” and inserting the following: > > ##### “(E) Requirements for participation for certain individuals > > > ###### “(i) In general > > Each State” > , and #####

(C)by adding at the end the following: > > ### “(iii) Application to workforce partnerships > > To the extent that a State agency requires an individual to participate in an employment and training program, the State agency shall consider an individual participating in a workforce partnership to be in compliance with the employment and training requirements.” > , ####

(4)in subparagraph (H), by striking “(B)(v)” and inserting “(B)(i)(V)”, and ####

(5)by adding at the end the following: > > ##### “(N) Workforce partnerships > > > ###### “(i) Certification > > In certifying that a program meets the requirements of subitems

(AA)and

(BB)of subparagraph (B)(ii)(I)(bb) to be certified as a workforce partnership, the Secretary or the State agency shall require that the program submit to the Secretary or State agency sufficient information that describes— > > > ###### “(I) > > the services and activities of the program that would provide participants with not less than 20 hours per week of training, work, or experience under those subitems; and > > > ###### “(II) > > how the program would provide services and activities described in subclause

(I)that would directly enhance the employability or job readiness of the participant. > > > ###### “(ii) Supplement, not supplant > > A State agency may use a workforce partnership to supplement, not to supplant, the employment and training program of the State agency. > > > ###### “(iii) Participation > > A State agency— > > > ###### “(I) > > shall— > > > ###### “(aa) > > maintain a list of workforce partnerships certified under subparagraph (B)(ii)(I)(bb); and > > > ###### “(bb) > > not less frequently than at certification and recertification, provide to a household member subject to work requirements under subsection (d)(1) or subsection (o), electronically or by other means, the list described in item (aa); but > > > ###### “(II) > > may not require any member of a household participating in the supplemental nutrition assistance program to participate in a workforce partnership. > > > ###### “(iv) Effect > > > ###### “(I) In general > > A workforce partnership shall not replace the employment or training of an individual not participating in the workforce partnership. > > > ###### “(II) Selection > > Nothing in this subsection or subsection

(o)affects the criteria or screening process for selecting participants by a workforce partnership. > > > ###### “(v) Limitation on reporting requirements > > In carrying out this subparagraph, the Secretary and each applicable State agency shall limit the reporting requirements of a workforce partnership to— > > > ###### “(I) > > on notification that an individual is receiving supplemental nutrition assistance program benefits, notifying the applicable State agency that the individual is participating in the workforce partnership; > > > ###### “(II) > > identifying participants who have completed or are no longer participating in the workforce partnership; > > > ###### “(III) > > identifying changes to the workforce partnership that result in the workforce partnership no longer meeting the certification requirements of the Secretary or the State agency under subparagraph (B)(ii)(I)(bb); and > > > ###### “(IV) > > providing sufficient information, on request by the State agency, for the State agency to verify that a participant is fulfilling any applicable work requirements under this subsection or subsection (o). > > > ##### “(O) Referral of certain individuals > > > ###### “(i) In general > > In accordance with such regulations as may be issued by the Secretary, with respect to any individual who is not eligible for an exemption under paragraph

(2)and who is determined by the operator of an employment and training program component to be ill-suited to participate in that employment and training program component, the State agency shall— > > > ###### “(I) > > refer the individual to an appropriate employment and training program component; > > > ###### “(II) > > refer the individual to an appropriate workforce partnership, if available; > > > ###### “(III) > > reassess the physical and mental fitness of the individual under paragraph (1)(A); or > > > ###### “(IV) > > to the maximum extent practicable, coordinate with other Federal, State, or local workforce or assistance programs to identify work opportunities or assistance for the individual. > > > ###### “(ii) Process > > In carrying out clause (i), the State agency shall ensure that an individual undergoing and complying with the process established under that clause shall not be found to have refused without good cause to participate in an employment and training program.” > . ###

(b)Work Requirements Section 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)) is amended— ####

(1)in paragraph (1)— #####

(A)in subparagraph

(B)by striking “and” at the end, #####

(B)in subparagraph

(C)by striking “job search program or a job search training program.” and inserting “supervised job search program or job search training program;”, and #####

(C)by adding at the end the following: > > ##### “(D) > > a program of employment and training for veterans operated by the Department of Labor or the Department of Veterans Affairs, and approved by the Secretary; and > > > ##### “(E) > > a workforce partnership under subsection (d)(4)(N).” > , ####

(2)in paragraph (4)(A) by inserting “and with the support of the chief executive officer of the State” after “agency”, and ####

(3)in paragraph (6)— #####

(A)in the heading by striking “15-percent exemption” and inserting “Exemptions”, #####

(B)in subparagraph

(B)by striking “(G)” and inserting “(H)”, #####

(C)in subparagraph

(C)by striking “(E) and (G)” and inserting “(F) and (H)” , #####

(D)in subparagraph (D)— ######

(i)in the heading by striking “Subsequent fiscal years” and inserting “Fiscal years 1999 through 2019”, ######

(ii)by striking “(E) through (G)” and inserting “(F) through (H)”, and ######

(iii)by striking “year,” and inserting “year through fiscal year 2019,”, #####

(E)in subparagraph

(E)by striking “or (D)” and inserting “, (D), or (E)”, #####

(F)by redesignating subparagraphs (E), (F), and

(G)as subparagraphs (F), (G), and (H), respectively, and #####

(G)by inserting after subparagraph

(D)the following: > > ##### “(E) Subsequent fiscal years > > Subject to subparagraphs

(F)through (H), for fiscal year 2020 and each subsequent fiscal year, a State agency may provide a number of exemptions such that the average monthly number of exemptions in effect during the fiscal year does not exceed 12 percent of the number of covered individuals in the State, as estimated by the Secretary under subparagraph (C), adjusted by the Secretary to reflect changes in the State’s caseload and the Secretary’s estimate of changes in the proportion of members of households that receive supplemental nutrition assistance program benefits covered by waivers granted under paragraph (4).” > . ###

(c)State Plans Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is amended— ####

(1)in subsection (e)(19) by inserting “the 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 (29 U.S.C. 3111 et seq.),” before “and the basis,”, and ####

(2)by adding at the end the following: > > ### “(w) > > For households containing at least one adult, with no elderly or disabled members and with no earned income at their last certification or required report, a State agency shall, at the time of recertification, be required to advise members of the household not exempt under section 6(d)(2) regarding available employment and training services.” > . ###

(d)Funding of Employment and Training Programs Section 16(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(h)) is amended— ####

(1)in paragraph (1)— #####

(A)in subparagraph

(A)by striking “$90,000,000” and inserting “$103,900,000”, #####

(B)in subparagraph (C)— ######

(i)in clause

(i)by inserting “, subject to clauses

(ii)through (v),” after “(B), the Secretary”, and ######

(ii)by adding at the end the following: > > ###### “(iv) Priority > > The Secretary shall reallocate funds under this subparagraph as follows: > > > ###### “(I) > > > ######

(aa)> > Subject to items

(bb)and (cc), not less than 50 percent shall be reallocated to State agencies requesting such funds to conduct employment and training programs and activities for which such State agencies had previously received funding under subparagraph (F)(viii) that the Secretary determines have the most demonstrable impact on the ability of participants to find and retain employment that leads to increased household income and reduced reliance on public assistance. > > > ###### “(bb) > > The Secretary shall base the determination under item

(aa)on— > > > ###### “(AA) > > project results from the independent evaluations conducted under subparagraph (F)(vii)(I); or > > > ###### “(BB) > > if the project results from the independent evaluations conducted under subparagraph (F)(vii)(I) are not yet available, the reports under subparagraph (F)(vii)(II) or other information relating to performance of the programs and activities funded under subparagraph (F)(viii). > > > ###### “(cc) > > Employment and training activities funded under this subclause are not subject to subparagraph (F)(vii), but are subject to monitoring under paragraph (h)(5). > > > ###### “(II) > > Not less than 30 percent shall be reallocated to State agencies requesting such funds to implement or continue employment and training programs and activities under section 6(d)(4)(B)(i) that the Secretary determines have the most demonstrable impact on the ability of participants to find and retain employment that leads to increased household income and reduced reliance on public assistance, including programs and activities that are targeted to— > > > ###### “(aa) > > individuals 50 years of age or older; > > > ###### “(bb) > > formerly incarcerated individuals; > > > ###### “(cc) > > individuals participating in a substance abuse treatment program; > > > ###### “(dd) > > homeless individuals; > > > ###### “(ee) > > people with disabilities seeking to enter the workforce; > > > ###### “(ff) > > other individuals with substantial barriers to employment; or > > > ###### “(gg) > > households facing multi-generational poverty, to support employment and workforce participation through an integrated and family-focused approach in providing supportive services. > > > ###### “(III) > > The Secretary shall reallocate any remaining funds available under this subparagraph, to State agencies requesting such funds to use for employment and training programs and activities that the Secretary determines have the most demonstrable impact on the ability of participants to find and retain employment that leads to increased household income and reduced reliance on public assistance under section 6(d)(4)(B)(i). > > > ###### “(v) Consideration > > In reallocating funds under this subparagraph, a State agency that receives reallocated funds under clause (iv)(I) may also be considered for reallocated funding under clause (iv)(II).” > , and #####

(C)in subparagraph

(D)by striking “$50,000” and inserting “$100,000”, and ####

(2)in paragraph (5)(B) by adding at the end the following: > > ### “(v) State option > > The State agency may report relevant data from a workforce partnership carried out under section 6(d)(4)(N) to demonstrate the number of program participants served by the workforce partnership.” > . ###

(e)Expired Authority Section 17(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)) is amended— ####

(1)by striking paragraph (2), and ####

(2)by redesignating paragraph

(3)as paragraph (2).

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