Current Law

Proposed Law

§10001. Thrifty food plan^a

Maximum monthly SNAP benefit allotments are tied to the cost of purchasing a nutritionally adequate, low-cost diet as measured by the USDA-created and -calculated market basket, the Thrifty Food Plan (TFP). The 2018 farm bill required a reevaluation of the TFP's contents every five years. USDA's 2021 reevaluation for the contiguous states and the District of Columbia (unlike reevaluations in 2006 and earlier) did not hold the cost of the new basket neutral, and benefits increased approximately $12-$16 per person per month.^b Separate from reevaluating the contents, the TFP is adjusted for inflation annually based on the cost of the market basket's contents, using Consumer Price Index for all Urban Consumers (CPI-U) data for the specific food types. USDA anticipates the next reevaluation in 2026. The TFP is also used as an index of inflation to calculate annual mandatory funding for TEFAP entitlement commodities as well as the Nutrition Assistance Program block grants for Puerto Rico and American Samoa
(7 U.S.C. §2012(u); 7 U.S.C. §2017(a))

H.R. 1 would provide that not earlier than October 1, 2028, and at intervals not more frequent than five years, USDA would have discretion to reevaluate the market baskets of the TFP. Prior to any update based on such a reevaluation, the methodology and results would be required to be published in the Federal Register with a comment period of at least 60 days. Constraints would be added that would prevent USDA from reevaluating the TFP in a way that exceeds the rate of inflation. USDA would be required annually to adjust TFP's value according to the CPI-U.

§10002. Able-bodied adults without dependents work requirements

Able-bodied adults without dependents (ABAWDs), ages 18-54, who do not meet specified work requirements (20 hours per week of work or participation in specified programs) are limited to receiving three months of SNAP benefits in a 36-month period. Dependent children are those under age 18. Some individuals are exempt from this time limit, including pregnant women and those exempt from the general work requirements (see discussion of Section 10008). Until October 1, 2030, there are exemptions for veterans, individuals experiencing homelessness, and certain individuals who aged out of foster care. The sunset also applies to the upper age limit; the upper limit would return to age 49 on October 1, 2030.
(7 U.S.C. §2015(o), 7 U.S.C. §2015(d)(2))

H.R. 1 would expand the population subject to the time limit to ages 18-64 and adults with child dependents ages 7-17. Neither of these policy changes would sunset, but H.R. 1 would retain the sunset date for veterans, individuals experiencing homelessness, and certain individuals who aged out of foster care.

§10003. Able-bodied adults without dependents waivers

States and portions of states may request waivers, subject to USDA approval, from enforcement of the ABAWD time limit if specified unemployment conditions are occuring. The statute says areas eligible for a waiver are those with an unemployment rate greater than 10% or an area that "does not have a sufficient number of jobs." Federal regulation defines "lack of sufficient jobs," allowing a variety of data to constitute this lack, including if the area's unemployment rate is at least 20% above the national average. The regulation lists a number of grounds for lack of sufficient jobs that are "readily approvable." (7 U.S.C. §2015(o); 7 C.F.R. §273.24)^d

States enforcing the time limit earn discretionary exemptions, which they may use to provide a time-limited individual an additional month or months of benefits. States' available exemptions are calculated based on 8% of the caseload estimated to be subject to the time limit. (7 U.S.C. §2015(o)(6))

H.R. 1 would limit waivers to "counties or county-equivalents" with unemployment rates of over 10% and the waivers' duration would be limited to 12 consecutive months. Discretionary exemptions would be reduced to 1% of the caseload estimated to be subject to the time limit.

§10004. Availability of standard utility allowances based on receipt of energy assistance

In SNAP eligibility determination, a household's benefit amount can increase if it qualify for including an "excess shelter deduction" in its benefit calculation. A household can use a Low Income Home Energy Assistance Program (LIHEAP) payment (so long as it is greater than $20) as evidence that it has incurred heating and cooling costs. This receipt garners a standard utility allowance (SUA), a figure that enters into the SNAP benefit calculation equation and makes qualifying for an excess shelter deduction more likely. LIHEAP payments are excluded from counted income. (7 U.S.C. §2014(e)(6)(C))

For households without elderly members, a LIHEAP payment (of any amount) would no longer suffice for the SUA. H.R. 1 would not change the law for households with elderly or disabled members.

§10005. Restrictions on internet expenses

In SNAP eligibility determination, statute does not prohibit the inclusion of internet costs in calculating utility costs for an "excess shelter deduction" in the benefit calculation. Federal regulation enumerates the extent to which internet costs can be included. (7 U.S.C. §2014(e)(6); 7 CFR §273.9(d)(6)(ii)(C))

H.R. 1 would prohibit use of household internet costs in calculating the excess shelter expense deduction.

§10006. Matching funds requirements

The cost of SNAP benefits are funded 100% by the federal government. (7 U.S.C. §2013)

(See Section 10010 below for background on the calculation of error rates. Recent error rates are available on the USDA, FNS website.^e)

Beginning in FY2028, H.R. 1 would require all states to contribute at least 5% of the cost of SNAP benefits, with higher matching requirements based on a state's error rate. States with error rates equal to or greater than 6% but less than 8% would be required to contribute 15%, those with error rates equal to or greater than 8% but less than 10% would be required to contribute 20%, and those with error rates equal to or greater than 10% would be required to contribute 25%.

§10007. Administrative cost sharing

States' costs to administer SNAP (i.e., costs associated with determining household eligibility and issuing benefits) are reimbursed 50% by the federal government.
(7 U.S.C. §2025(a))

States' costs to administer SNAP would be reimbursed 25% by the federal government.

§10008. General work requirement age

Most adults who are not elderly or disabled must register for work (typically with the SNAP state agency or a state employment service office); accept a suitable job if offered one; fulfill any work, job search, or training requirements established by administering state SNAP agencies; provide the administering public assistance agency with sufficient information to allow a determination with respect to their job availability; and not voluntarily quit a job without good cause or reduce work effort below 30 hours a week. The law exempts those who are physically or mentally unfit for work, under age 16 or over age 59, caring for dependents who are incapacitated or under age six, and specified others.^f Individuals may be disqualified from SNAP for failure to comply with these general work requirements for a period depending on whether it is a first, second, or third violation. (7 U.S.C. §2015(d))

H.R. 1 would reduce the scope of individuals exempt from the general work requirements, making 60-64-year-olds,16-year-olds, and those caring for children age seven or older subject to general work requirements unless otherwise exempt.

§10009. National Accuracy Clearinghouse

Following an interstate pilot program to check for duplicative interstate issuance of SNAP benefits, the 2018 farm bill (P.L. 115-334) required the establishment of the National Accuracy Clearinghouse (NAC) to identify concurrent SNAP enrollment in multiple states and required state action on information that could change benefit amounts. USDA implemented the provision with an interim final rule in October 2022. (7 U.S.C. §2020(x); 7 C.F.R. §272.18) Some states operate integrated eligibility systems that integrate SNAP with their Temporary Assistance for Needy Families (TANF), Medicaid, and other means-tested programs.

H.R. 1 would require state agencies to use NAC's indications of multiple SNAP issuances to prevent multiple issuances of other federal and state assistance program benefits through the integrated eligibility system that the state uses to administer SNAP.

§10010. Quality control zero tolerance

SNAP's Quality Control (QC) system measures errors in SNAP by calculating estimated overpayments and underpayments that exceed a certain dollar threshold. Errors are estimated using a sample of each state's SNAP cases. USDA estimates national and state error rates by comparing the errors to total benefits issued. These rates are used as a basis for calculating state liability amounts for low performance. The certain dollar threshold is called the QC error tolerance threshold (or tolerance level). Over the years, the way that statute and regulation have set the error tolerance threshold amount has changed. Since FY2014, the QC error tolerance threshold has been set in statute at $37 (with annual inflation adjustment). The FY2025 threshold is $57. (7 U.S.C. §2025(c)) Errors are not the same as fraud.

H.R. 1 would reduce the QC error tolerance threshold to $0 for FY2026 and subsequent years.

§10011. National education and obesity prevention grant program repealer^g

Formerly called SNAP Nutrition Education (and sometimes still referred to as SNAP-Ed), the Nutrition Education and Obesity Prevention Grant Program delivers formula grant funding for states to provide nutrition and fitness education programs for SNAP (and other domestic food assistance program) participants as well as other low-income households.^h The program receives annual mandatory funding according to statutory parameters; funding was $506 million in FY2023.
(7 U.S.C. §2036a)

H.R. 1 would eliminate the program.

§10012. Alien SNAP eligibilityⁱ

Noncitizen eligibility for SNAP is governed by the term "qualified alien," which is defined to include lawful permanent residents (LPRs), refugees, asylees, aliens paroled into the United States for at least one year, certain battered aliens, certain victims of trafficking, and migrants lawfully residing in the United States pursuant to the Compact of Free Association (COFA) (8 U.S.C. §1641). Certain qualified aliens are barred from SNAP for the first five years after entry/grant of status, including certain LPRs, battered aliens, and parolees (8 U.S.C. §1613). The income and financial resources of ineligible noncitizens are required to be considered in determining their household's eligibility and allotment for SNAP. (7 U.S.C. §2015(f))

H.R. 1 would limit noncitizen eligibility for SNAP to the following groups: LPRs (subject to the existing five-year-bar), certain Cuban parolees approved for family-based immigration and who meet other criteria, and COFA migrants lawfully residing in the United States. These individuals would also have to be otherwise eligible for SNAP.

§10013. Emergency food assistance^j

The 2018 farm bill (§4018 of P.L. 115-334) established projects within TEFAP aimed at supporting food recovery and donation from farms and other agricultural entities to food banks and similar feeding organizations (Farm to Food Bank Projects). The law provided $4 million in annual mandatory funding for the projects from FY2019 to FY2023, which was extended through FY2024 by P.L. 118-22. While FY2024 funds can carry over, funding for Farm to Food Bank Projects has not been specifically provided for FY2025. (7 U.S.C. §7507(d))

H.R. 1 would extend funding for TEFAP's Farm to Food Bank Projects, providing $4 million in annual mandatory funding for each of FY2025-FY2031.