State Nutrition Assistance Flexibility Act of 2012 - States that the purpose of this Act is to provide federal financial assistance to the states in the form of a single grant to allow the states flexibility in providing, and financing the provision of, supplemental food and nutrition assistance.
Directs the Secretary of the Treasury to provide each qualifying state with a specified quarterly grant for each of FY2013 through FY2022.
Requires a state to certify that such supplemental food and nutrition assistance will include specified work and benefits use requirements.
Authorizes states to: (1) set aside funds to be used during periods of unexpectedly high unemployment or program enrollment, and (2) use up to 30% of funds for other welfare-related programs.
Prohibits supplemental food and nutrition assistance from being provided to aliens who are not residing legally in the United States.
Requires annual state audits.
Sets forth federal program authorities and nondiscrimination provisions.
Repeals the: (1) the supplemental nutrition assistance program (SNAP, formerly known as the food stamp program); (2) the emergency food assistance program; (3) community food projects; (4) the commodity supplemental food program; (5) the senior farmers' market nutrition program; and (6) the fresh fruit and vegetable program.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6567 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6567
To replace certain Federal nutrition programs with a block grant to the
States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 2, 2012
Mr. Huelskamp (for himself, Mr. Broun of Georgia, Mr. Chabot, Mr.
Jordan, Mr. King of Iowa, Mr. Bishop of Utah, and Mr. Westmoreland)
introduced the following bill; which was referred to the Committee on
Agriculture, and in addition to the Committees on Ways and Means and
Education and the Workforce, 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 replace certain Federal nutrition programs with a block grant to the
States, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``State Nutrition
Assistance Flexibility Act of 2012''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Grants to States.
Sec. 4. Administrative and fiscal accountability.
Sec. 5. Nondiscrimination provisions.
Sec. 6. Definitions.
Sec. 7. Report on reduction of Federal administrative expenditures.
Sec. 8. Repeals.
Sec. 9. Severability.
Sec. 10. Effective date.
SEC. 2. PURPOSE.
The purpose of this Act is to provide Federal financial assistance
to the States, in the form of a single grant, to allow the States
maximum flexibility in providing, and financing the provision of,
supplemental food and nutrition assistance.
SEC. 3. GRANTS TO STATES.
(a) In General.--Subject to the requirements of this Act, each
State that meets the requirements of subsection (d) is entitled to
receive from the Secretary of the Treasury a grant for each quarter of
fiscal years 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, and
2022, in an amount that is equal to 25 percent of the sum of--
(1) the total amount of funds received by a State; and
(2) with funds not received by a State, the dollar value of
in-kind benefits (as determined by the Secretary of
Agriculture) provided to residents of such State;
under the provisions listed in section 8 for fiscal year 2008.
(b) Appropriation.--Out of any money in the Treasury of the United
States not otherwise appropriated, there are appropriated for fiscal
years 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 and 2022
such sums as are necessary for grants under this subsection (a).
(c) Requirements Relating to Intergovernmental Financing.--The
Secretary of the Treasury shall make the transfer of funds under grants
under subsection (a) directly to each State in accordance with the
requirements of section 6503 of title 31, United States Code.
(d) State Requirements.--In order to receive a grant under
subsection (a), the Governor of a State shall certify to the Secretary
of the Treasury that the supplemental food and nutrition assistance
that will be provided by the State using such grant will include--
(1) as conditions of receiving supplemental food and
nutrition assistance, work requirements that are at least as
strict as the work requirements which a State is required to
impose under a State program funded under part A of title IV of
the Social Security Act on recipients of assistance under such
a program; and
(2) limitations on the eligible uses of benefits that are
at least as restrictive as the limitations in place for the
supplemental nutrition assistance program established under the
Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) as of
May 31, 2012.
(e) Expenditure of Funds.--
(1) In general.--Except as provided in paragraph (2),
amounts received by a State under subsection (a) for any fiscal
year shall be expended by the State in such fiscal year or in
the succeeding fiscal year.
(2) Use of rainy day fund permitted.--Of the amounts
received by a State under subsection (a), the State may set
aside, in a separate account, such amounts as the State deems
necessary to provide, without fiscal limitation, supplemental
food and nutrition assistance and services for indigent
individuals during--
(A) periods of unexpectedly high rates of
unemployment; or
(B) periods related to circumstances that are not
described in subparagraph (A) and that cause unexpected
increases in the need for such assistance and services
for such individuals.
(3) Funds remaining after fiscal year 2022.--If, after
2022, a State has funds in the account under paragraph (2), the
State may only expend such funds if such funds are used in a
manner that is permitted under subsection (f), as such
subsection is in effect on September 30, 2022.
(f) Use of Funds.--A State may only use the amounts received under
subsection (a) as follows:
(1) General purpose.--For the purpose under section 2,
except that nothing in this Act shall be construed as limiting
the flexibility of a State to determine which providers of such
assistance and services qualify to receive payment from a grant
made to the State under subsection (a).
(2) Authority to use portion of federal assistance for
other welfare-related programs.--
(A) In general.--Subject to the limit under
subparagraph (B), to carry out a State program pursuant
to any or all of the following provisions of law:
(i) Part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.).
(ii) Section 1616 of such Act (42 U.S.C.
1382e).
(B) Limitation.--A State may not use more than 30
percent of the amount received under subsection (a) for
a fiscal year to carry out a State program, or
programs, under subparagraph (A).
(C) Requirements on funds.--Any amounts that are
used under subparagraph (A)--
(i) shall not be subject to any of the
requirements of subsection (e) or section 5;
and
(ii) shall be subject to--
(I) the audit requirements under
section 4; and
(II) any requirements that apply to
Federal funds provided directly for
such State program.
(g) No Funding for Illegal Aliens.--Except as provided under this
Act, no funds appropriated in this Act may be used to provide
supplemental food and nutrition assistance to an alien who is not
lawfully admitted for permanent residence or otherwise permanently
residing in the United States under color of law.
(h) Nonentitlement.--Nothing in this Act shall be construed as
providing an individual with an entitlement to supplemental food and
nutrition assistance under this Act.
SEC. 4. ADMINISTRATIVE AND FISCAL ACCOUNTABILITY.
(a) Audits.--
(1) Contract with approved auditing entity.--Not later than
October 1, 2013, and annually thereafter, a State shall
contract with an approved auditing entity (as defined under
paragraph (3)(B)) for purposes of conducting an audit under
paragraph (2) (with respect to the fiscal year ending September
30 of such year).
(2) Audit requirement.--Under a contract under paragraph
(1), an approved auditing entity shall conduct an audit of the
expenditures or transfers made by a State from amounts received
under a grant under this section 3(a) with respect to the
fiscal year which such audit covers, to determine the extent to
which such expenditures and transfers were expended in
accordance with this Act.
(3) Entity conducting audit.--
(A) In general.--With respect to a State, the audit
under paragraph (2) shall be conducted by an approved
auditing entity in accordance with generally accepted
auditing principles.
(B) Approved auditing entity.--For purposes of this
section, the term ``approved auditing entity'' means,
with respect to a State, an entity that is--
(i) approved by the Secretary of the
Treasury;
(ii) approved by the chief executive
officer of the State; and
(iii) independent of any Federal, State, or
local agency.
(4) Submission of audit.--Not later than December 31, 2013,
and annually thereafter, a State shall submit the results of
the audit under paragraph (2) (with respect to the fiscal year
ending on September 30 of such year) to the State legislature
and to the Secretary of the Treasury.
(5) Additional accounting requirements.--The provisions of
chapter 75 of title 31, United States Code, shall apply to the
audit requirements of this section.
(b) Reimbursement and Penalty.--If, through an audit conducted
under subsection (a), an approved auditing entity finds that any
amounts paid to a State under a grant under section 3(a) were not
expended in accordance with this Act--
(1) the State shall pay to the Treasury of the United
States any such amount, plus 10 percent of such amount as a
penalty; or
(2) the Secretary of the Treasury shall offset such amount
plus the 10 percent penalty against any other amount in any
other fiscal year that the State may be entitled to receive
under a grant under section 3(a).
(c) Annual Reporting Requirements.--
(1) In general.--Not later than January 31, 2014, and
annually thereafter, each State shall submit to the Secretary
of the Treasury and the State legislature a report on the
activities carried out by the State during the most recently
completed fiscal year with funds received by the State under a
grant under section 3(a) for such fiscal year.
(2) Content.--A report under paragraph (1) shall, with
respect to a fiscal year--
(A) contain the results of the audit conducted by
an approved auditing entity for a State for such fiscal
year, in accordance with the requirements of subsection
(a) of this section;
(B) specify the amount of the grant made to the
State under section 3(a) that is used to carry out a
program under section 3(f)(2); and
(C) be in such form and contain such other
information as the State determines is necessary to
provide--
(i) an accurate description of the
activities conducted by the State for the
purpose described under section 2 and any other
use of funds permitted under subsections (d)
and (e) of section 3; and
(ii) a complete record of the purposes for
which amounts were expended in accordance with
this Act.
(3) Conformity with accounting principles.--Any financial
information in the report under paragraph (1) shall be prepared
and reported in accordance with generally accepted accounting
principles, including the provisions of chapter 75 of title 31,
United States Code.
(4) Public availability.--A State shall make copies of the
reports required under this section available on a public Web
site and shall make copies available in other formats upon
request.
(d) Failure To Comply With Requirements.--The Secretary of the
Treasury shall not make any payment to a State under a grant authorized
by section 3(a)--
(1) if an audit for a State is not submitted as required
under subsection (a), during the period between the date such
audit is due and the date on which such audit is submitted; or
(2) if a State fails to submit a report as required under
subsection (c), during the period between the date such report
is due and the date on which such report is submitted.
(e) Administrative Supervision and Oversight.--
(1) Limited role for secretary of the treasury and the
attorney general.--
(A) Treasury.--The authority of the Secretary of
the Treasury under this Act is limited to--
(i) promulgating regulations, issuing
rules, or publishing guidance documents to the
extent necessary for purposes of implementing
subsections (a)(3)(B), (b), and (d);
(ii) making quarterly payments to the
States under grants under this Act in
accordance with section 3(a);
(iii) approving entities under subsection
(a)(3)(B) for purposes of the audits required
under subsection (a);
(iv) withholding payment to a State of a
grant under subsection (d) or offsetting a
payment of such a grant to a State under
subsection (b); and
(v) exercising the authority relating to
nondiscrimination that is specified in section
5(b).
(B) Attorney general.--The authority of the
Attorney General to supervise the amounts received by a
State under section 3(a) is limited to the authority
under section 5(c).
(2) Federal supervision.--
(A) In general.--Except as provided under paragraph
(1), an administrative officer, employee, department,
or agency of the United States (including the
Secretaries of Agriculture and Health and Human
Services) may not--
(i) supervise--
(I) the amounts received by the
States under section 3(a); or
(II) the use of such amounts by the
States; or
(ii) promulgate regulations or issue rules
in accordance with this Act.
(B) Limitation on secretaries of agriculture and
health and human services.--The Secretaries of
Agriculture and Health and Human Services shall have no
authority over any provision of this Act.
(f) Reservation of State Powers.--Nothing in this section shall be
construed to limit the power of a State, including the power of a State
to pursue civil and criminal penalties under State law against any
individual or entity that misuses, or engages in fraud or abuse related
to the funds provided to a State under this Act.
SEC. 5. NONDISCRIMINATION PROVISIONS.
(a) Nondiscrimination Against Individuals.--No individual shall be
excluded from participation in, denied the benefits of, or subjected to
discrimination under, any program or activity funded in whole or in
part with amounts paid to a State under this section 3(a) on the basis
of such individual's--
(1) disability under section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794);
(2) sex under title IX of the Education Amendments of 1972
(20 U.S.C. 1681 et seq.); or
(3) race, color, or national origin under title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
(b) Compliance.--
(1) In general.--If the Secretary of the Treasury
determines that a State or an entity that has received funds
from amounts paid to a State under a grant under section 3(a)
has failed to comply with a provision of law referred to in
subsection (a), the Secretary of the Treasury shall notify the
chief executive officer of the State of such failure to comply
and shall request that such chief executive officer secure such
compliance.
(2) Refusal to secure compliance.--If, not later than 60
days after receiving notification under paragraph (1), the
chief executive officer of a State fails or refuses to secure
compliance with the provision of law referred to in such
notification, the Secretary of the Treasury may--
(A) refer the matter to the Attorney General with a
recommendation that an appropriate civil action be
instituted; or
(B) exercise the powers and functions provided
under section 505 of the Rehabilitation Act of 1973 (29
U.S.C. 794a), title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.), or title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.) (as
applicable).
(c) Civil Actions.--If a matter is referred to the Attorney General
under subsection (b)(2)(A), or the Attorney General has reason to
believe that a State or entity has failed to comply with a provision of
law referred to in subsection (a), the Attorney General may bring a
civil action in an appropriate district court of the United States for
such relief as may be appropriate, including injunctive relief.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) Supplemental food and nutrition assistance.--The term
``supplemental food and nutrition assistance'' shall be defined
by a State with respect to use of such term for purposes of the
application of this Act to the State.
(2) State.--The term ``State'' has the meaning given the
term in section 3 of the Food and Nutrition Act of 2008 (7
U.S.C. 2012) as of May 31, 2012.
SEC. 7. REPORT ON REDUCTION OF FEDERAL ADMINISTRATIVE EXPENDITURES.
Beginning not later than October 31, 2013, and annually thereafter
until October 31, 2022, the Secretaries of Agriculture and Health and
Human Services, in consultation with the Secretary of the Treasury,
shall submit a report to the Committee on Energy and Commerce in the
House of Representatives and the Finance Committee in the Senate
containing a description of the total reduction in Federal expenditures
required to administer and provide oversight for the programs to
provide supplemental food and nutrition assistance to indigent
individuals under this Act, compared to the expenditures required to
administer and provide oversight for the programs listed in section 8,
as such programs were in effect on September 30, 2012.
SEC. 8. REPEALS.
The following provisions are repealed:
(1) The Emergency Food Assistance Act of 1983 (7 U.S.C.
7501 et seq.).
(2) Section 5 of the Agriculture and Consumer Protection
Act of 1973, (commonly known as the commodity supplemental food
program) (7 U.S.C. 612c note).
(3) Section 4402 of Public Law 107-171 (relating to the
seniors farmers' market nutrition program) (7 U.S.C. 3007).
(4) The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.).
(5) Section 19 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769a).
SEC. 9. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person or circumstance, is found to be unconstitutional, the
remainder of this Act, or the application of that provision to other
persons or circumstances, shall not be affected.
SEC. 10. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect with
respect to items and services furnished on or after October 1, 2012.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Agriculture, and in addition to the Committees on Ways and Means, and Education and the Workforce, 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.
Referred to the Committee on Agriculture, and in addition to the Committees on Ways and Means, and Education and the Workforce, 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.
Referred to the Committee on Agriculture, and in addition to the Committees on Ways and Means, and Education and the Workforce, 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.
Referred to the Subcommittee on Nutrition and Horticulture .
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