State Nutrition Assistance Flexibility Act of 2013 - 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 FY2014-FY2023.
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 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1355 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1355
To replace certain Federal nutrition programs with a block grant to the
States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2013
Mr. Huelskamp (for himself, Mr. Gohmert, Mr. Schweikert, Mr. Denham,
and Mrs. Blackburn) 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 2013''.
(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. Repeals.
Sec. 8. Severability.
Sec. 9. 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) Allotments.--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
each of fiscal years 2014 through 2023 in an amount equal to 25 percent
of the amount that bears the same relation to the funds appropriated by
subsection (b) for a fiscal year as the number of individuals who
reside within the State and are members of families with incomes below
the poverty line for the most recent fiscal year for which satisfactory
data are available, bears to the total number of such individuals who
reside in all States for such fiscal year.
(b) Appropriation.--Out of any money in the Treasury of the United
States not otherwise appropriated, there are appropriated for each of
fiscal years 2014 through 2023, $37,642,040,000.
(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--
(1) that the supplemental food and nutrition assistance
that will be provided by the State using such grant will
include 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; and
(2) that the State will use a portion of the grant to
establish a work activation program described in subsection (e)
for able-bodied individuals receiving supplemental food and
nutrition assistance;
(e) Work Activation Program.--
(1) Program requirements.--The work activation program
established by a State under subsection (d)(2) shall met the
following requirements:
(A) The average number of able-bodied individuals
receiving supplemental food and nutrition assistance
that shall participate in the program in the State for
each month of a fiscal year shall be based on the
State's relative proportion of able-bodied individuals
receiving supplemental food and nutrition assistance
for the most recent month of the most recent fiscal
year for which satisfactory data is available, compared
to the total number of such individuals in all States
for such month, except that, each month, not less than
a total of 1,500,000 individuals shall participate in 1
or more such work activation programs.
(B) Each able-bodied individual participating in
the work activation program--
(i) shall at the time of application for
supplemental food and nutrition assistance and
every 12 months thereafter, register for
employment in a manner prescribed by the
Governor of the State;
(ii) shall, each month of participation in
the program, participate in--
(I) 2 days of supervised job search
for 8 hours per day at the program
site; and
(II) 5 days of off-site activity
for 8 hours per day;
(iii) shall not refuse without good cause
to accept an offer of employment, at a site or
plant not subject to a strike or lockout at the
time of the refusal, at a wage not less than
the higher of--
(I) the applicable Federal or State
minimum wage; or
(II) 80 percent of the wage that
would have governed had the minimum
hourly rate under section 6(a)(1) of
the Fair Labor Standards Act of 1938
(29 U.S.C. 206(a)(1)) been applicable
to the offer of employment;
(iv) shall not refuse without good cause to
provide a State agency with sufficient
information to allow the State agency to
determine the employment status or the job
availability of the individual; and
(v) shall not voluntarily--
(I) quit a job; or
(II) reduce work effort and, after
the reduction, the individual is
working less than 30 hours per week,
unless another adult in the same family
unit increases employment at the same
time by an amount equal to the
reduction in work effort by the first
adult.
(C) An able-bodied individual participating in the
work activation program who fails to comply with 1 or
more of the requirements described in subparagraph
(B)--
(i) shall be subject to a sanction period
of not less than a 2-month period beginning the
day of the individual's first failure to comply
with such requirements during which the
individual shall not receive any supplemental
food and nutrition assistance; and
(ii) may receive supplemental food and
nutrition assistance after the individual is in
compliance with such requirements for not less
than a 1-month period beginning after the
completion of such sanction period, except that
such assistance may not be provided
retroactively.
(2) Penalties for states.--A State that does not meet the
participation requirements under paragraph (1)(A) for the
preceding fiscal year, as determined by calculating the average
monthly participation for such year, shall be subject to a
reduction of grant funds for the first full quarter after the
Secretary of the Treasury determines that the State failed to
meet such participation requirements in an amount equal to the
greater of--
(A) 10 percent of the grant funds the State would
have otherwise received for such quarter; or
(B) a percentage of funds that equals the
percentage by which the State failed to meet such
participation requirements.
(f) 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 2023.--If, after
2023, 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 (g), as such
subsection is in effect on September 30, 2023.
(g) 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 (f) 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.
(h) 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.
(i) 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, 2014, 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, 2014,
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, the State shall pay to the
Treasury of the United States any such amount, plus 10 percent of such
amount as a penalty.
(c) Annual Reporting Requirements.--
(1) In general.--Not later than January 31, 2015, 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);
(C) specify the number of participants in the work
activation program described in section 3(e) in the
State;
(D) specify the number of participants in such
program that found work through the program, including
the number of such participants who were hired as part-
time employees and the number of such participants who
were hired as full-time employees; and
(E) 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 (f)
and (g) 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 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); 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) Able-bodied individual.--The term ``able-bodied
individual'' means an individual who--
(A) is more than 18, and less than 63, years of
age;
(B) is not physically or mentally incapable of
work;
(C) is not the full-time caretaker of a disabled
adult dependent; and
(D) does not have a dependent child.
(2) Physically or mentally incapable of work.--The term
``physically or mentally incapable of work'' shall mean an
individual--
(A) who currently receives benefits from the
Supplemental Security Income program or another program
that provides recurring benefits to individuals because
the individual is disabled and unable to work; or
(B) who has been medically certified as physically
or mentally incapable of work and who has a credible
pending application for enrollment in the Supplemental
Security Income program or another program that
provides recurring benefits to individuals because the
individual is disabled and unable to work.
(3) Poverty line.--The term ``poverty line'' means the
poverty line (as defined by the Office of Management and Budget
and revised annually in accordance with section 673(2) of the
Community Services Block Grant Act) applicable to a family of
the size involved.
(4) Supervised job search.--The term ``supervised job
search'' means a job search program which has the following
characteristics:
(A) The job search occurs at an official location
where the recipient's presence and activity can be
directly observed, supervised, and monitored.
(B) The recipient's entry, time on site, and exit
from the official job search location are recorded in a
manner which prevents fraud.
(C) The recipient is expected to remain and
undertake job search activities at the job search
center except for brief, authorized departures for
specified off-site interviews.
(D) The amount of time the recipient is observed
and monitored engaging in job search at the official
location is recorded.
(5) 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.
(6) 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.
(7) Work activation.--The term ``work activation'' means--
(A) supervised job search;
(B) community service activities;
(C) education and job training for individuals who
are family heads or married spouses of family heads; or
(D) drug or alcohol treatment.
SEC. 7. 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. 8. 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. 9. 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, 2013.
<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 Department Operations, Oversight, and Nutrition.
Referred to the Subcommittee on Human Resources.
Referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line