HR 6518 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 6518CommentsClose CommentsPermalink

To replace certain Federal nutrition programs with a block grant to the States, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

September 21, 2012CommentsClose CommentsPermalink

Mr. HUELSKAMP (for himself, Mr. BROUN of Georgia, Mr. CHABOT, Mr. JORDAN, and Mr. KING of Iowa) 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 concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To replace certain Federal nutrition programs with a block grant to the States, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘State Nutrition Assistance Flexibility Act of 2012’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Purpose.CommentsClose CommentsPermalink





Sec. 3. Grants to States.CommentsClose CommentsPermalink





Sec. 4. Administrative and fiscal accountability.CommentsClose CommentsPermalink





Sec. 5. Nondiscrimination provisions.CommentsClose CommentsPermalink





Sec. 6. Definitions.CommentsClose CommentsPermalink





Sec. 7. Report on reduction of federal administrative expenditures.CommentsClose CommentsPermalink





Sec. 8. Repeals.CommentsClose CommentsPermalink





Sec. 9. Severability.CommentsClose CommentsPermalink





Sec. 10. Effective date.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) the total amount of funds received by a State; andCommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





under the provisions listed in section 8 for fiscal year 2008.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(e) Expenditure of Funds-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) periods of unexpectedly high rates of unemployment; orCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(f) Use of Funds- A State may only use the amounts received under subsection (a) as follows:CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(2) AUTHORITY TO USE PORTION OF FEDERAL ASSISTANCE FOR OTHER WELFARE-RELATED PROGRAMS-CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(i) Part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.).CommentsClose CommentsPermalink





(ii) Section 1616 of such Act (42 U.S.C. 1382e).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(C) REQUIREMENTS ON FUNDS- Any amounts that are used under subparagraph (A)--CommentsClose CommentsPermalink





(i) shall not be subject to any of the requirements of subsection (e) or section 5; andCommentsClose CommentsPermalink





(ii) shall be subject to--CommentsClose CommentsPermalink





(I) the audit requirements under section 4; andCommentsClose CommentsPermalink





(II) any requirements that apply to Federal funds provided directly for such State program.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 4. ADMINISTRATIVE AND FISCAL ACCOUNTABILITY.

(a) Audits-CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) ENTITY CONDUCTING AUDIT-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) APPROVED AUDITING ENTITY- For purposes of this section, the term ‘approved auditing entity’ means, with respect to a State, an entity that is--CommentsClose CommentsPermalink





(i) approved by the Secretary of the Treasury;CommentsClose CommentsPermalink





(ii) approved by the chief executive officer of the State; andCommentsClose CommentsPermalink





(iii) independent of any Federal, State, or local agency.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(5) ADDITIONAL ACCOUNTING REQUIREMENTS- The provisions of chapter 75 of title 31, United States Code, shall apply to the audit requirements of this section.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) the State shall pay to the Treasury of the United States any such amount, plus 10 percent of such amount as a penalty; orCommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(c) Annual Reporting Requirements-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) CONTENT- A report under paragraph (1) shall, with respect to a fiscal year--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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); andCommentsClose CommentsPermalink





(C) be in such form and contain such other information as the State determines is necessary to provide--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(ii) a complete record of the purposes for which amounts were expended in accordance with this Act.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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)--CommentsClose CommentsPermalink





(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; orCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(e) Administrative Supervision and Oversight-CommentsClose CommentsPermalink





(1) LIMITED ROLE FOR SECRETARY OF THE TREASURY AND THE ATTORNEY GENERAL-CommentsClose CommentsPermalink





(A) TREASURY- The authority of the Secretary of the Treasury under this Act is limited to--CommentsClose CommentsPermalink





(i) promulgating regulations, issuing rules, or publishing guidance documents to the extent necessary for purposes of implementing subsections (a)(3)(B), (b), and (d);CommentsClose CommentsPermalink





(ii) making quarterly payments to the States under grants under this Act in accordance with section 3(a);CommentsClose CommentsPermalink





(iii) approving entities under subsection (a)(3)(B) for purposes of the audits required under subsection (a);CommentsClose CommentsPermalink





(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); andCommentsClose CommentsPermalink





(v) exercising the authority relating to nondiscrimination that is specified in section 5(b).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(2) FEDERAL SUPERVISION-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) supervise--CommentsClose CommentsPermalink





(I) the amounts received by the States under section 3(a); orCommentsClose CommentsPermalink





(II) the use of such amounts by the States; orCommentsClose CommentsPermalink





(ii) promulgate regulations or issue rules in accordance with this Act.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);CommentsClose CommentsPermalink





(2) sex under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); orCommentsClose CommentsPermalink





(3) race, color, or national origin under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).CommentsClose CommentsPermalink





(b) Compliance-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; orCommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 6. DEFINITIONS.

For purposes of this Act:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

SEC. 8. REPEALS.

The following provisions are repealed:CommentsClose CommentsPermalink





(1) The Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et seq.).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(3) Section 4402 of Public Law 107-171 (relating to the seniors farmers’ market nutrition program) (7 U.S.C. 3007).CommentsClose CommentsPermalink





(4) Section 25 of the Food and Nutrition Act of 2008 (7 U.S.C. 2034).CommentsClose CommentsPermalink





(5) Section 19 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a).CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink