,i #aacth ,,congress #ast ,session ,h4 ,r4 #acee ,,in ,,the ,,house ,,of ,,representatives ,march #ba1 #bjac ,mr4 ,huelskamp 7for himself1 ,mr4 ,gohmert1 ,mr4 ,schweikert1 ,mr4 ,denham1 and ,mrs4 ,blackburn7 introduced the following bill2 which was referred to the ,committee on ,agriculture1 and in addition to the ,committees on ,ways and ,means and ,education and the ,workforce1 for a period to be subsequently determined by the ,speaker1 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 ,states1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,state ,nutrition ,assistance ,flexibility ,act of #bjac4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,purpose4 ,sec4 #c4 ,grants to ,states4 ,sec4 #d4 ,administrative and fiscal accountability4 ,sec4 #e4 ,nondiscrimination provisions4 ,sec4 #f4 ,definitions4 ,sec4 #g4 ,repeals4 ,sec4 #h4 ,severability4 ,sec4 #i4 ,effective date4 #b4 ,purpose ,the purpose of this ,act is to provide ,federal financial assistance to the ,states1 in the form of a single grant1 to allow the ,states maximum flexibility in providing1 and financing the provision of1 supplemental food and nutrition assistance4 #c4 ,grants to ,states 7a7 ,allotments ,subject to the requirements of this ,act1 each ,state that meets the requirements of subsection 7d7 is entitled to receive from the ,secretary of the ,treasury a grant for each quarter of each of fiscal years #bjad through #bjbc in an amount equal to #be percent of the amount that bears the same relation to the funds appropriated by subsection 7b7 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 available1 bears to the total number of such individuals who reside in all ,states for such fiscal year4 7b7 ,appropriation ,out of any money in the ,treasury of the ,united ,states not otherwise appropriated1 there are appropriated for each of fiscal years #bjad through #bjbc1 #cg1fdb1jdj1jjj4 7c7 ,requirements relating to intergovernmental financing ,the ,secretary of the ,treasury shall make the transfer of funds under grants under subsection 7a7 directly to each ,state in accordance with the requirements of section #fejc of title #ca1 ,united ,states ,code4 7d7 ,state requirements ,in order to receive a grant under subsection 7a71 the ,governor of a ,state shall certify to the ,secretary of the ,treasury-- 7#a7 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 #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 as of ,may #ca1 #bjab2 and 7#b7 that the ,state will use a portion of the grant to establish a work activation program described in subsection 7e7 for able-bodied individuals receiving supplemental food and nutrition assistance2 7e7 ,work activation program 7#a7 ,program requirements ,the work activation program established by a ,state under subsection 7d77#b7 shall met the following requirements3 7,a7 ,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 available1 compared to the total number of such individuals in all ,states for such month1 except that1 each month1 not less than a total of #a1ejj1jjj individuals shall participate in #a or more such work activation programs4 7,b7 ,each able-bodied individual participating in the work activation program-- 7i7 shall at the time of application for supplemental food and nutrition assistance and every #ab months thereafter1 register for employment in a manner prescribed by the ,governor of the ,state2 7ii7 shall1 each month of participation in the program1 participate in-- 7,i7 #b days of supervised job search for #h hours per day at the program site2 and 7,,ii7 #e days of off-site activity for #h hours per day2 7iii7 shall not refuse without good cause to accept an offer of employment1 at a site or plant not subject to a strike or lockout at the time of the refusal1 at a wage not less than the higher of-- 7,i7 the applicable ,federal or ,state minimum wage2 or 7,,ii7 #hj percent of the wage that would have governed had the minimum hourly rate under section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a77 been applicable to the offer of employment2 7iv7 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 individual2 and 7v7 shall not voluntarily-- 7,i7 quit a job2 or 7,,ii7 reduce work effort and1 after the reduction1 the individual is working less than #cj hours per week1 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 adult4 7,c7 ,an able-bodied individual participating in the work activation program who fails to comply with #a or more of the requirements described in subparagraph 7,b7-- 7i7 shall be subject to a sanction period of not less than a #b-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 assistance2 and 7ii7 may receive supplemental food and nutrition assistance after the individual is in compliance with such requirements for not less than a #a-month period beginning after the completion of such sanction period1 except that such assistance may not be provided retroactively4 7#b7 ,penalties for ,states ,a ,state that does not meet the participation requirements under paragraph 7#a77;,a7 for the preceding fiscal year1 as determined by calculating the average monthly participation for such year1 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-- 7,a7 #aj percent of the grant funds the ,state would have otherwise received for such quarter2 or 7,b7 a percentage of funds that equals the percentage by which the ,state failed to meet such participation requirements4 7f7 ,expenditure of funds 7#a7 ,in general ,except as provided in paragraph 7#b71 amounts received by a ,state under subsection 7a7 for any fiscal year shall be expended by the ,state in such fiscal year or in the succeeding fiscal year4 7#b7 ,use of rainy day fund permitted ,of the amounts received by a ,state under subsection 7a71 the ,state may set aside1 in a separate account1 such amounts as the ,state deems necessary to provide1 without fiscal limitation1 supplemental food and nutrition assistance and services for indigent individuals during-- 7,a7 periods of unexpectedly high rates of unemployment2 or 7,b7 periods related to circumstances that are not described in subparagraph 7,a7 and that cause unexpected increases in the need for such assistance and services for such individuals4 7#c7 ,funds remaining after fiscal year #bjbc ,if1 after #bjbc1 a ,state has funds in the account under paragraph 7#b71 the ,state may only expend such funds if such funds are used in a manner that is permitted under subsection 7g71 as such subsection is in effect on ,september #cj1 #bjbc4 7g7 ,use of funds ,a ,state may only use the amounts received under subsection 7a7 as follows3 7#a7 ,general purpose ,for the purpose under section #b1 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 7a74 7#b7 ,authority to use portion of federal assistance for other welfare-related programs 7,a7 ,in general ,subject to the limit under subparagraph 7,b71 to carry out a ,state program pursuant to any or all of the following provisions of law3 7i7 ,part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq474 7ii7 ,section #afaf of such ,act 7#db ,u4,s4,c4 #achb;e74 7,b7 ,limitation ,a ,state may not use more than #cj percent of the amount received under subsection 7a7 for a fiscal year to carry out a ,state program1 or programs1 under subparagraph 7,a74 7,c7 ,requirements on funds ,any amounts that are used under subparagraph 7,a7-- 7i7 shall not be subject to any of the requirements of subsection 7f7 or section #e2 and 7ii7 shall be subject to-- 7,i7 the audit requirements under section #d2 and 7,,ii7 any requirements that apply to ,federal funds provided directly for such ,state program4 7h7 ,no funding for illegal aliens ,except as provided under this ,act1 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 law4 7i7 ,nonentitlement ,nothing in this ,act shall be construed as providing an individual with an entitlement to supplemental food and nutrition assistance under this ,act4 #d4 ,administrative and fiscal accountability 7a7 ,audits 7#a7 ,contract with approved auditing entity ,not later than ,october #a1 #bjad1 and annually thereafter1 a ,state shall contract with an approved auditing entity 7as defined under paragraph 7#c77;,b77 for purposes of conducting an audit under paragraph 7#b7 7with respect to the fiscal year ending ,september #cj of such year74 7#b7 ,audit requirement ,under a contract under paragraph 7#a71 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 #c7;a7 with respect to the fiscal year which such audit covers1 to determine the extent to which such expenditures and transfers were expended in accordance with this ,act4 7#c7 ,entity conducting audit 7,a7 ,in general ,with respect to a ,state1 the audit under paragraph 7#b7 shall be conducted by an approved auditing entity in accordance with generally accepted auditing principles4 7,b7 ,approved auditing entity ,for purposes of this section1 the term approved auditing entity means1 with respect to a ,state1 an entity that is-- 7i7 approved by the ,secretary of the ,treasury2 7ii7 approved by the chief executive officer of the ,state2 and 7iii7 independent of any ,federal1 ,state1 or local agency4 7#d7 ,submission of audit ,not later than ,december #ca1 #bjad1 and annually thereafter1 a ,state shall submit the results of the audit under paragraph 7#b7 7with respect to the fiscal year ending on ,september #cj of such year7 to the ,state legislature and to the ,secretary of the ,treasury4 7#e7 ,additional accounting requirements ,the provisions of chapter #ge of title #ca1 ,united ,states ,code1 shall apply to the audit requirements of this section4 7b7 ,reimbursement and penalty ,if1 through an audit conducted under subsection 7a71 an approved auditing entity finds that any amounts paid to a ,state under a grant under section #c7;a7 were not expended in accordance with this ,act1 the ,state shall pay to the ,treasury of the ,united ,states any such amount1 plus #aj percent of such amount as a penalty4 7c7 ,annual reporting requirements 7#a7 ,in general ,not later than ,january #ca1 #bjae1 and annually thereafter1 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 #c7;a7 for such fiscal year4 7#b7 ,content ,a report under paragraph 7#a7 shall1 with respect to a fiscal year-- 7,a7 contain the results of the audit conducted by an approved auditing entity for a ,state for such fiscal year1 in accordance with the requirements of subsection 7a7 of this section2 7,b7 specify the amount of the grant made to the ,state under section #c7;a7 that is used to carry out a program under section #c7;f77#b72 7,c7 specify the number of participants in the work activation program described in section #c7;e7 in the ,state2 7,d7 specify the number of participants in such program that found work through the program1 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 employees2 and 7,e7 be in such form and contain such other information as the ,state determines is necessary to provide-- 7i7 an accurate description of the activities conducted by the ,state for the purpose described under section #b and any other use of funds permitted under subsections 7f7 and 7g7 of section #c2 and 7ii7 a complete record of the purposes for which amounts were expended in accordance with this ,act4 7#c7 ,conformity with accounting principles ,any financial information in the report under paragraph 7#a7 shall be prepared and reported in accordance with generally accepted accounting principles1 including the provisions of chapter #ge of title #ca1 ,united ,states ,code4 7#d7 ,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 request4 7d7 ,failure ,to comply with requirements ,the ,secretary of the ,treasury shall not make any payment to a ,state under a grant authorized by section #c7;a7-- 7#a7 if an audit for a ,state is not submitted as required under subsection 7a71 during the period between the date such audit is due and the date on which such audit is submitted2 or 7#b7 if a ,state fails to submit a report as required under subsection 7c71 during the period between the date such report is due and the date on which such report is submitted4 7e7 ,administrative supervision and oversight 7#a7 ,limited role for secretary of treasury and the attorney general 7,a7 ,treasury ,the authority of the ,secretary of the ,treasury under this ,act is limited to-- 7i7 promulgating regulations1 issuing rules1 or publishing guidance documents to the extent necessary for purposes of implementing subsections 7a77#c77;,b71 7b71 and 7d72 7ii7 making quarterly payments to the ,states under grants under this ,act in accordance with section #c7;a72 7iii7 approving entities under subsection 7a77#c77;,b7 for purposes of the audits required under subsection 7a72 7iv7 withholding payment to a ,state of a grant under subsection 7d72 and 7v7 exercising the authority relating to nondiscrimination that is specified in section #e7;b74 7,b7 ,attorney general ,the authority of the ,attorney ,general to supervise the amounts received by a ,state under section #c7;a7 is limited to the authority under section #e7;c74 7#b7 ,federal supervision 7,a7 ,in general ,except as provided under paragraph 7#a71 an administrative officer1 employee1 department1 or agency of the ,united ,states 7including the ,secretaries of ,agriculture and ,health and ,human ,services7 may not-- 7i7 supervise-- 7,i7 the amounts received by the ,states under section #c7;a72 or 7,,ii7 the use of such amounts by the ,states2 or 7ii7 promulgate regulations or issue rules in accordance with this ,act4 7,b7 ,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 ,act4 7f7 ,reservation of state powers ,nothing in this section shall be construed to limit the power of a ,state1 including the power of a ,state to pursue civil and criminal penalties under ,state law against any individual or entity that misuses1 or engages in fraud or abuse related to the funds provided to a ,state under this ,act4 #e4 ,nondiscrimination provisions 7a7 ,nondiscrimination against individuals ,no individual shall be excluded from participation in1 denied the benefits of1 or subjected to discrimination under1 any program or activity funded in whole or in part with amounts paid to a ,state under this section #c7;a7 on the basis of such individual's-- 7#a7 disability under section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid72 7#b7 sex under title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq472 or 7#c7 race1 color1 or national origin under title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq474 7b7 ,compliance 7#a7 ,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 #c7;a7 has failed to comply with a provision of law referred to in subsection 7a71 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 compliance4 7#b7 ,refusal to secure compliance ,if1 not later than #fj days after receiving notification under paragraph 7#a71 the chief executive officer of a ,state fails or refuses to secure compliance with the provision of law referred to in such notification1 the ,secretary of the ,treasury may-- 7,a7 refer the matter to the ,attorney ,general with a recommendation that an appropriate civil action be instituted2 or 7,b7 exercise the powers and functions provided under section #eje of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid;a71 title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 or title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 7as applicable74 7c7 ,civil actions ,if a matter is referred to the ,attorney ,general under subsection 7b77#b77;,a71 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 7a71 the ,attorney ,general may bring a civil action in an appropriate district court of the ,united ,states for such relief as may be appropriate1 including injunctive relief4 #f4 ,definitions ,for purposes of this ,act3 7#a7 ,able-bodied individual ,the term able-bodied individual means an individual who-- 7,a7 is more than #ah1 and less than #fc1 years of age2 7,b7 is not physically or mentally incapable of work2 7,c7 is not the full-time caretaker of a disabled adult dependent2 and 7,d7 does not have a dependent child4 7#b7 ,physically or ,mentally ,incapable of ,work ,the term physically or mentally incapable of work shall mean an individual-- 7,a7 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 work2 or 7,b7 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 work4 7#c7 ,poverty line ,the term poverty line means the poverty line 7as defined by the ,office of ,management and ,budget and revised annually in accordance with section #fgc7b7 of the ,community ,services ,block ,grant ,act7 applicable to a family of the size involved4 7#d7 ,supervised ,job ,search ,the term supervised job search means a job search program which has the following characteristics3 7,a7 ,the job search occurs at an official location where the recipient's presence and activity can be directly observed1 supervised1 and monitored4 7,b7 ,the recipient's entry1 time on site1 and exit from the official job search location are recorded in a manner which prevents fraud4 7,c7 ,the recipient is expected to remain and undertake job search activities at the job search center except for brief1 authorized departures for specified off-site interviews4 7,d7 ,the amount of time the recipient is observed and monitored engaging in job search at the official location is recorded4 7#e7 ,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 ,state4 7#f7 ,state ,the term ,state has the meaning given the term in section #c of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjab7 as of ,may #ca1 #bjab4 7#g7 ,work activation ,the term work activation means-- 7,a7 supervised job search2 7,b7 community service activities2 7,c7 education and job training for individuals who are family heads or married spouses of family heads2 or 7,d7 drug or alcohol treatment4 #g4 ,repeals ,the following provisions are repealed3 7#a7 ,the ,emergency ,food ,assistance ,act of #aihc 7#g ,u4,s4,c4 #geja et seq474 7#b7 ,section #e of the ,agriculture and ,consumer ,protection ,act of #aigc1 7commonly known as the commodity supplemental food program7 7#g ,u4,s4,c4 #fab;c note74 7#c7 ,section #ddjb of ,public ,law #ajg-aga 7relating to the seniors farmers' market nutrition program7 7#g ,u4,s4,c4 #cjjg74 7#d7 ,the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq474 7#e7 ,section #ai of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfi;a74 #h4 ,severability ,if any provision of this ,act1 or the application of such provision to any person or circumstance1 is found to be unconstitutional1 the remainder of this ,act1 or the application of that provision to other persons or circumstances1 shall not be affected4 #i4 ,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 #a1 #bjac4