I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘State Nutrition Assistance Flexibility Act of 2013’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purpose. 


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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. 

1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to provide Federal finan3 cial assistance to the States, in the form of a single grant, 

4 to allow the States maximum flexibility in providing, and 

5 financing the provision of, supplemental food and nutri6 tion assistance. 

7 SEC. 3. GRANTS TO STATES. 

8 (a) ALLOTMENTS.—Subject to the requirements of 

9 this Act, each State that meets the requirements of sub10 section (d) is entitled to receive from the Secretary of the 

11 Treasury a grant for each quarter of each of fiscal years 

12 2014 through 2023 in an amount equal to 25 percent of 

13 the amount that bears the same relation to the funds ap14 propriated by subsection (b) for a fiscal year as the num15 ber of individuals who reside within the State and are 

16 members of families with incomes below the poverty line 

17 for the most recent fiscal year for which satisfactory data 

18 are available, bears to the total number of such individuals 

19 who reside in all States for such fiscal year. 

20 (b) APPROPRIATION.—Out of any money in the 

21 Treasury of the United States not otherwise appropriated, 


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1 there are appropriated for each of fiscal years 2014 

2 through 2023, $37,642,040,000. 

3 (c) REQUIREMENTS RELATING TO INTERGOVERN4 MENTAL FINANCING.—The Secretary of the Treasury 

5 shall make the transfer of funds under grants under sub6 section (a) directly to each State in accordance with the 

7 requirements of section 6503 of title 31, United States 

8 Code. 

9 (d) STATE REQUIREMENTS.—In order to receive a 

10 grant under subsection (a), the Governor of a State shall 

11 certify to the Secretary of the Treasury— 

12 (1) that the supplemental food and nutrition as13 sistance that will be provided by the State using 

14 such grant will include limitations on the eligible 

15 uses of benefits that are at least as restrictive as the 

16 limitations in place for the supplemental nutrition 

17 assistance program established under the Food and 

18 Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) as of 

19 May 31, 2012; and 

20 (2) that the State will use a portion of the 

21 grant to establish a work activation program de22 scribed in subsection (e) for able-bodied individuals 

23 receiving supplemental food and nutrition assistance; 

24 (e) WORK ACTIVATION PROGRAM.— 


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1 (1) PROGRAM REQUIREMENTS.—The work acti2 vation program established by a State under sub3 section (d)(2) shall met the following requirements: 

4 (A) The average number of able-bodied in5 dividuals receiving supplemental food and nutri6 tion assistance that shall participate in the pro7 gram in the State for each month of a fiscal 

8 year shall be based on the State’s relative pro9 portion of able-bodied individuals receiving sup10 plemental food and nutrition assistance for the 

11 most recent month of the most recent fiscal 

12 year for which satisfactory data is available, 

13 compared to the total number of such individ14 uals in all States for such month, except that, 

15 each month, not less than a total of 1,500,000 

16 individuals shall participate in 1 or more such 

17 work activation programs. 

18 (B) Each able-bodied individual partici19 pating in the work activation program— 

20 (i) shall at the time of application for 

21 supplemental food and nutrition assistance 

22 and every 12 months thereafter, register 

23 for employment in a manner prescribed by 

24 the Governor of the State; 


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1 (ii) shall, each month of participation 

2 in the program, participate in— 

3 (I) 2 days of supervised job 

4 search for 8 hours per day at the pro5 gram site; and 

6 (II) 5 days of off-site activity for 

7 8 hours per day; 

8 (iii) shall not refuse without good 

9 cause to accept an offer of employment, at 

10 a site or plant not subject to a strike or 

11 lockout at the time of the refusal, at a 

12 wage not less than the higher of— 

13 (I) the applicable Federal or 

14 State minimum wage; or 

15 (II) 80 percent of the wage that 

16 would have governed had the min17 imum hourly rate under section 

18 6(a)(1) of the Fair Labor Standards 

19 Act of 1938 (29 U.S.C. 206(a)(1)) 

20 been applicable to the offer of employ21 ment; 

22 (iv) shall not refuse without good 

23 cause to provide a State agency with suffi24 cient information to allow the State agency 


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1 to determine the employment status or the 

2 job availability of the individual; and 

3 (v) shall not voluntarily— 

4 (I) quit a job; or 

5 (II) reduce work effort and, after 

6 the reduction, the individual is work7 ing less than 30 hours per week, un8 less another adult in the same family 

9 unit increases employment at the 

10 same time by an amount equal to the 

11 reduction in work effort by the first 

12 adult. 

13 (C) An able-bodied individual participating 

14 in the work activation program who fails to 

15 comply with 1 or more of the requirements de16 scribed in subparagraph (B)— 

17 (i) shall be subject to a sanction pe18 riod of not less than a 2-month period be19 ginning the day of the individual’s first 

20 failure to comply with such requirements 

21 during which the individual shall not re22 ceive any supplemental food and nutrition 

23 assistance; and 

24 (ii) may receive supplemental food 

25 and nutrition assistance after the indiVerDate Mar 15 2010 06:28 Mar 26, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1355.IH H1355

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1 vidual is in compliance with such require2 ments for not less than a 1-month period 

3 beginning after the completion of such 

4 sanction period, except that such assist5 ance may not be provided retroactively. 

6 (2) PENALTIES FOR STATES.—A State that 

7 does not meet the participation requirements under 

8 paragraph (1)(A) for the preceding fiscal year, as 

9 determined by calculating the average monthly par10 ticipation for such year, shall be subject to a reduc11 tion of grant funds for the first full quarter after the 

12 Secretary of the Treasury determines that the State 

13 failed to meet such participation requirements in an 

14 amount equal to the greater of— 

15 (A) 10 percent of the grant funds the 

16 State would have otherwise received for such 

17 quarter; or 

18 (B) a percentage of funds that equals the 

19 percentage by which the State failed to meet 

20 such participation requirements. 

21 (f) EXPENDITURE OF FUNDS.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), amounts received by a State under sub24 section (a) for any fiscal year shall be expended by 


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1 the State in such fiscal year or in the succeeding fis2 cal year. 

3 (2) USE OF RAINY DAY FUND PERMITTED.—Of 

4 the amounts received by a State under subsection 

5 (a), the State may set aside, in a separate account, 

6 such amounts as the State deems necessary to pro7 vide, without fiscal limitation, supplemental food and 

8 nutrition assistance and services for indigent individ9 uals during— 

10 (A) periods of unexpectedly high rates of 

11 unemployment; or 

12 (B) periods related to circumstances that 

13 are not described in subparagraph (A) and that 

14 cause unexpected increases in the need for such 

15 assistance and services for such individuals. 

16 (3) FUNDS REMAINING AFTER FISCAL YEAR

17 2023.—If, after 2023, a State has funds in the ac18 count under paragraph (2), the State may only ex19 pend such funds if such funds are used in a manner 

20 that is permitted under subsection (g), as such sub21 section is in effect on September 30, 2023. 

22 (g) USE OF FUNDS.—A State may only use the 

23 amounts received under subsection (a) as follows: 

24 (1) GENERAL PURPOSE.—For the purpose 

25 under section 2, except that nothing in this Act shall 


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1 be construed as limiting the flexibility of a State to 

2 determine which providers of such assistance and 

3 services qualify to receive payment from a grant 

4 made to the State under subsection (a). 

5 (2) AUTHORITY TO USE PORTION OF FEDERAL

6 ASSISTANCE FOR OTHER WELFARE-RELATED PRO7 GRAMS.— 

8 (A) IN GENERAL.—Subject to the limit 

9 under subparagraph (B), to carry out a State 

10 program pursuant to any or all of the following 

11 provisions of law: 

12 (i) Part A of title IV of the Social Se13 curity Act (42 U.S.C. 601 et seq.). 

14 (ii) Section 1616 of such Act (42 

15 U.S.C. 1382e). 

16 (B) LIMITATION.—A State may not use 

17 more than 30 percent of the amount received 

18 under subsection (a) for a fiscal year to carry 

19 out a State program, or programs, under sub20 paragraph (A). 

21 (C) REQUIREMENTS ON FUNDS.—Any 

22 amounts that are used under subparagraph 

23 (A)— 


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1 (i) shall not be subject to any of the 

2 requirements of subsection (f) or section 5; 

3 and 

4 (ii) shall be subject to— 

5 (I) the audit requirements under 

6 section 4; and 

7 (II) any requirements that apply 

8 to Federal funds provided directly for 

9 such State program. 

10 (h) NO FUNDING FOR ILLEGAL ALIENS.—Except as 

11 provided under this Act, no funds appropriated in this Act 

12 may be used to provide supplemental food and nutrition 

13 assistance to an alien who is not lawfully admitted for per14 manent residence or otherwise permanently residing in the 

15 United States under color of law. 

16 (i) NONENTITLEMENT.—Nothing in this Act shall be 

17 construed as providing an individual with an entitlement 

18 to supplemental food and nutrition assistance under this 

19 Act. 

20 SEC. 4. ADMINISTRATIVE AND FISCAL ACCOUNTABILITY. 

21 (a) AUDITS.— 

22 (1) CONTRACT WITH APPROVED AUDITING EN23 TITY.—Not later than October 1, 2014, and annu24 ally thereafter, a State shall contract with an ap25 proved auditing entity (as defined under paragraph 


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1 (3)(B)) for purposes of conducting an audit under 

2 paragraph (2) (with respect to the fiscal year ending 

3 September 30 of such year). 

4 (2) AUDIT REQUIREMENT.—Under a contract 

5 under paragraph (1), an approved auditing entity 

6 shall conduct an audit of the expenditures or trans7 fers made by a State from amounts received under 

8 a grant under this section 3(a) with respect to the 

9 fiscal year which such audit covers, to determine the 

10 extent to which such expenditures and transfers 

11 were expended in accordance with this Act. 

12 (3) ENTITY CONDUCTING AUDIT.— 

13 (A) IN GENERAL.—With respect to a 

14 State, the audit under paragraph (2) shall be 

15 conducted by an approved auditing entity in ac16 cordance with generally accepted auditing prin17 ciples. 

18 (B) APPROVED AUDITING ENTITY.—For 

19 purposes of this section, the term ‘‘approved 

20 auditing entity’’ means, with respect to a State, 

21 an entity that is— 

22 (i) approved by the Secretary of the 

23 Treasury; 

24 (ii) approved by the chief executive of25 ficer of the State; and 


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1 (iii) independent of any Federal, 

2 State, or local agency. 

3 (4) SUBMISSION OF AUDIT.—Not later than 

4 December 31, 2014, and annually thereafter, a State 

5 shall submit the results of the audit under para6 graph (2) (with respect to the fiscal year ending on 

7 September 30 of such year) to the State legislature 

8 and to the Secretary of the Treasury. 

9 (5) ADDITIONAL ACCOUNTING REQUIRE10 MENTS.—The provisions of chapter 75 of title 31, 

11 United States Code, shall apply to the audit require12 ments of this section. 

13 (b) REIMBURSEMENT AND PENALTY.—If, through an 

14 audit conducted under subsection (a), an approved audit15 ing entity finds that any amounts paid to a State under 

16 a grant under section 3(a) were not expended in accord17 ance with this Act, the State shall pay to the Treasury 

18 of the United States any such amount, plus 10 percent 

19 of such amount as a penalty. 

20 (c) ANNUAL REPORTING REQUIREMENTS.— 

21 (1) IN GENERAL.—Not later than January 31, 

22 2015, and annually thereafter, each State shall sub23 mit to the Secretary of the Treasury and the State 

24 legislature a report on the activities carried out by 

25 the State during the most recently completed fiscal 


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1 year with funds received by the State under a grant 

2 under section 3(a) for such fiscal year. 

3 (2) CONTENT.—A report under paragraph (1) 

4 shall, with respect to a fiscal year— 

5 (A) contain the results of the audit con6 ducted by an approved auditing entity for a 

7 State for such fiscal year, in accordance with 

8 the requirements of subsection (a) of this sec9 tion; 

10 (B) specify the amount of the grant made 

11 to the State under section 3(a) that is used to 

12 carry out a program under section 3(f)(2); 

13 (C) specify the number of participants in 

14 the work activation program described in sec15 tion 3(e) in the State; 

16 (D) specify the number of participants in 

17 such program that found work through the pro18 gram, including the number of such partici19 pants who were hired as part-time employees 

20 and the number of such participants who were 

21 hired as full-time employees; and 

22 (E) be in such form and contain such 

23 other information as the State determines is 

24 necessary to provide— 


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1 (i) an accurate description of the ac2 tivities conducted by the State for the pur3 pose described under section 2 and any 

4 other use of funds permitted under sub5 sections (f) and (g) of section 3; and 

6 (ii) a complete record of the purposes 

7 for which amounts were expended in ac8 cordance with this Act. 

9 (3) CONFORMITY WITH ACCOUNTING PRIN10 CIPLES.—Any financial information in the report 

11 under paragraph (1) shall be prepared and reported 

12 in accordance with generally accepted accounting 

13 principles, including the provisions of chapter 75 of 

14 title 31, United States Code. 

15 (4) PUBLIC AVAILABILITY.—A State shall make 

16 copies of the reports required under this section 

17 available on a public Web site and shall make copies 

18 available in other formats upon request. 

19 (d) FAILURE TO COMPLY WITH REQUIREMENTS.— 

20 The Secretary of the Treasury shall not make any pay21 ment to a State under a grant authorized by section 

22 3(a)— 

23 (1) if an audit for a State is not submitted as 

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1 tween the date such audit is due and the date on 

2 which such audit is submitted; or 

3 (2) if a State fails to submit a report as re4 quired under subsection (c), during the period be5 tween the date such report is due and the date on 

6 which such report is submitted. 

7 (e) ADMINISTRATIVE SUPERVISION AND OVER8 SIGHT.— 

9 (1) LIMITED ROLE FOR SECRETARY OF TREAS10 URY AND THE ATTORNEY GENERAL.— 

11 (A) TREASURY.—The authority of the Sec12 retary of the Treasury under this Act is limited 

13 to— 

14 (i) promulgating regulations, issuing 

15 rules, or publishing guidance documents to 

16 the extent necessary for purposes of imple17 menting subsections (a)(3)(B), (b), and 

18 (d); 

19 (ii) making quarterly payments to the 

20 States under grants under this Act in ac21 cordance with section 3(a); 

22 (iii) approving entities under sub23 section (a)(3)(B) for purposes of the audits 

24 required under subsection (a); 


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1 (iv) withholding payment to a State of 

2 a grant under subsection (d); and 

3 (v) exercising the authority relating to 

4 nondiscrimination that is specified in sec5 tion 5(b). 

6 (B) ATTORNEY GENERAL.—The authority 

7 of the Attorney General to supervise the 

8 amounts received by a State under section 3(a) 

9 is limited to the authority under section 5(c). 

10 (2) FEDERAL SUPERVISION.— 

11 (A) IN GENERAL.—Except as provided 

12 under paragraph (1), an administrative officer, 

13 employee, department, or agency of the United 

14 States (including the Secretaries of Agriculture 

15 and Health and Human Services) may not— 

16 (i) supervise— 

17 (I) the amounts received by the 

18 States under section 3(a); or 

19 (II) the use of such amounts by 

20 the States; or 

21 (ii) promulgate regulations or issue 

22 rules in accordance with this Act. 

23 (B) LIMITATION ON SECRETARIES OF AG24 RICULTURE AND HEALTH AND HUMAN SERV25 ICES.—The Secretaries of Agriculture and 


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1 Health and Human Services shall have no au2 thority over any provision of this Act. 

3 (f) RESERVATION OF STATE POWERS.—Nothing in 

4 this section shall be construed to limit the power of a 

5 State, including the power of a State to pursue civil and 

6 criminal penalties under State law against any individual 

7 or entity that misuses, or engages in fraud or abuse re8 lated to the funds provided to a State under this Act. 

9 SEC. 5. NONDISCRIMINATION PROVISIONS. 

10 (a) NONDISCRIMINATION AGAINST INDIVIDUALS.— 

11 No individual shall be excluded from participation in, de12 nied the benefits of, or subjected to discrimination under, 

13 any program or activity funded in whole or in part with 

14 amounts paid to a State under this section 3(a) on the 

15 basis of such individual’s— 

16 (1) disability under section 504 of the Rehabili17 tation Act of 1973 (29 U.S.C. 794); 

18 (2) sex under title IX of the Education Amend19 ments of 1972 (20 U.S.C. 1681 et seq.); or 

20 (3) race, color, or national origin under title VI 

21 of the Civil Rights Act of 1964 (42 U.S.C. 2000d 

22 et seq.). 

23 (b) COMPLIANCE.— 

24 (1) IN GENERAL.—If the Secretary of the 

25 Treasury determines that a State or an entity that 


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1 has received funds from amounts paid to a State 

2 under a grant under section 3(a) has failed to com3 ply with a provision of law referred to in subsection 

4 (a), the Secretary of the Treasury shall notify the 

5 chief executive officer of the State of such failure to 

6 comply and shall request that such chief executive 

7 officer secure such compliance. 

8 (2) REFUSAL TO SECURE COMPLIANCE.—If, not 

9 later than 60 days after receiving notification under 

10 paragraph (1), the chief executive officer of a State 

11 fails or refuses to secure compliance with the provi12 sion of law referred to in such notification, the Sec13 retary of the Treasury may— 

14 (A) refer the matter to the Attorney Gen15 eral with a recommendation that an appropriate 

16 civil action be instituted; or 

17 (B) exercise the powers and functions pro18 vided under section 505 of the Rehabilitation 

19 Act of 1973 (29 U.S.C. 794a), title IX of the 

20 Education Amendments of 1972 (20 U.S.C. 

21 1681 et seq.), or title VI of the Civil Rights Act 

22 of 1964 (42 U.S.C. 2000d et seq.) (as applica23 ble). 

24 (c) CIVIL ACTIONS.—If a matter is referred to the 

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1 torney General has reason to believe that a State or entity 

2 has failed to comply with a provision of law referred to 

3 in subsection (a), the Attorney General may bring a civil 

4 action in an appropriate district court of the United States 

5 for such relief as may be appropriate, including injunctive 

6 relief. 

7 SEC. 6. DEFINITIONS. 

8 For purposes of this Act: 

9 (1) ABLE-BODIED INDIVIDUAL.—The term 

10 ‘‘able-bodied individual’’ means an individual who— 

11 (A) is more than 18, and less than 63, 

12 years of age; 

13 (B) is not physically or mentally incapable 

14 of work; 

15 (C) is not the full-time caretaker of a dis16 abled adult dependent; and 

17 (D) does not have a dependent child. 

18 (2) PHYSICALLY OR MENTALLY INCAPABLE OF

19 WORK.—The term ‘‘physically or mentally incapable 

20 of work’’ shall mean an individual— 

21 (A) who currently receives benefits from 

22 the Supplemental Security Income program or 

23 another program that provides recurring bene24 fits to individuals because the individual is dis25 abled and unable to work; or 


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1 (B) who has been medically certified as 

2 physically or mentally incapable of work and 

3 who has a credible pending application for en4 rollment in the Supplemental Security Income 

5 program or another program that provides re6 curring benefits to individuals because the indi7 vidual is disabled and unable to work. 

8 (3) POVERTY LINE.—The term ‘‘poverty line’’ 

9 means the poverty line (as defined by the Office of 

10 Management and Budget and revised annually in ac11 cordance with section 673(2) of the Community 

12 Services Block Grant Act) applicable to a family of 

13 the size involved. 

14 (4) SUPERVISED JOB SEARCH.—The term ‘‘su15 pervised job search’’ means a job search program 

16 which has the following characteristics: 

17 (A) The job search occurs at an official lo18 cation where the recipient’s presence and activ19 ity can be directly observed, supervised, and 

20 monitored. 

21 (B) The recipient’s entry, time on site, and 

22 exit from the official job search location are re23 corded in a manner which prevents fraud. 

24 (C) The recipient is expected to remain 

25 and undertake job search activities at the job 


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1 search center except for brief, authorized depar2 tures for specified off-site interviews. 

3 (D) The amount of time the recipient is 

4 observed and monitored engaging in job search 

5 at the official location is recorded. 

6 (5) SUPPLEMENTAL FOOD AND NUTRITION AS7 SISTANCE.—The term ‘‘supplemental food and nutri8 tion assistance’’ shall be defined by a State with re9 spect to use of such term for purposes of the appli10 cation of this Act to the State. 

11 (6) STATE.—The term ‘‘State’’ has the mean12 ing given the term in section 3 of the Food and Nu13 trition Act of 2008 (7 U.S.C. 2012) as of May 31, 

14 2012. 

15 (7) WORK ACTIVATION.—The term ‘‘work acti16 vation’’ means— 

17 (A) supervised job search; 

18 (B) community service activities; 

19 (C) education and job training for individ20 uals who are family heads or married spouses 

21 of family heads; or 

22 (D) drug or alcohol treatment. 

23 SEC. 7. REPEALS. 

24 The following provisions are repealed: 


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1 (1) The Emergency Food Assistance Act of 

2 1983 (7 U.S.C. 7501 et seq.). 

3 (2) Section 5 of the Agriculture and Consumer 

4 Protection Act of 1973, (commonly known as the 

5 commodity supplemental food program) (7 U.S.C. 

6 612c note). 

7 (3) Section 4402 of Public Law 107–171 (relat8 ing to the seniors farmers’ market nutrition pro9 gram) (7 U.S.C. 3007). 

10 (4) The Food and Nutrition Act of 2008 (7 

11 U.S.C. 2011 et seq.). 

12 (5) Section 19 of the Richard B. Russell Na13 tional School Lunch Act (42 U.S.C. 1769a). 

14 SEC. 8. SEVERABILITY. 

15 If any provision of this Act, or the application of such 

16 provision to any person or circumstance, is found to be 

17 unconstitutional, the remainder of this Act, or the applica18 tion of that provision to other persons or circumstances, 

19 shall not be affected. 

20 SEC. 9. EFFECTIVE DATE. 

21 This Act and the amendments made by this Act shall 

22 take effect with respect to items and services furnished 

23 on or after October 1, 2013. 

Æ 


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